GENERAL LAWS MASSACHUSETTS RELATING TO KAILROAD CQBPOKATIONS, STREET EAILWAY COMPANIES, ELEC- TRIC BAILROAD COMPANIES, TELEPHONE AND TELEGRAPH COMPANIES, STEAMBOAT AND EXPRESS COMPANIES. THE PUBLIC SERVICE COMMISSION LAW, CHAPTER 784 OF THE ACTS OF 1913; CHAPTERS 433, 463 AND 516 OF THE ACTS OF 1906; PROVISIONS OF THE REVISED LAWS AND SUBSEQUENT LEGISLATION TO AND INCLUDING THE YEAR 1913. MASSACHUSETTS PUBLIC SERVICE COMMISSION. COMPILED BY THE EXECUTIVE SECRETARY. BOSTON : WEIGHT & POTTER PRINTING CO., STATE PRINTERS, 32 DERNE STREET. 1914. \^ jhtblir FREDERICK J. MACLEOD, Chairman. GEORGE W. ANDERSON. EVERETT E. STONE. CLINTON WHITE. GEORGE W. BISHOP. ANDREW A. HIGHLANDS, Secretary. CHARLES E. MANN, Executive Secretary. ALLAN BROOKS, Assistant Secretary. OFFICE, 1 BEACON STREET, BOSTON. APPROVED BY THE STATE BOARD OF PUBLICATION. PUBLIC SERVICE COMMISSION LAW. CHAPTER 784 OF THE ACTS OF 1913. AN ACT TO CHANGE THE NAME, ENLARGE THE MEMBER- SHIP AND INCREASE THE POWERS OF THE BOARD OF RAILROAD COMMISSIONERS. SECTION 1. The board of railroad commissioners, existing Board of rau- under authority of section one of Part I of chapter four hundred ^iJ;g and sixty-three of the acts of the year nineteen hundred and name changed .... ... . . to public six, shall hereafter be called the public service commission, service com- hereinafter in this act called the commission, and its member- membership ship shall be enlarged so as to consist of five competent persons, ei hereinafter collectively called commissioners and individually referred to as commissioner, with the qualifications and dis- abilities in said act and this act prescribed. Upon the taking effect of this act the governor, with the advice and consent of the council, shall appoint two members in addition to the mem- bers of the board at that time and shall, notwithstanding the term for which any members of the board may have been here- tofore appointed and the date of the expiration thereof, desig- nate the terms of all of said members so that one member shall be appointed for five years, one for four years, one for three years, one for two years, and one for one year from the first day of July next. Thereafter, one member of the commission shall annually, before the first day of July, be appointed by the governor, with the advice and consent of the council, for a term of five years from said date. Whenever a new appoint- ment is made, or whenever any vacancy in the commission is filled, the commissioners shall meet and choose one of their number as chairman. The chairman shall be paid an annual Compensation. salary of eighty-five hundred dollars, and each of the other commissioners shall receive an annual salary of eight thousand dollars. Not more than three commissioners shall be appointed from the same political party. SECTION 2. The commission shall, so far as may Be neces- Duties of the sary for the purpose of carrying out the provisions of this or any other act, have general supervision and regulation of, and jurisdiction and control over, the following services, when fur- nished or rendered for public use within the commonwealth, and all persons, firms, corporations, associations and joint stock associations or companies, hereinafter in this act collectively called common carriers and severally called a common carrier, furnishing or rendering any such service or services: 313322 commission. IV PUBLIC SERVICE COMMISSION LAW. R. L. 109, 24 and 27, amended. 1906, 433, amended. Not to affect compensation of Massachu- setts highway commission. Any investi- gation, etc., begun by Mas- sachusetts highway commission to be con- tinued, etc., by public service commission. Pending proceedings not affected, etc. Proviso. a. The transportation or carriage of persons or property, or both, between points within the commonwealth by railroads, street railways, hereinafter called railways, electric railroads, and steamships, including express service and car service carried on upon or rendered in connection with such railroads, railways, electric railroads or steamships. b. The operation of all conveniences, appliances, facilities or equipment utilized in connection with, or appertaining to, such transportation or carriage of persons or property or such ex- press service or car service, by whomsoever owned or by whom- soever provided, whether the service be common carriage or merely in facilitation of common carriage. c. The transmission of intelligence within the commonwealth by electricity, by means of telephone lines or telegraph lines or any other method or system of communication, including the operation of all conveniences, appliances, instrumentalities, or equipment utilized in connection therewith or appertaining thereto. SECTION 3. Sections twenty-four and twenty-seven of chap- ter one hundred and nine of the Revised Laws are hereby amended by substituting for the words "commissioner of cor- porations", and for any other word or words intended to desig- nate said commissioner of corporations in each of said sections, whenever any jurisdiction is conferred with respect to corpora- tions established for and engaged in the business of transmitting intelligence by electricity, the words: public service com- mission. Chapter four hundred and thirty-three of the acts of the year nineteen hundred and six is hereby amended by sub- stituting in place of the words "Massachusetts highway com- mission", and any other word or words intended to designate the Massachusetts highway commission wherever used in said act, the words: public service commission, and said act is further amended by repealing section three thereof. Nothing in this act shall affect the compensation at present paid to the members of the Massachusetts highway commission. SECTION 4. Any investigation, examination, proceeding or appeal undertaken, begun or instituted by or before the Mas- sachusetts highway commission in connection with the super- vision of companies engaged in the transmission of intelligence by electricity prior to the taking effect of this act, may be con- ducted and continued to a final termination by the public service commission, in the same manner, under the same terms and conditions, and with the same effect as though the juris- diction of the Massachusetts highway commission over such matters had not been terminated; but no order or ruling here- tofore made by said last mentioned commission and then in force shall be invalidated by the taking effect of this act. This act shall not affect pending actions or proceedings, civil or criminal, brought by or against the Massachusetts highway commission; but the same may be prosecuted or defended in the name of the public service commission: provided, that the PUBLIC SERVICE COMMISSION LAW. V subject-matter thereof is within the statutory jurisdiction of said public service commission. And this act shall not release or waive any right or penalty which may have arisen or may have been incurred, nor shall any right or penalty created or enforceable under this act be a bar to or affect any recovery or indictment for such right or such penalty. SECTION 5. Upon the taking effect of this act the Massa- Massachusetts chusetts highway commission shall transfer and deliver to the co^mfs^ion to commission all books, maps, papers, files and records in its *ertafn r ' et " possession relating to the supervision of all companies engaged ! ecor< j'r etc - in the transmission of intelligence by electricity, and the com- service com- mission is hereby authorized to take possession of all such m books, maps, papers, files and records. Upon the taking effect Certain of this act every officer or employee subordinate to or under b^transf^rred. the control of or connected with the Massachusetts highway etc ' commission whose sole duty or exclusive employment relates to or has reference to the supervision of companies engaged in the transmission of intelligence by electricity shall become subordinate to or be transferred to the control of the commis- sion in the same manner as if he were appointed under section nine of this act. SECTION 6. Three members of the commission shall con- Quorum, stitute a quorum. No contested matter upon which a public hearing by said commission is required by law shall be heard or decided by less than a quorum of the commission. So much of section six of chapter seven hundred and fifty-five of the acts of the year nineteen hundred and eleven as authorizes a hearing upon a contested matter to be held before one commissioner, and an order in any such matter made by one commissioner to be confirmed by the commission with the same effect as an order of the commission, is hereby repealed. SECTION 7. Every vote, recommendation and order of the Records commission shall be entered of record; and the commission shall ML have an official seal, which shall be judicially noticed. Copies certified of all official documents and orders filed or deposited in the evfdence.etc. office of the commission, certified by a member of the com- mission, or by the secretary, to be true copies of the originals, under the official seal of the commission, shall be evidence in like manner as the originals in all courts of the commonwealth; and the commission may charge and collect for such copies ten cents for each folio. The fees so collected shall be paid into Fees, the treasury of the commonwealth. SECTION 8. The commission may expend for the salaries and Expenses, expenses authorized hereby and by other provisions of law, such amount as the general court shall annually appropriate. Sections three and four of Part I of chapter four hundred and Re P eal - sixty-three of the acts of the year nineteen hundred and six are hereby repealed. SECTION 9. The commission may appoint a counsel to the Counsel. commission, and such attorneys as it may deem advisable, for efc po ' D ent> such terms of office or employment and at such salaries as it VI PUBLIC SERVICE COMMISSION LAW. Appointment of sub- ordinates. Expenses for travel, etc. Experts and inspectors. Compensation. Compilation of statutes relating to common carriers. Rates, etc., of common carriers. Commission may petition interstate commerce commission. May confer, etc., with boards of other states. may deem proper, who shall in the conduct of litigation and court proceedings act under the direction of the attorney-gen- eral. The commission may appoint or employ such engineers, accountants, statisticians, bureau chiefs and division heads, assistants, inspectors, clerks, and other subordinates as it may deem advisable, on such terms of office or employment and at such salaries as it may deem proper. The commission may expend such sums to procure opinions, advice, plans, surveys, appraisals, audits, examinations, statistics, information, ap- paratus, instruments, books, tables, maps, drawings, supplies and sundries, and for travel within or without the common- wealth and expense incidental thereto as it may from time to time deem requisite in the performance of its duties. The com- mission may, from any appropriations authorized by the gen- eral court for the use of the commission, expend such sums as it deems necessary in the performance of its duties under the provisions of this act. The provisions of chapter two hundred and forty-five of the acts of the year nineteen hundred and seven, relative to experts and inspectors of the commission, shall apply to the appointment, employment or continuance in office of any officer or employee of the commission whose salary or compensation is in excess of twelve hundred dollars per annum. The commission may assign to all officers and employees by it appointed or employed such functions and such rank as it shall from time to time deem advisable; but everything done by any such officer or employee shall be subject to the control of, and revision by, the commission. The commission may from time to time cause to be made a compilation of the statutes of this commonwealth relating to common carriers, with an- notations. SECTION 10. The commission may inquire into the rates, charges, regulations, practices, equipment and services of com- mon carriers in this commonwealth, and elsewhere, rendering any service of a kind subject to its jurisdiction. It may be represented at any public hearings before any legislative com- mittee or public board in this commonwealth, or of any other state or of the United States, with respect to any proposed legislation or action by public authorities within or without the commonwealth affecting any public service within the common- wealth subject to its supervision, whenever in its opinion such representation is desirable in the interests of this common- wealth. It may apply by petition to the interstate commerce commission for relief, and may present evidence and arguments to the said commission, in any case in which it is of opinion that a common carrier subject to its supervision is violating any provision of the interstate commerce law or any valid order or regulation made under authority thereof. The commission may also confer with or appear before boards of other states having powers over any of the common carriers rendering public serv- ices of the kind hereinbefore described, when in its judgment the interests of the commonwealth will be promoted thereby. PUBLIC SERVICE COMMISSION LAW. Vll SECTION 11. The commission may, either through its mem- TO examine bers or by employees duly authorized by it, examine all books, oTcommon contracts, records, documents, papers and memoranda of any carriers - common carrier, and by subpoena duces tecum compel the pro- duction thereof, or of duly verified copies of the same or any of them, and compel the attendance of such witnesses as the com- mission may require to give evidence at any such examination. The commission may provide for an annual audit by employees Annual duly authorized by it of all the accounts of any common carrier al or class of common carriers, whenever it deems such action ad- visable. Any employee or agent of the commission who Penalty, divulges any fact or information which may come to his knowl- edge during the course of any such examination or audit, except in so far as he may be directed by the commission, or by a court or judge, or be authorized by law, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than one thousand dollars. SECTION 12. The commission may from time to time estab- lish and prescribe a system of forms of accounts to be used by the common carriers subject to its supervision, or may classify the said common carriers and prescribe a system of forms of accounts for each class. The accounts of all such common carriers shall be kept in accordance with the forms prescribed. The commission may also in its discretion prescribe the forms of records and memoranda to be kept by such common carriers. The forms of accounts established by the commission and the forms of records and memoranda prescribed by it shall conform as nearly as may be to the similar forms from time to time established and prescribed by the interstate commerce com- mission. SECTION 13. The commission may, either through its mem- inspection of bers or responsible agents, engineers, inspectors or examiners property> etl duly authorized by it, enter upon any premises occupied by any common carrier for any purpose consistent with the pro- visions of this act. It may inspect the property, equipment, buildings, plants, factories, power-houses, ducts, conduits and offices of any common carrier. It shall have the right in con- nection with such inspection by its members, inspectors or ex- perts to have such service, of the sort proffered by the common carrier, performed for it as it may reasonably require, including the right to ride upon any locomotive, car or steamship while in service, and to have, upon reasonable notice, the use of an inspection locomotive or car whenever that is necessary in the opinion of the commission, for a physical inspection of all or any of the lines and stations of any railroad or railway under its supervision. SECTION 14. The commission may investigate and determine Valuation, etc. the fair value for any purpose of all the property of any com- \ mon carrier rendering a public service subject to the supervision of the commission, which is actually used or useful for the convenience of the public, whenever it deems the ascertainment Vlll PUBLIC SERVICE COMMISSION LAW. Issue of stock, bonds, notes, or other evidences of indebtedness by railroads. [See Op. Jan. 0, 19t4, Bulkeley et al. v. N. Y., N. H. & H. R.R. Co. et als.] Amount of issue. Proposed issue to be authorized by vote. Application for approval of issue of capital stock, bonds, etc. [See Op. Jan. 9, 1914, Bulkeley etal.v.N. Y., N. H. & H. R.R. Co. et als.] Decision. of such value necessary in order to carry into effect any pro- vision of this act. The commission may at any time on its own initiative make a revaluation of such property. In making any valuation under this section, the commission may have access to and use any books, documents or records in the possession of any department or board of the commonwealth or any political subdivision thereof. SECTION 15. A railroad corporation may issue shares of capital stock, bonds, notes or other evidences of indebtedness, for the purpose of funding its floating debt, or for any other lawful purpose, and may mortgage or pledge as security for the payment of such indebtedness a part or all of its railroad, equip- ment and franchise and a part or all of its real and personal property, including property to be afterward acquired. Any mortgage executed by a railroad company shall secure all bonds, notes and other evidences of indebtedness previously issued and then outstanding on equal terms with any other indebtedness secured by such mortgage. Its bonds, notes or other evidences of indebtedness may be issued by any such corporation to an amount which, when added to the amount of all its then out- standing bonds, notes or other evidences of indebtedness, shall not cause the aggregate amount of all its bonds, notes and other evidences of indebtedness to exceed twice the amount of the capital stock of the corporation actually paid in at the time, as determined under the provisions of chapter six hundred and twenty of the acts of the year nineteen hundred and eight; but such of the bonds issued or to be issued under a mortgage as are deposited to retire at or before maturity, bonds or other evidences of indebtedness previously issued and outstanding at the date of such mortgage while so deposited shall not be taken into account in applying this limitation. No bonds, coupon notes, or other evidences of indebtedness payable at periods of more than twelve months from the date thereof shall be issued unless authorized by a vote of the stockholders at a meeting called for the purpose, and no such bond, coupon note or other evidence of indebtedness shall be issued unless countersigned or certified by a person or trust company appointed by the cor- poration for that purpose. SECTION 16. Before any railroad corporation shall issue any shares of capital stock or any bonds, notes or other evidences of indebtedness payable at periods of more than twelve months after the date thereof, it shall apply to the commission for its approval of the proposed issue to such amount as the commis- sion shall determine to be reasonable and proper for the purpose of funding its floating debt properly incurred for lawful pur- poses, or reasonable and proper for any other lawful purpose set forth in the application for such approval. The commission shall render its decision upon such an application within thirty days after the final hearing thereon. The decision shall be in writing and shall assign the reasons therefor. Any order of the commission approving any such issue of stock, bonds, notes or PUBLIC SERVICE COMMISSION LAW. IX other evidences of indebtedness may provide for the application of the proceeds thereof to such particular uses as the com- mission shall by that order or by some subsequent order specify, and the corporation shall not apply such proceeds otherwise than as thus specified in such order or orders. The decision of the commission as to the amount of stock which is reasonably necessary for the purpose for which such stock is proposed to be issued shall be based upon the price at which such stock is to be issued, and the commission shall refuse to approve any par- ticular issue of stock, if, in its opinion, the price at which it is proposed to be issued is so low as to be inconsistent with the public interest. The provisions of this section shall not require provisions a railroad corporation which is incorporated under the laws of tocerum ply one or more other states or foreign countries, as well as under railroads - the laws of this commonwealth, to apply to the commission for approval of the issue of shares of capital stock or of bonds, notes or other evidences of indebtedness for the sole ultimate purpose of providing funds for additions to or improvements of property of such corporation or of any corporation controlled by it through lease or stock ownership, if such property has a situs in another state or country by the laws of which such railroad corporation is authorized to operate a railroad therein and to make such additions to or improvements of such prop- erty, nor to apply to the commission for approval of the issue of shares of capital stock, bonds, notes or other evidences of in- debtedness for paying, funding or refunding indebtedness in- curred for such ultimate purpose; but all such proposed issues Proposed and the authority therefor shall, before the issue of such se- re^ curities, be reported to the commission. Except for such ulti- mate purpose, such a railroad corporation shall not hereafter without the approval of the commission issue any shares of capital stock, or any bonds, notes or other evidences of in- debtedness payable at periods of more than twelve months after the date thereof, in exchange for or to pay for shares of capital stock, notes, bonds or other evidences of indebtedness of any other corporation which are hereafter acquired or contracted for; but if the acquisition or holding of such securities by such railroad corporation shall be authorized by the laws of any state or country in which it has been incorporated, and shall also be permitted by the laws of the state or country in which such other corporation has been incorporated, the commission may authorize the acquisition of such securities by such railroad cor- poration, and may approve the issue of shares of capital stock, bonds, notes or other evidences of indebtedness by such railroad corporation in exchange for or to pay for such securities, pro- vided that the commission shall find that such acquisition and the terms thereof are consistent with the public interest. The Enforcement supreme judicial court or the superior court shall have jurisdic- Sffc' 81 ' tion in equity, upon the application of the commission, of the attorney-general, of any stockholder or of any interested party, to enforce the provisions of this and the preceding section and commission. X PUBLIC SERVICE COMMISSION LAW. Penalty. Repeal. Charges for service regulated. Free service, tickets, etc., prohibited, except, etc. all lawful orders and decisions, conditions or requirements of said commission made in pursuance thereof. A director, treas- urer or other officer or agent of a railroad corporation, who knowingly votes to authorize the issue of, or knowingly signs, certifies or issues stock or bonds contrary to the provisions of this or the preceding section, or who knowingly votes to au- thorize the application, or knowingly applies the proceeds of such stock or bonds contrary to the provisions of said sections, or either of them, or who knowingly votes to assume or incur, or knowingly assumes or incurs in the name or behalf of such corporation, any debt or liability except for the legitimate pur- poses of the corporation, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Sections fifty and sixty-five of Part II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, sections forty-eight and sixty-six of Part II of the same act, as amended by sections four and five of Part II of chapter seven hundred and twenty-five of the acts of the year nineteen hundred and twelve, and all other acts and parts of acts incon- sistent with this or the preceding section, so far as they apply to railroad corporations, are hereby repealed. SECTION 17. All charges made, demanded or received by any common carrier subject to the supervision of the commis- sion for any service rendered or performed, or to be rendered or performed by it or in connection therewith in the conduct of its common carrier business, or made, demanded or received by any two or more common carriers joining in rendering or performing any service shall be just and reasonable, and every such common carrier and any two or more such common car- riers joining in rendering or performing any service shall be entitled to make, demand and receive just and reasonable charges for any such service, and every unjust or unreasonable charge is hereby prohibited and declared unlawful; but charges heretofore established and set out in any schedule filed as here- inafter provided shall be deemed prima facie lawful until changed or modified by the commission under the powers con- ferred upon the commission by the provisions of this act, but this provision shall not give to such rates any greater weight as evidence of the reasonableness of other rates than they would otherwise have. SECTION 18. No common carrier shall, directly or indirectly, issue or give any free service, free tickets, free pass or free transportation for passengers or property between points within this commonwealth; but nothing in this act shall be held to prohibit any railroad corporation from furnishing free passes or free transportation to officers or employees of the general court; nor to prohibit any railroad corporation or street railway com- pany from giving free or reduced rate service to policemen, letter carriers and firemen while in uniform or engaged in the discharge of their duties; nor to prohibit any common carrier PUBLIC SERVICE COMMISSION LAW. XI from giving free or reduced rate service to its employees, or in cases of public emergency, or for such charitable purposes as may be approved by the commission; nor to prohibit any tele- phone or telegraph company, unless the commission shall other- wise order, from giving service at reduced rates to the common- wealth or to any city or town; nor shall this act be held to prohibit the commissioners, their experts, inspectors and counsel from being transported over the railroads and the railways of this commonwealth free of charge while engaged in the per- formance of their duties; nor shall this act be held to prohibit the giving by any such common carrier of free or reduced rate service to the classes defined and provided for in the act of congress entitled "An act to regulate commerce" and acts amendatory thereof. SECTION 19. Subject to the powers of the commission to Fixing of regulate and prescribe rates and charges, a common carrier etcTsubfe^t 68 ' may make commodity, transit, or other classes of rates. The |^"*^ furnishing by any common carrier of any service at the rates ft pp roval - and upon the terms and conditions provided for in any existing contract executed prior to the first day of July, nineteen hun- dred and thirteen, shall not constitute a discrimination unless the commission shall so determine. The commission shall not be prevented from taking such action as it may deem proper by any commitment or agreement of a common carrier entered into by reason of any requirement or recommendation of any board or public officers acting under delegated authority from the general court prior to the enactment hereof. Unless the issue of commission shall determine otherwise common carriers shall be oTher^tckets. permitted, whether required to do so by law or not, to issue mileage, workingmen's, excursion, school, or commutation pas- senger tickets, or reduced rate tickets for the transportation of children under twelve years of age, or of pupils attending schools, or joint interchangeable mileage tickets, with special privileges as to the amount of free baggage that may be carried under mileage tickets of five hundred miles or more. All season Season tickets. tickets, before issuance, shall be subject to the approval of the commission as to the form thereof and the conditions named therein. SECTION 20. Every common carrier shall file with the com- Schedules of mission and shall plainly print and keep open to public inspec- bfSedJrte! tion, schedules showing all rates, joint rates, fares, telephone rentals, tolls, classifications and charges for any service, of every kind rendered or furnished, or to be rendered or furnished, by it within the commonwealth, and all conditions and limitations, rules and regulations and forms of contracts or agreements in any manner affecting the same, in such places, within such time, and in such form, and with such detail as the commission may order. In the case of common carriers the forms pre- Forms for scribed for such schedules and the requirements relative to the schedule8 - filing and publication thereof shall conform, as nearly as may be, to the forms prescribed by and the similar requirements of Xll PUBLIC SERVICE COMMISSION LAW. Charges, etc. regulated. Refunds, etc. Thirty days' notice of change in rates, etc. Waiver of notice. Certain existing contracts not affected. Proviso. Public hearings on proposed changes in rates, etc. the interstate commerce commission. No common carrier shall, except as otherwise provided in this act, charge, demand, exact, receive, or collect a different rate, joint rate, fare, telephone rental, toll or charge for any service rendered or furnished by it, or to be rendered or furnished, from that applicable to such service as specified in its schedule filed with the commission and in effect at the time. Nor shall any common carrier re- fund, or remit directly or indirectly, any rate, joint rate, fare, telephone rental, toll or charge so specified, or any part thereof, nor extend to any person or corporation any rule, regulation privilege or facility except such as are specified in the said schedule and regularly and uniformly extended to all persons and corporations under like circumstances for the like, or sub- stantially similar, service. Unless the commission otherwise orders, no change shall be made in any rate, joint rate, fare, telephone rental, toll, classification or charge, or in any rule or regulation or form of contract or agreement in any manner affecting the same as shown upon the schedules filed in accord- ance with this act, except after thirty days' notice to the com- mission, which notice shall plainly state the changes proposed to be made in the schedule then in force and the time when such changes shall take effect, and such notice to the public as the commission shall order, to be given prior to the time, fixed in such notice to the commission, for the changes to take effect. The commission for good cause shown may allow changes with- out requiring the thirty days' notice, under such conditions as it may prescribe, and may suspend the taking effect of changes under the circumstances and in the manner hereinafter provided. At the time when any changes take effect, they shall be plainly indicated upon existing schedules, or new schedules shall be printed and filed, as the commission may order. Noth- ing in this act shall be construed to prevent any telegraph or telephone corporation from continuing to furnish the use of its lines, equipment or service under any contract or contracts in force at the date when this act takes effect, or upon the taking effect of any schedule or schedules of rates subsequently filed with the commission, as hereinafter provided, at the rate or rates fixed in such contract or contracts: provided, however, that when any such contract or contracts are or become terminable by notice, the commission shall have power in its discretion to direct by order that such contract or contracts shall be termi- nated by the telegraph or telephone corporation party thereto, and thereupon such contract or contracts shall be terminated by such telegraph or telephone corporation as and when directed by such order. SECTION 21. Whenever the commission receives notice of any change or changes proposed to be made in any schedule filed under the provisions of this act, it shall have power, either upon complaint or upon its own motion, and after notice, to hold a public hearing and make investigation as to. the pro- priety of such proposed change or changes. Pending any such PUBLIC SERVICE COMMISSION LAW. Xlll investigation and the decision thereon, the commission shall have power, by any order served upon the common carrier affected, to suspend the taking effect of such change or changes, but not for a longer period than six months beyond the time when such change or changes would otherwise take effect. After such hearing and investigation, the commission may Decision on make such order in reference to any new rate, joint rate, fare, etc wra telephone rental, toll, classification, charge, rule, regulation or form of contract or agreement proposed, as would be proper in a proceeding initiated after the same has taken effect. At any such hearing involving any proposed increase in any rate, joint rate, fare, telephone rental, toll or charge, the burden of proof to show that such increase is necessary in order to obtain a reasonable compensation for the service rendered shall be upon the common carrier. If at a hearing involving any proposed decrease in any rate, joint rate, fare, telephone rental, toll or charge demanded by any common carrier, it shall appear to the commission that the said rate, joint rate, fare, telephone rental, toll or charge is insufficient to yield reasonable compen- sation for the service rendered, the commission shall have power to determine what will be the just and reasonable rate or rates, fare or fares, telephone rental or rentals, toll or tolls, charge or charges, to be thereafter observed in such case as the minimum to be charged, and to make an order that the common carrier complained of shall not thereafter demand, charge or collect any rate, fare, telephone rental, toll, or charge lower than the minimum so prescribed without first obtaining the consent of the commission, not to be given without a public hearing. SECTION 22. Whenever the commission shall be of opinion, Hearmga after a hearing had upon its own motion or upon complaint, f^es.etc? 1 that the rates, fares or charges or any of them demanded, ex- acted, charged or collected by any common carrier now or here- after subject to its jurisdiction, for any services to be performed within the commonwealth, or the regulations or practices of such common carrier affecting such rates, are unjust, unreason- able, unjustly discriminatory or unduly preferential or in any wise in violation of any provision of law, or that the rates, fares or charges or any of them chargeable by any such common carrier are insufficient to yield reasonable compensation for the service rendered and are unjust and unreasonable, the commis- sion shall determine the just and reasonable rates, fares and charges to be charged for the service to be performed, and shall fix the same by order to be served upon every common carrier by whom such rates, fares and charges or any of them are there- after to be observed. It shall be the duty of every such com- orders of i 11 p commission mon carrier to observe and obey every requirement ot every to be obeyed, such order so served upon it, and to do everything necessary etc< or proper in order to secure absolute compliance with and ob- servance of every such order by all its officers, agents and em- ployees. The commission may, after investigation, authorize a common carrier in special cases to charge less for longer than XIV PUBLIC SERVICE COMMISSION LAW. Hearings upon service, etc. Orders of commission to be obeyed, etc. Hearings upon a train crew. Establishment of through routes, joint rates, etc., for passengers or freight. for shorter distances for the transportation of passengers or property, whenever in the opinion of the commission such authorization is consistent with the public interests, and the commission may from time to time modify or revoke such authorization. SECTION 23. Whenever the commission shall be of opinion, after a hearing had upon its own motion or upon complaint, that the regulations, practices, equipment, appliances or service of any common carrier, now or hereafter subject to its juris- diction, are unjust, unreasonable, unsafe, improper or inade- quate, the commission shall determine the just, reasonable, safe, adequate and proper regulations and practices, thereafter to be in force and to be observed, and the equipment, ap- pliances a,nd service thereafter to be used and shall fix and pre- scribe the same by order to be served upon every common carrier to be bound thereby. The commission shall have power after such a hearing to order from time to time that a railroad company shall operate its lines, of standard gauge, or such parts thereof as the commission shall prescribe, by electric power instead of by steam power, and in its order shall pre- scribe the time within which the work of electrification shall be done. Before making such order, the commission shall consider the relative importance and necessity of the changes in any specific regulations, practices, equipment and appliances pro- posed to be included therein and of other changes which may be brought to its attention in the course of such hearing, the financial ability of the carrier to comply with the requirements of the order, and the effect of the carrier's compliance therewith, upon its financial ability to make such other changes, if any, as may be deemed by the commission of equal or greater im- portance and necessity in the performance of the service which the carrier has professed to render to the public. It shall be the duty of every such common carrier to observe and obey every requirement of every such order so served upon it, and to do everything necessary or proper in order to secure ab- solute compliance with and observance of every such order by all its officers, agents and employees. SECTION 24. Whenever the commission shall be of opinion, after a hearing had upon its own motion or upon complaint, that the number of men forming a train crew of any train operating in the commonwealth is not sufficient to operate said train for the safety of the public and the employees of the rail- road, it shall thereupon order such changes as it may deem necessary. SECTION 25. Wherever there is no satisfactory through route for the transportation of passengers or freight at a rea- sonable rate the commission shall have power by order, after notice and a public hearing had upon complaint, to require any two or more railroad or railway companies whose lines, owned, operated, leased, or controlled by stock ownership or otherwise, form a continuous or connecting line of transporta- PUBLIC SERVICE COMMISSION LAW. XV tion, or could be made to do so by the construction and main- tenance of switch connection or interchange track at connecting points, or by transfer of property or passengers at connecting points, to establish through routes and joint rates, fares and charges for the transportation of passengers and property, and for the operation of the cars and other equipment for such transportation, within the commonwealth, as the commission may by its order designate; and, in case such companies can- not agree as to the division of rates or the conditions under which such through routes or transportation shall be established or such cars or other equipment operated, the commission shall have power, after due hearing, to determine and prescribe the proportionate portions of such through rates payable to each of such companies, the conditions under which such through routes or transportation shall be established or such cars or other equipment operated, and, in case of railways, to grant locations upon which the grantee company may construct the switch connection or interchange track necessary to the estab- lishment of such through routes or transportation, or to the operation of such cars or other equipment: provided, however, Proviso, that a railroad or railway company shall have control of and responsibility for the management and operation of all trains or cars while they are upon its railroad or railway as fully as if it owned them. The commission may, upon reasonable Switch terms and conditions, require and order any railroad or railway fo^frelght !n company which carries freight in carload lots to establish and carloadlots - maintain for the purpose of receiving or delivering freight in carload lots, a switch connection with any private side track constructed on land adjoining the location of any such railroad or railway, if the commission is of opinion that such connection is reasonable and practicable, can be put in and used with safety, and will furnish sufficient business to justify its con- struction and maintenance, and the commission may grant to any railway company the necessary locations in public ways and places for any switch connection ordered by the commission to be constructed by such railway company. , SECTION 26. Every order of the commission shall be served Orders of upon every person or corporation to be affected thereby, either how served.' by personal delivery of a certified copy thereof, or by mailing a certified copy thereof, in a sealed package with postage pre- paid, to the person to be affected thereby or, in the case of a corporation, to any officer or agent thereof upon whom a sum- mons may be served under the laws of this commonwealth. It Acknowiedg- shall be the duty of every person and corporation to notify the receipt of commission forthwith, in writing, of the receipt of the certified OI copy of every order so served, and in the case of a corporation such notification shall be signed and acknowledged by a person or officer duly authorized by the corporation to admit such service. Within a time specified in the order of the commission Acceptance, every person and corporation upon whom it is served shall, if etc so required in the order, notify the commission in like manner XVI PUBLIC SERVICE COMMISSION LAW. Procedure to review rulings, etc., of commission by the court. Costs. Preference over other civil pro- ceedings, except election cases. Enforcement of orders by the court. Act, how- construed. Repeal. Proviso. whether the terms of the order are accepted and will be obeyed. Every order of the commission shall take effect at a time therein specified and shall continue in force either for a period which may be designated therein or until changed or abrogated by the commission. SECTION 27. The supreme judicial court shall have juris- diction in equity to review, annul, modify or amend any rulings or orders of the commission which are unlawful to the extent only of such unlawfulness. The procedure before the said court shall be that prescribed by its rules, which shall state upon what terms the enforcement of the order shall be stayed. The attorney for any party petitioning the supreme judicial court hereunder shall file with the clerk of the court a certificate that he is of opinion that there is such probable ground for the ap- peal as to make it a fit subject for judicial inquiry, and that it is not intended for delay; and double costs shall be assessed by the court upon any such party whose petition shall appear to the court not to be a fit subject for judicial inquiry or shall appear to be intended for delay. The burden of proof shall be upon the party adverse to the commission to show that its order is invalid. Any proceeding in any court of this common- wealth directly affecting an order of the commission or to which the commission is a party shall have preference over all other civil proceedings pending in such court, except election cases. SECTION 28. The supreme judicial court shall have juris- diction upon the application of the commission to enforce all valid orders of the commission and all the provisions of this act. Whenever the commission shall be of opinion that a com- mon carrier subject to its supervision is failing or omitting or about to fail or omit to do anything required of it by law or by order of the commission, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of the law or of any order of the commission, it shall direct counsel to the com- mission to begin, subject to the supervision of the attorney- general, an action or proceeding in the supreme judicial court in the name of the commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions. SECTION 29. This act shall be deemed and construed as a remedial act and in enlargement and extension of all previous acts and existing laws conferring upon or vesting in the com- mission any jurisdiction, powers or discretion with respect to any subject or matter treated in this act. Except as above provided all acts and parts of acts inconsistent with any pro- vision of this act, and all acts and parts of acts which would in any way limit or prevent the exercise to the fullest extent of any of the jurisdiction, powers, authority or discretion dele- gated herein to the commission are hereby repealed: provided, that nothing herein contained shall be construed to repeal, directly or by implication, the provisions of chapter five hun- PUBLIC SERVICE COMMISSION LAW. XV11 dred of the acts of the year eighteen hundred and ninety-seven, or to authorize the commission to make any order or take any action inconsistent with the provisions of said act or with any rights which have been acquired by any common carrier under any statute prior to the passage of this act. SECTION 30. So much of section one of this act as provides Time of taking for the appointment of additional members of the commission ef and for the designation of the respective terms of office of the commissioners shall take effect upon its passage, and, other- wise, this act shall take effect on the first day of July next. INDEX TO PUBLIC SERVICE COMMISSION LAW. Note. For indexes to the general railroad, railway, telephone and telegraph laws of the Common- wealth, see end of this volume. A. ACCESS. to books, etc., of state departments. See BOOKS. ACCOUNTANTS. commission may appoint, salaries, . terms of office, etc., ..... VII vii vii ACCOUNTS. of common carriers, annual audit of, information not to be divulged, penalty, forms of, how prescribed, . ACKNOWLEDGMENT. of orders of commission. See ORDERS. ACT. effective as to appointment, etc., on passage, . xvii otherwise effective July 1, 1913, . . . xvii AGENTS. of commission, may enter on premises, etc., when, ...... vii of railroad corporations, penalty for violation of act, etc., ..... x See EMPLOYEES. AGREEMENTS. forms of, affecting rates. See RATES. AMENDMENT. of rulings of commission by supreme judicial court, ...... xvi procedure, ...... xvi AMOUNT. of bonds. See BONDS. of capital stock. See CAPITAL STOCK. of evidences of indebtedness. See INDEBT- EDNESS, EVIDENCES OF. of notes. See NOTES. ANNULMENT. of rulings of commission by supreme judicial court, ...... xvi procedure, ...... xvi APPARATUS. instruments, etc., expenditures for, . . vi APPLIANCES. affecting service. See SERVICE. APPLICATION OF PROCEEDS. of bonds. See BONDS. of capital stock. See CAPITAL STOCK. of evidences of indebtedness. See INDEBT- EDNESS, EVIDENCES OF. of notes. See NOTES. APPRAISALS. audits, examinations, etc., expenditures for, APPROVAL. of issue of bonds. See BONDS. of issue of capital stock. See CAPITAL STOCK. of issue of evidences of indebtedness. See INDEBTEDNESS, EVIDENCES OF. of issue of notes. See NOTES. ASSISTANTS. Commission may employ, salaries, . terms of office, etc., ..... ASSOCIATIONS. under supervision of commission, . . . iii, iv ATTORNEY-GENERAL. may apply to supreme judicial court, etc., for jurisdiction in equity to enforce act, . ix supervision of counsel in certain proceedings, etc., ....... xvi AUDITS. expenditures for, ...... vi of books, etc., of common carriers, and annual, vii / AUTHORITY. of commission. See CONSTRUCTION OF ACT. B. BAGGAGE. free, amount of, carried on mileage, BOARDS. of commonwealth, access to books, etc., . XX INDEX TO PUBLIC SERVICE COMMISSION LAW. BONDS. railroad corporations may issue, when, . . vii for funding floating debt, .... vii for any other lawful purpose, . . .vii may mortgage or pledge railroad, equipment and franchise, . . . . .vii real and personal property, etc., . . vii mortgage to secure all bonds, etc., pre- viously issued and outstanding, . . vii: amount of, etc., not to exceed twice the amount of capital stock, ..... viii how determined, ..... viii certain, deposited not taken into account, . viii determination of capital stock, etc., under acts of nineteen hundred and eight, . . viii hearing, decision within thirty days of final, viii not to be issued unless authorized by stock- holders' vote, . . . . . nor unless countersigned, etc., by appointed person, ...... viii or certified by trust company, . . viii proposed issue, application, approval, . . viii decision, within thirty days of final hearing, . viii in writing, with reasons therefor, . . viii order, may provide for application of pro- ceeds, etc., .... viii, ix other corporations, issue for purchase, pro- hibited, except, ..... ix approval of, when, ..... ix superior court, equity, jurisdiction to enforce, . ix supreme judicial court, equity, jurisdiction, to enforce, ..... ix pplication by commission, attorney-gen- eral, etc., ...... ix other states or foreign countries, for use in, . ix approval not required, when, . . . ix property, improvements etc., to be reported, . ix of other corporations controlled by lease, etc., issue for, ...... ix proceeds not applied otherwise than specified, . ix corporations, also incorporated in other states, provisions, ...... ix or in foreign countries, when, ix penalty, for violation of certain sections, . x for unlawful vote or application of proceeds, x for unlawful assumption of debt or liability, . x repeal of acts and parts of acts inconsistent, etc., ....... x BOOKS. of common carriers, may be examined, . . vii may compel production of, etc., . . .vii witnesses as to, compelled to attend, . . vii of state departments, access to, in making val- uation, etc., ..... viii BOSTON ELEVATED RAILWAY. no repeal of provisions of act of 1897 to promote rapid transit, etc., . . . rvi, xvii nor action inconsistent with prior rights, etc., xvii BUILDINGS. of common carriers, may be inspected by com- missioners, agents, etc., . . .vii BUREAU CHIEFS. commission may appoint, salaries, . . . vi terms of office, etc., .... vi c. vin viii viii via viii CAPITAL STOCK. bonds, coupon notes, etc., not to exceed twice the amount of, commission to approve proposed issue, appli- cation, decision within thirty days of final hearing, to be in writing and assign reasons therefor, to be based upon price, order may provide for application of proceeds to, etc., . . . vi determination of capital stock, etc., under acts of nineteen hundred and eight, hearing, decision within thirty days of final, . refusal of approval, when, . other corporations, issue for purchase of pro- hibited, except, .... approval of, when, .... other states or foreign countries, for use in, approval not required, when, property, improvements and additions to be reported, .... of other corporations controlled by lease or, etc., ..... issue for, approval of, when, penalty, for violations of certain sections, for unlawful vote or application of proceeds, for unlawful assumption of debt or liability, price, decision as to amount, to be based upon, approval refused if price so low as to be in- consistent with public interests, proceeds not to be applied otherwise than specified, ..... prohibition of issue of, for stock, bonds, etc., of other corporations, except, property, improvements, etc., in other states, etc., to be reported, .... provisions not to apply, when, to corporations also incorporated in other states, when, .... or in foreign countries, when, repeal of acts and parts of acts inconsistent, etc., . . . railroad corporations may issue, when, for funding floating debt, .... for any other lawful purpose, supreme judicial court or superior court, juris- diction in equity to enforce, commission, attorney-general, any stock- holder may apply to, .... any interested party may apply to, IARLOAD LOTS. of freight, switch connections, track, etc., when. JARS. use of, for inspection of lines, etc., . . .vii operation of, to secure through route. See THROUGH ROUTE. !AR SERVICE. jurisdiction of commission over, when, . . iv CERTIFICATION. of bonds, notes, etc., by trust company. See BONDS, INDEBTEDNESS, EVIDENCES OF, NOTES. via viii viii INDEX TO PUBLIC SERVICE COMMISSION LAW. XXI CHANGES. affecting rates. See RATES. in train crews. See TRAIN CREWS. CHARGES. of common carriers, inquiry into, vi regulation of, . . . . . . * to be just and reasonable, x unjust and unreasonable, unlawful, . . z heretofore made deemed prima facie lawful, x weight of evidence, ..... r for service. See RATES. CHARITABLE PURPOSES. See FREE TRANSPORTATION. CHILDREN. under twelve years of age, transportation of, at reduced rate. See RATES. CITIES. may receive telephone and telegraph service at reduced rates, unless, xi CLASSES. entitled to free or reduced rate service, . . xi CLASSIFICATION. of common carriers, forms of accounts for each class, ...... vii CLASSIFICATIONS . for service. See RATES. CLERKS. commission may appoint, salaries, . , . . vi terms of office, etc., vi COMMISSIONER OF CORPORATIONS. jurisdiction of, as to telephone and telegraph companies transferred, COMMODITY RATES. See RATES. COMMON CARRIERS. In General. accounts of, annual audit, etc., forms of, prescribed, ..... charges, to be just and reasonable, unjust and unreasonable, unlawful, heretofore made deemed prima facie lawful, weight of evidence, ..... classification of, for accounting, definition, services supervised and regulated, electrification of railroads may be ordered, entry upon premises of, by, when, . inspection of property, etc., by commissioners, etc use of locomotive, car, etc., jurisdiction of commission over, laws concerning, compilations from time to time, ...... orders and rulings of commission, supreme judicial court, jurisdiction to amend, provisions of previous acts, etc., and rights acquired unrepealed, .... vu vii VH iii, iv xiv vii vii vii xvi xvi COMMON CARRIERS Concluded. supervision and regulation of, by commission, . iii, iv valuation, etc., of property, etc., may be made, vii violations of interstate commerce law, pro- ceedings, ...... vi of laws of other states, proceedings, . . vi See SERVICE. See also under other Titles. Rates. changes in. See RATES. charges, regulations, practices, equipment, services of, inquiry, vi See also RATES. commission may act upon, xi previous action under authority, etc., not to prevent, ...... xi hearings, affecting rates. See RATES. mileage, workingmen's, excursion, school or commutation. See RATES. orders fixing rates. See RATES. passes. See RATES. schedules. See RATES. season tickets. See RATES. Services. under supervision and regulation, . . . iv appliances for transportation, iv car service, ....... iv conveniences in facilitation of common car- riage, iv electric railroads, ...... iv equipment, ....... iv express service, ...... iv intelligence by electricity, transmission of, . iv railroads, ....... iv street railways, ...... iv telephone lines, ...... iv telegraph lines, ...... iv transmission of intelligence by electricity, . iv transportation, etc., of persons or property, . iv COMMONWEALTH. books, etc., of, access to, in making valua- tion, etc., ...... viii reduced telephone and telegraph service, unless, xi COMMUTATION TICKETS. See RATES. COMPANIES. under supervision of commission, . COMPILATION OF LAWS. relating to common carriers to be made from time to time, ..... CONDITIONS. affecting rates. See RATES. stock issues, supreme judicial, etc., courts may enforce, . . . . . . upon season tickets, subject to approval, . CONDUITS. of common carriers, may be inspected, etc., . CONNECTING POINTS. See THROUGH ROUTE. XX11 INDEX TO PUBLIC SERVICE COMMISSION LAW. CONSTRUCTION OF ACT. remedial, and in extension, etc., of all previous acts, etc., ...... xvi repeal of all acts limiting jurisdiction, powers, etc., ....... xvi proviso, no repeal of provisions of 1897, 500, xvi, xvii or permitting action inconsistent with prior rights, etc., ..... xvii CONTRACTS. of common carriers may be examined, may compel production of, etc., . witnesses as to, compelled to attend, forms of, affecting rates. See RATES. service at rates in certain, no discrimination, unless, COPIES. of books, contracts, duction of, etc., compulsory pro- CORPORATIONS. under supervision of commission, in, iv COUNSEL. commission may appoint, salaries, . . . v free transportation for, when, . . . xi terms of office, etc., ..... v to act under attorney-general, when, . . v, vi may start proceedings in supreme judicial court, xvi to prevent violations of laws or orders, when, xvi COUNTERSIGNIN O. of bonds, evidences of indebtedness, notes. See BONDS, INDEBTEDNESS, EVIDENCES OF, NOTES. COUPON NOTES. for more than twelve months, . . . viii must be authorized by vote of stockholders, viii must be countersigned by appointed person, viii or certified by trust company, . . viii See NOTES. D. DEBT. penalty for assuming or incurring, except, . x DECISION. on petitions for approval of capital stock, bonds, etc., ..... viii issue within thirty days of final hearing, . viii order may provide for application of pro- ceeds, etc., .... viii, ix writing, in, finding reasons therefor, . . viii supreme judicial court or superior court, juris- diction to enforce, . . . . ix, x See ORDERS. DEFINITION. "Common Carriers," III, IV DEPARTMENTS. of commonwealth, access to books of, etc., . viii in making valuation of property of common carriers, ...... viii DETERMINATION. of value of property, etc., of common carriers, vii DIRECTORS. penalty, for violation of certain sections, . x DISCRETION. of commission. See CONSTRUCTION OP ACT DISCRIMINATION. service under certain contracts not to con- stitute, unless, ..... xi in rates. See RATES. DIVISION HEADS. commission may appoint, salaries, . . . vi terms of office, etc., ..... vi DOCUMENTS. of common carriers, may be examined, . . vii may compel production of, etc., . . .vii witnesses as to, compelled to attend, . . vii of state departments, access to, etc., in valuing property of common carriers, . . viii DUCTS. of common carriers, may be inspected by com- missioners, agents, etc., . vii E. ELECTRICITY. transmission of intelligence by, jurisdiction of commission, ..... ELECTRIC POWER. instead of steam, commission may order, ELECTRIC RAILROADS. jurisdiction of commission, .... supervised and regulated by commission, ELECTRIFICATION. of railroads, commission may order, EMPLOYEES. of common carriers, may receive free or reduced rate service, .... train crews, when insufficient to operate trains changes may be ordered, EMPLOYEES OF COMMISSION. acts subject to control or revision, . not subject to civil service certification, when, . to be assigned to functions or rank deemed advisable, ...... penalty for divulging information from annual audit of books, etc., .... ENGINEERS. commission may appoint, salaries, . terms of office, etc., ..... may enter upon premises of carriers, when, ENTRY. on premises of common carriers by commis- sioners, etc., ..... INDEX TO PUBLIC SERVICE COMMISSION LAW. XX111 EQUIPMENT. of common carriers, inquiry into, vi may be inspected by commissioners, agents, etc., ....... vii of railroads, may be mortgaged for payment of indebtedness, ..... viii operation of, to secure through route. See THROUGH ROUTE. affecting service. See SERVICE. EVIDENCES OF INDEBTEDNESS. See INDEBTEDNESS, EVIDENCES OF. EXAMINATIONS. expenditures for, ...... vi EXAMINERS. may enter upon premises of carriers, when, . vii EXCURSION TICKETS. See RATES. EXPENDITURES. for opinions, advice, etc. See PUBLIC SERVICE COMMISSION (expenditures) . EXPERTS. may ride upon locomotive, car or steamship, etc., vii free transportation for, . ... id EXPRESS SERVICE. Jurisdiction of commission over, when, . . iv F. FACILITIES. affecting rates. See RATES. FACTORIES. of common carriers, etc., may be examined, etc., vii FARES. charges for. See RATES. FILING. of schedules of rates, etc., . . . . xi to conform to requirements of interstate commerce commission, . . xi, xii FIREMEN. free or reduced rate, while in uniform, . . x FIRMS. under supervision of commission, . . . iii, iv FLOATING DEBT. funding of, etc. See CAPITAL STOCK, BONDS, NOTES, INDEBTEDNESS, EVIDENCES OF. FOREIGN COUNTRIES. securities for use in. See BONDS, CAPITAL STOCK, INDEBTEDNESS, EVIDENCES OF, NOTES. FORMS. of contracts, etc., affecting rates. See RATES. of season tickets, subject to approval, . . xi FORMS OF ACCOUNTS. of common carriers, classification, etc., . . vii accounts to be kept in accordance with, . vii to conform to interstate commerce forms, . vii FRANCHISE. of railroads, may be mortgaged for indebtedness, viii FREE TRANSPORTATION. of passengers or property, prohibited, . . x exceptions, . . . . . x, xi for charitable purposes, to be approved by commission, ..... xi FREIGHT. through route for, may be ordered, etc., . xiv, xv FUNDING. indebtedness. See BONDS, CAPITAL STOCK, IN- DEBTEDNESS, EVIDENCES OF, NOTES. G. GAUGE. standard, railroads of, may be electrified, pro- GENERAL COURT. action by boards, etc., under delegated authority from, ...... xi not to prevent action by commission, when, xi officers and employees of, free transportation, x annual appropriations by, for commission, . v H. HEARINGS. as to rates. See RATES. as to service. See SERVICE. before one commissioner, law repealed as to contested caees, ..... v in and out of commonwealth, commission rep- resented, ...... vi in contested cases, quorum of commission neces- sary, ....... v on complaint as to through route, etc., . . xiv on petitions to interstate commerce commis- sion, ....... vi, on proposed issues of bonds, capital stock, etc. See BONDS, CAPITAL STOCK, INDEBTED- NESS, EVIDENCES OF, NOTES. quorum to hear and decide contested matters-, v See SUPREME JUDICIAL COURT. I. IMPROPER SERVICE. See SERVICE. INADEQUATE SERVICE. See SERVICE. INDEBTEDNESS. See BONDS. See CAPITAL STOCK. See NOTES. See INDEBTEDNESS, EVIDENCES OF. INDEBTEDNESS, EVIDENCES OF. railroad corporations may issue, when, . . viii for funding floating debt, .... viii for any other lawful purpose, . . . viii mortgage to secure all bonds, etc., pre- viously issued and outstanding, . . viii XXIV INDEX TO PUBLIC SERVICE COMMISSION LAW. Vlll viii viii viii Vlll viii viii viii viii INDEBTEDNESS, EVIDENCES OF Concluded, amount of, etc., ...... not to exceed twice the capital stock, . how determined, ..... certain bonds deposited not taken into account, determination of capital stock, etc., under acts of nineteen hundred and eight, . . viii hearing, decision within thirty days of final, viii not to be issued unless by vote of stockholders, viii not unless countersigned by appointed person, viii or certified by trust company, commission to approve proposed issue, . application to, . decision within thirty days of final hearing, to be in writing and assign reasons, order may provide for application of, particular uses, ...... viii, ix other states or foreign countries, for use in, . ix approval not required, when, ix property, improvements, etc., to be reported, ix of other corporations, etc., issue for, . . ix proceeds to be applied as specified in order, . ix property, improvements, etc., to be reported, ix prohibition of issues of, for stock, etc., of other corporations, except, ix other corporations, issue for purchase of, pro- hibited, except, ..... ix approval of, when, ..... ix supreme judicial court or superior court, juris- diction in equity to enforce, . . ix commission, attorney-general, any stock- holder may apply to, . . . ix interested party may apply to, . . ix penalty, for violation of certain sections, . x for unlawful vote or application of proceeds, x for unlawful assumption of debt or liability, x repeal of acts and parts of acts inconsistent, etc., x INJUNCTION. proceedings to prevent violations of law or order of commission, ..... xvi to prevent threatened violations, etc., . . xvi INSPECTION. of property, equipment, buildings, factories, offices, ...... vii of plants, power-houses, ducts, conduits, . vii service, transportation, etc., in connection therewith, . ..... vii locomotive, car, etc., for use of commission, vii INSPECTION CAR. use of, for inspection of lines, etc., . . .vii INSPECTION LOCOMOTIVE. use of, for inspection of lines, etc., . . .vii INSPECTORS. commission may appoint, salaries, . free transportation for, when, terms of office, etc., ..... may enter upon premises of common carriers, when, ...... may ride upon locomotive, car or steamship for physical inspection, .... INTERCHANGE TRACKS. to secure through routes. See THROUGH ROUTE. INTERESTED PARTY. may apply to supreme judicial court, etc., for enforcement of provisions, INTERSTATE COMMERCE COMMISSION. commission may petition, may present evidence and argument to, forms of accounts of, to be followed, of memoranda and records to be followed, schedules of rates to conform to forms pre- scribed by, .... j publication, etc., to conform to, . INTERSTATE COMMERCE LAW. violation of, commission may prosecute, when, free or reduced rate given classes defined in, INVESTIGATIONS. begun by Massachusetts highway commission may be continued by, pending proceedings brought by or against, not affected, ..... may be prosecuted or defended by, if, rights or penalties not waived, . recovery or indictment not affected, inquiry into regulations, practices, equipment, service, etc., ..... action if unjust, unreasonable, unsafe, improper or inadequate, of valuation of property of common carriers, . of rates. See RATES. JOINT RATES. charges for. See RATES. JOINT STOCK ASSOCIATIONS. under supervision of commission, . JURISDICTION. of commission, ..... See also CONSTRUCTION OF ACT. vu vii xiv vii L. LAW. violation of, or order, proceeding in supreme judicial court, . . . . .xvi LEGISLATURE. See GENERAL COURT. LETTER CARRIERS. free or reduced rate while in uniform, . . x LIABILITY. penalty for assuming or incurring, except, . x LIMITATIONS. affecting rates. See RATES. LOCATIONS. for switch connections for through routes. See THROUGH ROUTE. LOCOMOTIVE. commission may have use of, for inspection of lines, etc., . . . . . .vii INDEX TO PUBLIC SERVICE COMMISSION LAW. XXV M. MANDAMUS. proceedings to prevent violations of law or orders of commission, .... xvi to prevent threatened violations, etc., . . xvi MASSACHUSETTS HIGHWAY COMMIS- SION. electricity, transmission of, jurisdiction of transferred, . . . . iv, v compensation not affected, iv employees, transferable, v investigations, examinations, proceedings, appeals pending, jurisdiction trans- ferred, ...... iv actions, proceedings, civil or criminal, by or against not affected, iv may be prosecuted or defended in name of public service commission, if, . . iv orders, rulings, etc., in force not invali- dated, . . . . . . iv, v rights or penalties not waived, . . . v recovery or indictment not affected, . v repeal of section assessing certain expenses of, ....... iv transfer of books, maps, papers, files and records by, to public service commission, . . v MEMORANDA. of common carriers, may be examined, . . vii may compel production of, etc., . . .vii witnesses as to, compelled to attend, . . vii forms of, may be prescribed, . . .vii to conform to interstate commerce forms, vii MODIFICATION. of rulings of commission by supreme judicial court, ...... xvi procedure, ...... xvi MORTGAGES. See BONDS, NOTES, INDEBT- EDNESS, EVIDENCES OF. N. NOTES. railroad corporations may issue, when, for funding floating debt, .... for any other lawful purpose, mortgage to secure all bonds, etc., pre- viously issued, etc., .... amount of, etc., not to exceed twice the capital stock, ...... how determined, ..... certain bonds not taken into account, . to be authorized by vote of stockholders, and countersigned by appointed person, or certified by trust company, commission to approve proposed issue, application to, ...... decision within thirty days of final hearing, in writing and reasons therefor, assigned, determination of capital stock, etc., under acts of nineteen hundred and eight, hearing, decision within thirty days of final, . order may provide for application of proceeds, etc., . . . . . . viii, ix Vlll viii viii Vlll viii viii viii viii viii viii viii viii viii viii viii NOTES Concluded. other states or foreign countries, for use in, approval not required, when, property, improvements and additions, to be reported, ..... of other corporations controlled, etc., issue for, ...... proceeds to be applied as specified in order, provisions not to apply to corporations in other states, when, ..... or in foreign countries, when, property, improvements, etc., to be reported, . prohibition of issues of, for notes, etc., of other corporations, except, .... other corporations, for purchase of, prohibited, except, . ..... approval of, when, ..... supreme judicial court or superior court, juris- diction, etc., ..... commission, attorney-general, any stock- holder may apply, .... any interested party may apply to, . penalty, for violation of certain sections, for unlawful vote or application of proceeds, for unlawful assumption of debt or liability, repeal of acts and parts of acts inconsistent, etc., NOTICE. of change affecting rates. See RATES. NOTIFICATION. of receipt of orders of commission. See ORDERS. o. OFFICES. of common carriers, may be examined, etc., . vii OFFICERS. or employees of commission, vi not subject to civil service certification, when, ...... vi of railroad corporations, penalty for violation of certain sections, x of general court, free transportation, . . x OPERATION. of cars, etc., to secure through route. 8ee THROUGH ROUTE. OPINIONS. advice, etc., expenditures for, vi ORDERS. served upon persons or corporations affected, . xv service, by personal delivery or mailing certified copy, ...... xv injunction, proceedings to prevent violations of law or order of commission, . . xvi to prevent threatened violations, etc., . . xvi mandamus, proceedings to prevent violations of law or order of commission, . . xvi to prevent threatened violations, etc., . . xvi notification of receipt in writing to be returned, xv to be signed by officer of corporation, . . xv terms of order, acceptance and obedience to, xv, xvi time of taking effect to be specified, . . xvi supreme judicial court, etc., jurisdiction, ix, x, xvi XXVI INDEX TO PUBLIC SERVICE COMMISSION LAW. ORDERS Concluded. to be entered of record, . . . . v to continue in force until changed or abrogated, xvi violation of, proceeding in supreme judicial court, if, xvi OTHER CORPORATIONS. capital stock, bonds of, etc., .... is issues of stock or bonds for purchase of, pro- hibited, except, ..... is purchase of, issues of stock and bonds for, pro- hibited, except, ..... is approval of, when, ..... ix P. PAPERS. of common carriers may be examined, . . vii may compel production of, etc., . . . vii witnesses as to, compelled to attend, . . vii PASSENGERS. through route for, may be ordered, . . xiv notice and hearing, ..... xiv transfer of, at connecting points, etc. See THROUGH ROUTE. PASSENGER TICKETS. See RATES. PASSES. See FREE TRANSPORTATION. PAYING. indebtedness. See BONDS, CAPITAL STOCK, IN- DEBTEDNESS, EVIDENCES OF, NOTES. PENALTY. for divulging information, audit of books, etc., vii for violation of certain sections, . . . x for unlawful vote on stock, etc., issue, . . x or on application of proceeds, x for unlawful assumption of debt or liability, . x PERSONAL PROPERTY. mortgage of, to secure bonds, . . . viii PERSONS. transportation or carriage of, supervised and regulated, ...... iv under supervision of commission, . . . iii, iv PLANS. surveys, appraisals, etc., expenditures for, . vi PLANTS. of common carriers, may be inspected, etc., . vii POLICEMEN. free or reduced rate while in uniform, . . x POWER HOUSES. of common carriers, may be inspected, etc., . vii POWERS. of commission. See CONSTRUCTION OF ACT. PRACTICES of common carriers, inquiry into, vi affecting rates. See RATES. affecting service. See SERVICE. PREMIUMS. determination of capital stock, etc., under acts of nineteen hundred and eight, PRIVATE SIDE TRACK. switch connection with, etc., . . . xv PRIVILEGES. affecting rates. See RATES. PROCEEDS. of bonds. See BONDS. of capital stock. See CAPITAL STOCK. of evidences of indebtedness. See INDEBTED- NESS, EVIDENCES OF. of notes. See NOTES. PROPER PRACTICES. See SERVICE. PROPER REGULATIONS. See SERVICE. PROPERTY. of common carriers, may be inspected, . . vii valuation and revaluation may be made, vii, viii transfer of, at connecting points, etc. See THROUGH ROUTE. transportation or carriage of, supervised and regulated, ...... iv of railroads, may be mortgaged, etc., . . viii in other states and foreign countries, etc., . ix additions, etc., to be reported, . . ix PUBLICATION. of schedules of rates, etc., xi in accordance with requirements of interstate commerce commission, . . xi, xii PUBLIC HEARINGS. affecting rates. See RATES. in and out of commonwealth, commission rep- resented, ...... vi See also HEARINGS. PUBLIC SERVICE COMMISSION. In General. act, to change name of, from board of railroad commissioners, etc., . . . .iii remedial, and in extension, etc., of all pre- vious acts, etc., .... xvi repeal of all acts limiting jurisdiction, powers, etc., ..... xvi no repeal of provisions of 1897, 500, xvi, xvil or of action inconsistent with prior rights, etc., ...... xvii appointment, of commissioners, . . .iii to take effect on passage of act, . . xvii of accountants, assistants, bureau chiefs, clerks, division heads, inspectors, statis- ticians and other subordinates, . . vi of counsel, etc., ..... v certified copies of official documents under official seal, ..... v shall be evidence in all courts of the common- wealth, ...... v INDEX TO PUBLIC SERVICE COMMISSION LAW. XXV11 PUBLIC SEEVICE COMMISSION Continued chairman to be chosen whenever a new appoint- ment is made, ..... iii contested matters, not to be heard nor decided by less than quorum, if, . . . v repeal of law for hearing, etc., by one com- missioner in contested cases, . . v discretion of. See CONSTRUCTION OP ACT. employees of. See EMPLOYEES OF COMMIS- SION. expenditures, authorized as deemed requisite in performance of duties, . . vi for opinions, advice, etc., vi for plans, surveys, etc., vi for appraisals, audits, examinations, statistics, information, ..... vi for apparatus, instruments, books, tables, maps, drawings, ..... vi for supplies and sundries, vi for travel and incidental expense within and without the commonwealth, . . vi expenses to be annually appropriated by gen- eral court, ...... v repeal of certain sections relating to, . v fees, for certified copies, etc., to be paid into treasury of commonwealth, . . . v governor to appoint, ..... iii hearings, quorum necessary on contested mat- ters, etc., ...... v in and out of commonwealth, representa- tion of, . . . . . vi inspectors of, terms, etc. See INBPECTOBS. jurisdiction of, . . . . . .iii See also CONSTRUCTION OF ACT. Massachusetts highway commission, transfer of powers from, to. . . . . v membership to consist of five competent persons, ...... iii no more than three from the same political party, ...... iii qualifications and disabilities of, . . iii quorum, three members shall constitute, . v salaries, and expenses, . . . iii, v repeal of certain sections relating to, . v terms of office, length of, . . . . iii orders of, service, notification of receipt of, etc. See ORDERS. penalty, for divulging information secured for, ....... vii powers of. See below. See also CONSTRUC- TION OF ACT. railroad commission, name of, changed to, iii membership enlarged, .... iii recommendations of, to be entered of record, . v records, of all votes, recommendations and orders to be entered, v of common carriers, examination, produc- tion of, etc., ..... vii may prescribe form of, . . . . vii special power and duties. See below. See also the several TITLES in this index, superior court, jurisdiction in equity, etc., . ix application to, . . . . . ix supreme judicial court, jurisdiction in equity, ix, xvi to review, annul, modify or amend rulings or orders of, . . . . . . xvi travel, in and out of commonwealth, expendi- tures, . . . . . . vi vacancies in commission, when filled, new elec- tion for chairman, iii PUBLIC SERVICE COMMISSION Continued. Powers and Duties. accounts, audit of, etc. See ACCOUNTS. form of, classification, etc. See FORMS OF ACCOUNTS. approval, of issue of bonds, by. See BONDS. of issue of capital stock. See CAPITAL STOCK. of issue of evidences of indebtedness. See INDEBTEDNESS, EVIDENCES OF. of issue of notes. See NOTES. authority of. See CONSTRUCTION OF ACT. bonds, approval of, by, etc. See BONDS. capital stock, approval of, by, etc. See CAP- ITAL STOCK. common carriers, jurisdiction of, as to. See COMMON CARRIERS. electricity, transmission of, jurisdiction trans- ferred, . . . . . . iv, v electric power, instead of steam, may order, . xiv entry on premises of carriers by, or by author- ized agents, engineers, inspectors or examiners, . . . . .vii equipment of common carriers, inquiry into, by. See EQUIPMENT. inspection of, by. See EQUIPMENT. examination, of books, etc., of common carriers. See BOOKS. of state departments in making valuation. See BOOKS. indebtedness, evidences of, approval of, by. See INDEBTEDNESS, EVIDENCES OF. inquiry, into service, etc. See INVESTIGA- TIONS, SERVICE. inspection, by, of property, equipment, build- ings, ....... vii of plants, factories, power houses, offices, . vii of ducts, conduits, etc., . . . .vii use of locomotive, car or steamship for inspection service, . . . .vii interstate commerce commission, petitions to, by, vi forms of accounts of, followed by, . . vii interstate commerce law, violations of, prosecu- tion by, ...... vi investigations, of state highway commission, to be continued by, iv into regulations, practices, equipment, ser- vice, etc., ...... xiv notes, approval of, by, etc. See NOTES. railroad and railway lines, inspection of, etc., . vii rates, of common carriers, filing with, etc. See RATES. changes in, power of, etc. See RATES. regulation of service. See SERVICE. representation at public hearings, in and out of commonwealth, ..... vi service of common carriers, inquiry into, super- vision, etc. See SERVICE. switch connections, interchange track, etc., power to order. See THROUGH ROUTE. telephone and telegraph lines, jurisdiction of. See TELEPHONE LINES. See TELEGRAPH LINES. through route for passengers and freight, power to order. See THROUGH ROUTE. tickets, season, etc., form of, approval by, . xi transportation, free, of passengers or property. See FREE TRANSPORTATION. for charitable purposes, approval, etc. See FREE TRANSPORTATION. XXV111 INDEX TO PUBLIC SERVICE COMMISSION LAW. PUBLIC SERVICE COMMISSION Concluded valuation, revaluation, of property of carriers, by, ...... vii, viii votes, recommendations, etc., as to, shall be entered of record, . . . . v See also the various TITLES in this index. PUBLIC WATS. locations in, for switch connections. See THROUGH ROUTE. PUPILS. transportation of, at reduced rate. See RATES. PURPOSES. of funding floating debt. See BONDS, CAPITAL STOCK, INDEBTEDNESS, EVIDENCES OF, NOTES. R. RAILROAD. employees. See EMPLOYEES. examination of, inspection of, etc., . . vii may be mortgaged for payment of indebtedness, viii stations, inspection of, . . . . .vii RAILROAD COMMISSION. act to change name and enlarge membership of, iii hereafter to be called the public service com- mission, ...... iii RAILROAD CORPORATIONS. bonds, issue by. See BONDS. capital stock, issue by. See CAPITAL STOCK. evidences of indebtedness, issue by. See IN- DEBTEDNESS, EVIDENCES OF. jurisdiction of commission over. See PUBLIC SERVICE COMMISSION. notes, issue of, by. See NOTES. officers of, penalty for violation of certain sections, ...... x of other states or countries, issue of securities by or for, ...... ix See COMMON CARRIERS. See RATES. See SERVICE. RAILROAD LINES. electrification of, commission may order, . xiv inspection of, commission may have use of loco- motive, etc., ..... vii supervised and regulated by commission, . iv switch connections, etc. See THROUGH ROUTE. See EQUIPMENT. RAILWAY LINES. inspection of, supervised and regulated by commission, See COMMON CARRIERS. RATES. In General. certain, not to constitute discrimination, unless, charges, regulations, practices, equipment, serv- ices, of common carriers, inquiry into, . to be just and reasonable, .... unjust and unreasonable, unlawful, heretofore made deemed prima facie lawful, weight of evidence, ..... vii RATES Continued. commission may regulate and prescribe, . . xi common carriers may make, xi delegated authority from General Court not to prevent action, ..... xi just and reasonable, to be, etc. See CHARGES. division of, in connection with through routes. See THROUGH ROUTE. mileage, workingmen's, excursion, school or commutation passenger tickets, issued unless, ...... xi joint interchangeable mileage tickets may be issued, ...... xi special privileges as to amount of free bag- gage, ...... xi reduced rate tickets, for children under twelve, may be issued, ..... xi for pupils attending school, may be issued, . xi season tickets, subject to approval as to form and conditions, ..... xi Changes in Rates. changes, without notice, commission may allow for good cause, ..... xii may prescribe conditions, .... xii may suspend taking effect of changes, . xii notice to state changes proposed and time when effective, ...... xii thirty days' notice required, unless, . . xii to be plainly indicated on existing schedules, . xii new schedules may be printed and filed, . xii hearing, public, on complaint, etc., as to pro- posed changes, .... xii, xiii investigation may be made, . . .xii suspension of, taking effect of changes for not less than six months, .... xiii order may issue after hearing, . . . xiii burden of proof to show increase necessary, xiii power to determine just and reasonable min- imum rate, ..... xiii no charge lower than minimum without con- sent after hearing, .... xiii hearing on commissions' motion or complaint, . xiii determination, as to unjust, etc., rates, fares or changes, ..... xiii that regulations, etc., are unjustly discrim- inatory or unduly preferential, . . xiii that rates are insufficient to yield reasonable compensation, .... xiii are unjust or unreasonable, . . . xiii order fixing just and reasonable rates, etc., ....... xiii to be served upon common carriers, etc., . xiii observance of, by officers, agents and employees, ..... xiii carrier may charge less for longer than for shorter distances, . . . riii, xiv commission to determine and authorize, xiv may revoke such authorization, . . xiv Schedules of Rates. to be filed and printed, . . . xi open to public inspection, . . . xi to conform to forms and requirements of interstate commerce commission, . xi, xii to include conditions, limitations, rules and regulations, ..... xi to include forms of contracts or agree- ments, . . xi INDEX TO PUBLIC SERVICE COMMISSION LAW. XXIX RATES Concluded. no different rate, joint rate, fare, etc., to be de- manded, etc., . .... xii nor telephone rental, toll or charge, . . xii refunding of rates, etc., prohibited, . . xii rules, regulations, privileges and facilities to be uniform, ...... xii Telephone and Telegraph Companies. may continue to furnish service, etc., under existing contracts, . . . .xii not to collect different rentals, tolls, etc., from schedule, ...... xii schedules subsequently filed not to affect, . xii contracts terminable by notice, . . .xii commission may direct termination by order, when, . . ." . .xii REAL ESTATE. mortgage of, to secure bonds, . . . viii RECOMMENDATIONS. to be entered of record, v RECORDS. of commission, every vote, recommendation and order to be entered, v of state departments, access to, in making valua- tion, etc., of property of common carriers, viii of common carriers, may be examined, . vii may compel production of, etc., . . .vii witnesses as to, compelled to attend, . . vii forms of, may be prescribed, . . .vii to conform to interstate commerce forms, vii REDUCED RATE. service at, for employees, etc., . . . x, xi REFUNDING. indebtedness. See BONDS, CAPITAL STOCK, INDEBTEDNESS, EVIDENCES OF, NOTES. REGULATIONS. of common carriers, inquiry into, vi affecting rates. See RATES. affecting service. See SERVICE. REPEAL. of all acts and parts of acts inconsistent, etc., . xvi of certain laws as to issue of stock, bonds, etc., x of law for apportioning expenses, etc., of com- mission, ...... v of law for apportioning certain expenses of Massachusetts highway commission, . iv of provision that contested matters may be heard by one commissioner, ._ . v provisions of previous acts, etc., and rights ac- quired unrepealed, etc., . . . xvii REPRESENTATION. of commission at public hearings in or out of commonwealth, ..... vi before interstate commerce commission, vi REQUIREMENTS. affecting stock issues, supreme judicial, etc., courts may enforce, . . . . ix, x REVALUATION. of property of common carriers may be made, vii, viii access to books, etc., of state departments may be had, ..... viii REVIEW. of rulings of commission by supreme judicial court, . . . . . xvi procedure, . . . . . . xvi ROUTE. See THROUGH ROUTE. RULES. affecting rates. See RATES. s. SCHEDULES. of rates. See RATES. SCHOOL TICKETS. See RATES. SEAL. official, shall be judicially noticed, . documents and orders certified under, to be evidence, when, ..... SEASON TICKETS. form and conditions subject to approval of com- mission, ...... SERVICE. In General. of common carriers, inquiry into, use of locomotive, car or steamship in connec- tion with inspection, .... at reduced rates to employees, etc., free, for charitable purposes, to be approved by commission, ..... telephone and telegraph, at reduced rate to commonwealth, any city or town, unless, charges for. See RATES. of orders of commission. See ORDERS. Regulation after Hearing. inquiry into regulations, practices, equipment, service, etc., ..... action if unjust, unreasonable, unsafe, im- proper or inadequate, standard gauge lines to operate by electricity, commission may order, time for electrification may be prescribed, relative importance and necessity of changes to be considered, .... duty of common carriers to observe and obey requirements, ..... SERVICE, FREE. See FREE TRANSPORTATION. SERVICES. supervised and regulated by commission, . i STATES, OTHER. securities for use in. See BONDS, CAPITAL STOCK, INDEBTEDNESS, EVIDENCES OF, NOTES. vii x, xi xiv xiv XXX INDEX TO PUBLIC SERVICE COMMISSION LAW. STATIONS, RAILROAD. inspection of, commission may have use ot loco- motive, etc., ..... vii STATIONS, RAILWAY. inspection of, commission may have use of loco- motive, etc., . . . . vii STATISTICIANS. commission may appoint, salaries, . terms of office, etc., ..... STEAMSHIPS. jurisdiction of commission over, STOCKHOLDERS. may apply to supreme judicial court or superior court for jurisdiction in equity to enforce provisions of certain sections, vote of. See BONDS, CAPITAL STOCK, NOTES, INDEBTEDNESS, EVIDENCES OF. STREET RAILWAYS. jurisdiction of commission over, supervised and regulated by commission, SUBORDINATES. commission may appoint, salaries, . terms of office, etc., SUPERIOR COURT. jurisdiction in equity to enforce provisions of certain sections, ..... commission, attorney-general, any stock- holder may apply to, any interested party may apply to, . SUPREME JUDICIAL COURT. jurisdiction in equity to enforce provisions of certain sections, ..... commission, attorney-general, any stock- holder may apply to, .... any interested party may apply to, . jurisdiction in equity to review, annul, etc., rulings or orders, .... procedure prescribed by its rules, terms on which the order shall be stayed, petitioner's attorney to file certificate as to probable ground for appeal, etc., . double costs if petition not a fit subject for judicial inquiry, ..... burden of proof on party adverse to show order invalid, ..... proceedings to show order invalid to have preference, except, .... jurisdiction to enforce valid orders of com- mission, ...... proceedings for preventing threatened viola- tions of law, . . counsel of commission to act, subject to attorney-general, .... mandamus or injunction may issue, SWITCH CONNECTIONS. to secure through routes. See THROUGH ROUTE. XVI xvi xvi xvi xvi T. TELEGRAPH LINES. commissioner of corporations, jurisdiction over, transferred, ..... iv Massachusetts highway commission, jurisdic- tion over, transferred, iv use of, under existing contracts. See RATES. See COMMON CARBIERS. TELEPHONE LINES. commissioner of corporations, jurisdiction over, transferred, ..... iv Massachusetts highway commission, jurisdic- tion over, transferred, iv use of, under existing contracts. See RATES. See COMMON CARRIERS. TELEPHONE RENTALS. charges for. See RATES. THROUGH ROUTE. for passengers and freignt, may be ordered after notice and hearing, .... xiv hearing to be had upon complaint, . . xiv line, continuous or connecting, to be formed, xiv switch connection or interchange track at connecting points, . . . yiv, xv transfer of passengers and property, . . xv transportation of passengers, etc., operation of cars, etc., ..... xv power, to prescribe proportionate portions of rates payable, ..... xv to determine conditions of operation, etc., xv to grant locations for switch connections, etc., ....... xv responsibility of operation upon operating company, whatever ownership of cars, . xv private tracks, switch connections, with, . xv commission may order, when, . . xv may grant locations in public ways for, xv THROUGH TRANSPORTATION. See THROUGH RATE. TICKETS. forms of, etc., subject to approval, . . xi TICKETS, FREE. See FREE TRANSPORTATION. TIME. of taking effect of orders of commission. See ORDERS. TOLLS. charges for. See RATES. TOWNS. may receive telephone and telegraph service at reduced rates, ypless, xi TRAIN CREWS. insufficient to operate trains, changes may be ordered, ...... xiv TRANSIT RATES. See RATES. INDEX TO PUBLIC SERVICE COMMISSION LAW. XXXI TRANSPORTATION. of persons or property, under jurisdiction of commission, ..... TRAVEL. within and without the commonwealth, expen- ditures for, ..... TREASURER. of railroad corporation, penalty for violation of certain sections, ... TRUST COMPANY. to countersign bonds, coupon notes, . . i or other evidences of indebtedness, when, . i u. UNDULY PREFERENTIAL RATES. See RATES. UNJUST. rates. See RATES. practices affecting service. See SERVICE. UNREASONABLE SERVICE. See SERVICE. UNSAFE SERVICE. See SERVICE. V. VACANCIES. in commission. See PUBLIC SERVICE COM- MISSION. VALUATION. of property of common carriers, investigation, etc., of, . -. . . . vii access to books, documents, etc., of state departments, etc., .... viii revaluation of such property at any time, . viii VIOLATIONS. of provisions of act. See PENALTY. of interstate commerce law, proceedings, . . vi VOTE. of stockholders. See BONDS, NOTES, INDEBT- EDNESS, EVIDENCES OF. w. WITNESSES. required to give evidence, when, WORKINGMEN'S TICKETS. See RATES. GENERAL RAILBOAD AND RAILWAY LAW OF 1906, WITH ADDITIONAL AND AMENDING STATUTES. CHAPTER 463 OF THE ACTS OF 1906. AN ACT RELATIVE TO RAILROAD CORPORATIONS AND STREET RAILWAY COMPANIES. TART I. OF RAILROAD CORPORATIONS AND STREET RAILWAY COMPANIES. SECTION 1-4. Board of railroad commissioners. 5-20. General powers and duties of board. 21-22. Grade crossings. 23-28. Alteration of grade crossings. 29-45. Abolition of grade crossings. 46-48. Railroad and street railway re- lief corporations. 49-55. Railroad and street railway po- lice. 56-57. Inspection of equipment. SECTION 58. Railroad and street railway bridges. 59-60. Conditional sale of rolling stock. 61. Attachment of rolling stock. 62. Notice of accidents. 63. Penalty for loss of life. 64. Evasion of payment of fares. 65. Injury to signals. 66. Throwing missiles, etc. 67. Lease or purchase of franchise. BOARD OF RAILROAD COMMISSIONERS. [By the provisions of the Acts of 1913, chapter 784, section 1 (see below), the Board is to be hereafter called the Public Service Commission, and its membership is enlarged so as to consist of five competent persons.] SECTION 1 . There shall be a board of railroad commissioners, Railroad com- consisting of three competent persons, one of whom shall an- defte'. nually, before the first day of July, be appointed by the gov- iUg'loi'fi 1 ! ernor, with the advice and consent of the council, for a term of ^ 372 <5 three years from said day. The board shall have a clerk, who i87e!i85!3; shall be appointed by the governor, who shall keep a full and P.S.I 12, faithful record of its proceedings, and who shall serve such list, 334, 2. notices as the commissioners may require. The board may 9 i 4 ;2. 35 ' employ an assistant clerk, who shall perform such clerical and ^ 9 - ffi 8 other office work as the board may require, and who, in the JS2 2 ,?, 482 ' * i T i M- piii ( T i 153 Mass. 160. absence or during the disability or the clerk, may, it so directed Amended, see by the board, perform his duties. The board may employ an page 4. accountant, skilled in the methods of railroad accounting, who swVwsi'rw, shall, under its direction, supervise the method by which the lossiaTs'.gs. accounts of corporations operating railroads or street railways PART I. RAILROADS AND STREET RAILWAYS. are kept. 'The board may from time to time, if in its opinion it is necessary, appoint competent railroad and railway inspec- tors, not exceeding one for every [one thousand] seven hundred and fifty miles of railroad and railway track, each for a term of three years, and may for cause remove any such inspector and appoint another in his place. An appointment to fill a vacancy shall be for the residue of the unexpired term. The board shall appoint one or more competent experts to examine the reports required by section fifty-eight, and may, whenever in its opinion the public interests require, in connection with any proposed issue of stock or bonds by a railroad corporation or street railway company, employ competent experts to investi- gate the character, cost and value for railroad or railway pur- poses of the property of such corporation or company. The commissioners and clerks shall be sworn before entering upon the performance of their duties, and shall not be in the employ of or own stock in a railroad corporation or street railway company, nor shall they personally, or through a partner or agent, render any professional service or make or perform any business contract with or for a railroad corporation or street railway company chartered under the laws of this common- wealth, except contracts made with them as common carriers, nor shall they, directly, or indirectly, receive a commission, bonus, discount, present or reward from any such corporation or company. Acts of 1913, Chapter 784, 1-5. Board of SECTION 1. The board of railroad commissioners, existing under missio^nera, 111 " authority of section one of Part I of chapter four hundred and sixty- toubiic anged three of the acts of the year nineteen hundred and six, shall hereafter be called the public service commission, hereinafter in this act called the commission, and its membership shall be enlarged so as to consist of five competent persons, hereinafter collectively called commissioners and individually referred to as commissioner, with the qualifications and disabilities in said act and this act prescribed. Upon the taking effect of this act the governor, with the advice and consent of the council, shall appoint two members in addition to the members of the board at that time and shall, notwithstanding the term for which any member of the board may have been heretofore appointed and the date of the expira- tion thereof, designate the terms of all of said members so that one mem- ber shall be appointed for five years, one for four years, one for three years, one for two years, and one for one year from the first day of July next. Thereafter, one member of the commission shall annually, before the first day of July, be appointed by the governor, with the advice and consent of the council, for a term of five years from said date. Whenever a new appointment is made, or whenever any vacancy in the commission is filled, the commissioners shall meet and choose one of their number as chairman. The chairman shall be paid an annual salary of eighty-five hundred dollars, and each of the other commissioners shall receive an annual salary of eight thousand dollars. Not more than three commis- sioners shall be appointed from the same political party. SECTION 2. The commission shall, so far as may be necessary for the purpose of carrying out the provisions of this or any other act, have gen- eral supervision and regulation of, and jurisdiction and control over, the following services, when furnished or rendered for public use within the to pi service com- mission, and membership enlarged. Duties of the commission. PART I. RAILROADS AND STREET RAILWAYS. O commonwealth, and all persons, firms, corporations, associations and joint stock associations or companies, hereinafter in this act collectively called common carriers and severally called a common carrier, furnishing or rendering any such service or services : a. The transportation or carriage of persons or property, or both, between points within the commonwealth by railroads, street railways, hereinafter called railways, electric railroads, and steamships, including express service and car service carried on upon or rendered in connection with such railroads, railways, electric railroads or steamships. 6. The operation of all conveniences, appliances, facilities or equip- ment utilized in connection with, or appertaining to, such transportation or carriage of persons or property or such express service or car service, by whomsoever owned or by whomsoever provided, whether the service be common carriage or merely in facilitation of common carriage. c. The transmission of intelligence within the commonwealth by elec- tricity, by means of telephone lines or telegraph lines or any other method or system of communication, including the operation of all conveniences, appliances, instrumentalities, or equipment utilized in connection there- with or appertaining thereto. SECTION 3. Sections twenty-four and twenty-seven of chapter one R. L. 109, hundred and nine of the Revised Laws are hereby amended by substitut- | m ended? 27> ing for the words "commissioner of corporations", and for any other word or words intended to designate said commissioner of corporations in each of said sections, whenever any jurisdiction is conferred with respect to corporations established for and engaged in the business of transmitting intelligence by electricity, the words: public service commission. Chapter four hundred and thirty-three of the acts of the looe, 433, year nineteen hundred and six is hereby amended by substituting in place amended - of the words "Massachusetts highway commission", and any other word or words intended to designate the Massachusetts highway commission wherever used in said act, the words: public service commission, and said act is further amended by repealing section three thereof. Nothing Not to affect in this act shall affect the compensation at present paid to the members of^ss^chu- of the Massachusetts highway commission. s 6 " 8 highway . . f . . . -A- j- i commission. SECTION 4. Any investigation, examination, proceeding or appeal Anyinvesti- undertaken. begun or instituted by or before the Massachusetts highway P tion i et Sv . >ii i begun by Mas- commission m connection with the supervision of companies engaged in sachusetts the transmission of intelligence by electricity prior to the taking effect commission of this act, may be conducted and continued to a final termination by tpbecon- .... " tinued, etc., the public service commission, in the same manner, under the same by public terms and conditions, and with the same effect as though the jurisdiction c^mmtssion. of the Massachusetts highway commission over such matters had not been terminated; but no order or ruling heretofore made by said last mentioned commission and then in force shall be invalidated by the taking effect of this act. This act shall not affect pending actions or pro- pending ceedings, civil or criminal, brought by or against the Massachusetts Inflected highway commission; but the same may be prosecuted or defended in etc. the name of the public service commission: provided, that the subject- Proviso. matter thereof is within the statutory jurisdiction of said public service commission. And this act shall not release or waive any right or penalty which may have arisen or may have been incurred, nor shall any right or penalty created or enforceable under this act be a bar to or affect any recovery or indictment for such right or such penalty. SECTION 5. Upon the taking effect of this act the Massachusetts Massachusetts highway commission shall transfer and deliver to the commission all commission to books, maps, papers, files and records in its possession relating to the Certain*' etc " supervision of all companies engaged in the transmission of intelligence records, etc., PART I. RAILROADS AND STREET RAILWAYS. commission 6 ^Y electricity, and the commission is hereby authorized to take possession Certain of all such books, maps, papers, files and records. Upon the taking effect ^transferred ^ tn ^ s act ever y officer or employee subordinate to or under the control etc- of or connected with the Massachusetts highway commission whose sole duty or exclusive employment relates to or has reference to the super- vision of companies engaged in the transmission of intelligence by elec- tricity shall become subordinate to or be transferred to the control of the commission in the same manner as if he were appointed under section nine of this act. Acts of 1911, Chapter 681. An Act relative to the Appointment of Railroad and Railway Inspectors by the Board of Railroad Commissioners. Part'/Ti Section one of Part I of chapter four hundred and sixty-three of the amended. ' acts of the year nineteen hundred and six is hereby amended by striking out the words "one thousand", in the nineteenth and twentieth lines, and inserting in place thereof the words : seven hundred and fifty. [Approved July 15, 191 1. Acts of 1911, Chapter 214. An Act to authorize the Board of Railroad Commissioners to employ the Engineer of Grade Crossings appointed by the Attorney- General. The board of railroad commissioners is hereby authorized to employ the engineer of grade crossings appointed under the provisions of section one of chapter three hundred and seventy-two of the acts of the year nineteen hundred and eight, upon engineering work, to such extent as the board may deem expedient: provided, however, that such employment shall not interfere with the duties required of said engineer by said section. The board shall determine the cost of such services upon the basis of the annual compensation received by the said engineer under the provisions of the said section, and shall pay to him the amount so determined, which amount shall be deducted from such annual compensation. [Approved March 28, 1911. Acts of 1907, Chapter 245. An Act relative to the Exemption from the Civil Service Rules of the Experts and Inspectors of the Railroad Commissioners. 1906,463, SECTION 1. The positions of experts and railroad and railway in- R. L. 19, 6,7. spectors provided for in section one of chapter four hundred and sixty- fwV*7sJ' 9 three of the acts of the year nineteen hundred and six shall be exempt from classification by the civil service commission unless the said com- mission with the approval of the governor and council shall hereafter so classify the same under the authority given them by chapter nineteen of the Revised Laws and acts in amendment thereof and in addition thereto. SECTION 2. This act shall take effect upon its passage. [Approved March 25, 1907. Acts of 1913, Chapter 784, 9. 1907, 245, to SECTION 9. ... The provisions of chapter two hundred and forty- apply, when. g ve Q ^ e ac ^ g o j ^j ie vear nme t een hundred and seven, relative to experts and inspectors of the commission, shall apply to the appointment, em- ployment or continuance in office of any officer or employee of the com- mission whose salary or compensation is in excess of twelve hundred dollars per annum. . . . Salary of com- [SECTION 2. The annual salary of the chairman of the board derks, n ltc! shall be five thousand dollars, that of the other commissioners PART I. RAILROADS AND STREET RAILWAYS. O four thousand dollars each, of the clerk twenty-five hundred j|||' ^j|' 5 8 - dollars, of the assistant clerk not more than twelve hundred SJ,^ 1 77 6 dollars, and of each railroad and railway inspector two thou- is?*; 372; 17. sand dollars, payable by the commonwealth. The commis- 1379! 257', i.' sioners shall be provided with an office in the state house, or i885, 119, m.' in some other suitable place in the city of Boston, in which ilg^Ias;!?: their records shall be kept. In the performance of their offi- H^loe! cial duties, they shall be transported over the railroads and jf^'ni 59 railways in this commonwealth free of charge, and may em- 1902,402! ploy and take with them experts or other agents whose serv- Superseded ices they consider temporarily of importance. The board may latg'.ejti. expend not more than forty-five hundred dollars annually in f */'/**' procuring necessary books, maps, statistics and stationery and in defraying expenses incidental and necessary to the perform- ance of its duties, and not more than twenty-five hundred dollars annually in defraying the compensation of an account- ant. A statement of such expenditures shall accompany its annual report.] Section 2. The annual salary of the chairman of the board {, 90( M^ of railroad commissioners shall be six thousand dollars, and that amended. of the other commissioners five thousand dollars each; of the clerk, three thousand dollars; of the assistant clerk, eighteen hundred dollars; and of each railroad and railway inspector, two thousand dollars; payable by the commonwealth. The commissioners shall be provided with an office in the state house or in some other suitable place in the city of Boston, in which their records shall be kept. In the performance of their duties they shall be transported over the railroads and railways of this commonwealth free of charge, and may take with them experts and other agents whose services they consider temporarily of importance. The board may expend annually such sum as the general court may from year to year appropriate in procuring necessary books, maps, statistics and stationery, and in defraying expenses incidental and neces- sary to the performance of its duties, and not more than twenty- five hundred dollars annually in defraying the compensation of an accountant. A statement of such expenditures shall accom- pany its annual report. Acts of 1913, Chapter 784, 9. . . . The commission may appoint or employ such engineers, ac- countants, statisticians, bureau chiefs and division heads, assistants, inspectors, clerks, and other subordinates as it may deem advisable, on such terms of office or employment and at such salaries as it may deem proper. . . . [SECTION 3. The sums of money annually appropriated by Apportion- the general court for the salaries and expenses of the board of salaries, eta. railroad commissioners, its clerks and employees, shall be ap- illl; 40!; 9! portioned by the tax commissioner among the several railroad j 8 ^; 372> corporations and street railway companies, and on or before the ^j'lf^'ih first day of July in each year he shall assess upon each of said i|J7. 334, 4. corporations and companies its share of such sums in proper- 1894,' 535,' s. PART I. RAILROADS AND STREET RAILWAYS. it!?' I' 4 ti n to its gross earnings from the transportation of persons 1904' 429' 1 ' an< ^ P r P er ty for the last preceding year in which the assess- see 1912,' 496. ment is made; and such assessments shall be collected in the Repealed, 1913, 784, s. same manner as taxes upon corporations.] offiSrtS, [SECTION 4. Of the amount so assessed and collected any balance cai-ned' balance remaining on the thirtieth day of November in any 1904,429. year shall be carried forward to the next year, and shall be 1913^784, s. taken into account in making the appropriation for that year.] Acts of 1913, Chapter 784, 8. Salaries and SECTION 8. The commission may expend for the salaries and expenses 1906, 463, authorized hereby and by other provisions of law, such amount as the Repeated. 3 ' 4 ' general court shall annually appropriate. Sections three and four of Part I of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six are hereby repealed. GENERAL POWERS AND DUTIES OF BOARD. A^miai^eport. SECTION 5. The board shall make an annual report, which 3,' 11. ' shall be transmitted to the secretary of the commonwealth, on 1874! 372! ' or before the first Wednesday in January, and be laid before P! s! ii2, 15 ' the general court. The report shall include such statements, R! if'm.^fii. facts and explanations as will disclose the actual working of fji^fj*' the system of railroad and railway transportation in its bear- 191' fsr' 696; * n & u P on the business and prosperity of the commonwealth, such suggestions as to its general railroad and railway policy, or any part thereof, or the condition, affairs or conduct of any railroad corporation or street railway company, as may seem to it appropriate, such tables and abstracts of all the returns required to be made by a corporation or company, as it considers expedient, and a report of any proceedings taken under the provisions of section nine. Revised Laws, Chapter 9, 7. >\ic SECTION 7. There shall be printed annually, before the assembling documents. . 1857, 40, 2. of the general court or as soon thereafter as possible, the number of 1863, til. 2 ' copies of documents and reports hereinafter specified, the same to be 1876, 178. numbered in a series to be called public documents. Said reports shall i.'s. be as brief as possible without omitting any facts or information required iiso! 193! i! by law to be contained therein. [No maps, plans, photogravures, wood p 88 g'f 9 5' 7 i. cu t s or other pictorial illustrations shall be introduced unless specially 1885, 369. " authorized by the general court or either branch thereof or, if the cost ISM! 39s! I 7'. does not exceed five hundred dollars, with the previous approval of the 1897* 243' secretary of the commonwealth, acting as supervisor of state printing, 1901 ! 257! and of the auditor of accounts; but said reports may include abstracts or part See compilation of the statutes relative to the subject matter of the respec- ITf'n- 8 ' ^ ve re P r t s -l They shall be transmitted to the general court through loos, 138. the office of the secretary of the commonwealth. No more copies than is 371, ' s'. herein provided for shall be printed at the expense of the commonwealth ian' 43 8 ' or k e P a id for out of any contingent fund, or out of the earnings of any department or institution which are the property of the commonwealth; and no bill for printing any larger number shall be approved by the auditor or paid out of any funds belonging to the commonwealth. PART I. RAILROADS AND STREET RAILWAYS. < Of the board of railroad commissioners, four thousand two hundred ^-Jg^ and fifty copies, of which two thousand two hundred and fifty copies is??', 248, i. shall be bound without returns. 1880 ; 193 ; 1 1 ; P. S. 4, 7. 1889, 440, 7. 1894, 393, 7. [Repealed by 1905, 138.] 1881, 293, 1. Acts of 1902, Chapter 438, 4, 7. SECTION 4. All boards or commissions before entering upon the prep- NO report to aration of any publication shall submit to the state board of publication ^tSountoe careful statements of the scope, and estimates of the size, of such pub- approval of lication. The said board shall have power to determine the number of boarVo? pages to which any such report may extend, and to determine whether P ublicatlon - it shall include maps, plans, photogravures, woodcuts or other illustra- tions; and no such report shall be printed unless it bears the certified approval of the state board of publication. SECTION 7. Sections ten and eleven of chapter one hundred and Repeal, seven of the Revised Laws, section six of chapter nine of the Revised Laws, and so much of section seven of said chapter as refers to maps, plans, photogravures, woodcuts or other pictorial illustrations, are hereby repealed. Acts of 1905, Chapter 138. An Act relative to the Number of Copies of the Annual Report of the Board of Railroad Commissioners. SECTION 1. There shall be printed annually forty-five hundred copies Report of of the annual report of the board of railroad commissioners, of which rad d c om- ail ~ twenty-two hundred and fifty shall be bound without returns. missioners. SECTION 2. So much of section seven of chapter nine of the Revised Repeal. Laws, relating to the number of copies of the annual report of the board of railroad commissioners as is inconsistent herewith is hereby repealed. [Approved March 7, 1905. Acts of 1913, Chapter 784, 9. SECTION 9. The commission may appoint a counsel to the commission, Counsel, and such attorneys as it may deem advisable, for such terms of office or I^P 011 employment and at such salaries as it may deem proper, who shall in the conduct of litigation and court proceedings act under the direction of the attorney-general. . . . The commission may expend such sums to Expenses for procure opinions, advice, plans, surveys, appraisals, audits, examinations, travel > etc - statistics, information, apparatus, instruments, books, tables, maps, drawings, supplies and sundries, and for travel within or without the commonwealth and expense incidental thereto as it may from time to time deem requisite in the performance of its duties. The commission may, from any appropriations authorized by the general court for the use of the commission, expend such sums as it deems necessary in the performance of its duties under the provisions of this act. . . . The commission may assign to all officers and employees by it appointed or employed such functions and such rank as it shall from time to time deem advisable; but everything done by any such officer or employee shall be subject to the control of, and revision by, the commission. The Compilation commission may from time to time cause to be made a compilation of j statutes 3 the statutes of this commonwealth relating to common carriers, with relating to , ,. common annotations. carriers. Acts of 1905, Chapter 211, 1. SECTION 1. The fiscal year of all offices, departments, boards, com- The fiscal missions, hospitals, asylums, charitable, penal and reformatory institu- common- the s PART I. RAILROADS AND STREET RAILWAYS. wealth to begin De- cember 1, etc. Duties of board. 1869, 408, 2, 5. 1874, 372, P.S. 112, R. L. Ill, 1906, 267. [Op. A. G 638.] See 1908, 1911, 290. 14 To increase the powers of the board of railroad commissioners. To order reasonable regulations concerning the just and adequate facilities for transportation, etc. tions of the commonwealth shall begin with the first day of December and end with the following thirtieth day of November, and all books and accounts therein shall be kept by fiscal years as herein established, and the annual reports of all officers, trustees, boards and commissions, except the report of the insurance commissioner and except those reports otherwise provided for in this act, shall be made to the governor and council, or to the general court, as now required by law, except that they shall be made on or before the third Wednesday in January, anything in any general or special statute now existing to the contrary notwith- standing. . . . SECTION 6. The board shall have the general supervision of all railroads and railways, and shall examine the same; and the 7. commissioners shall keep themselves informed as to the condi- tion of railroads and railways and the manner in which they are operated with reference to the security and accommoda- tion of the public, and as to the compliance of the several railroad corporations and street railway companies with their charters and the laws of this commonwealth. The board may from time to time require railroad corporations and street rail- way companies to install and maintain at such places upon the railroad or street railway premises as it shall designate such block or other signals or devices as it shall approve for the purpose of safeguarding public travel. The supreme judi- cial court shall have jurisdiction in equity to enforce compli- ance with any order issued by the board under authority of this section. Acts of 1911, Chapter J755. An Act to increase the Powers of the Board of Railroad Commissioners. SECTION 1. Whenever the board of railroad commissioners, herein- after called the board, shall be of opinion, after a hearing had upon its own motion or upon complaint, that the rates, fares or charges or any of them, demanded, exacted, charged or collected by any person, firm, asso- ciation, company or corporation now or hereafter subject to its juris- diction, and hereinafter called a carrier, for the transportation of persons or property within the commonwealth, or the regulations or practices of such carrier affecting such rates, are unjust, unreasonable, unjustly dis- criminatory or unduly preferential or in any wise in violation of any pro- vision of law, or that the rates, fares or charges or any of them charge- able by any such carrier are insufficient to yield reasonable compensation for the service rendered, and are unjust and unreasonable, the board, with due regard among other things to a reasonable return upon the value of the carrier's property, shall determine the just and reasonable rates, fares and charges to be charged for the service to be performed, and shall recommend the same by order to be served upon such carrier. SECTION 2. Whenever the board shall be of opinion, after a hearing had upon its own motion or upon complaint, that the regulations, prac- tices, equipment, appliances or service of any such carrier in respect to transportation of persons or property within the commonwealth are un- just, unreasonable, unsafe, improper or inadequate, the board shall determime the just, reasonable, safe, adequate and proper regulations, practices, equipment, appliances and service thereafter to be in force, to be observed and to be used in such transportation of persons and property, and shall recommend the same by order to be served upon such carrier. PART I. RAILEOADS AND STREET RAILWAYS. 9 SECTION 3. Rates and facilities fixed and determined by statute shall ^^^ not be revised or regulated by the board. SECTION 4. The board shall have all powers necessary or proper to Powers of the enable it to carry out the provisions of this act. It shall have authority c ir ' etc ' to employ such experts and other assistants as it shall deem wise in exam- ining into the rates, facilities and financial condition of any carrier. It may expend not more than five thousand dollars annually for the salary and expenses of an accountant, and may expend such further sums each year as are appropriated by the legislature. SECTION 5. The attorney-general, either in person or by one of his The attorney- assistants, shall not only advise the board and act as its counsel upon its Idvtsethe request, but shall also appear before the board in any matter, either upon board, his own motion or at the request of any individual, when in the opinion of the attorney-general or of the board the interests of the commonwealth or the public demand. SECTION 6. Any investigation, inquiry or hearing which the board investigation has power to undertake or to hold may be undertaken or held by or before Amended^' any commissioner, and decisions of the board and every order made by a 19I3> 78 *' 5 6 ~ commissioner, when approved and confirmed by the board and ordered filed in its office, shall be and be deemed to be the order of the board. Every order of the board shall continue in force unless the same shall be limited, suspended, modified or set aside by the board or shall be suspended or set aside by any court of competent jurisdiction. SECTION 7. Nothing in this act shall be construed as limiting the The powers of powers of the board to act under section nine of Part I of chapter four {^^J^" 1 not hundred and sixty-three of the acts of the year nineteen hundred and six. SECTION 8. This act shall take effect upon its passage. [Approved July 28, 1911. [See 1911, 755, 6, above.] Acts of 1913, Chapter 784, 6. SECTION 6. Three members of the commission shall constitute a Quorum, quorum. No contested matter upon which a public hearing by said amended 5 ' * ' commission is required by law shall be heard or decided by less than a quorum of the commission. So much of section six of chapter seven hundred and fifty-five of the acts of the year nineteen hundred and eleven as authorizes a hearing upon a contested matter to be held before one commissioner, and an order in any such matter made by one commis- sioner to be confirmed by the commission with the same effect as an order of the commission, is hereby repealed. Acts of 1913, Chapter 784, 23. SECTION 23. Whenever the commission shall be of opinion, after a Hearings upon hearing had upon its own motion or upon complaint, that the regulations, service - etc - practices, equipment, appliances or service of any common carrier, now or hereafter subject to its jurisdiction, are unjust, unreasonable, unsafe, improper or inadequate, the commission shall determine the just, reason- able, safe, adequate and proper regulations and practices, thereafter to be in force and to be observed, and the equipment, appliances and service thereafter to be used and shall fix and prescribe the same by order to be served upon every common carrier to be bound thereby. The commission shall have power after such a hearing to order from time to time that a railroad company shall operate its lines, of standard gauge, or such parts thereof as the commission shall prescribe, by electric power instead of by steam power, and in its order shall prescribe the time within which the work of electrification shall be done. Before making such order, the 10 PART I. RAILROADS AND STREET RAILWAYS. Hearings upon service, etc., in respect of certain steamship and express companies. 1903, 173. 1904, 265. 1906, 266. SOI Mass. 579. See 1908, 699, page 16. Discrimina- tion by carriers forbidden. 1869, 252, 1. P. S. 73, 1. Penalty. 1869, 252, 2. P. S. 73, 2. General agent for foreign expresses. 1871, 371, 1. P. S. 73, 3. 1884, 330. 196 Mass. 603, commission shall consider the relative importance and necessity of the changes in any specific regulations, practices, equipment and appliances proposed to be included therein and of other changes which may be brought to its attention in the course of such hearing, the financial ability of the carrier to comply with the requirements of the order, and the effect of the carrier's compliance therewith, upon its financial ability to make such other changes, if any, as may be deemed by the commission of equal or greater importance and necessity in the performance of the service which the carrier has professed to render to the public. It shall be the duty of every such common carrier to observe and obey every requirement of every such order so served upon it, and to do everything necessary or proper in order to secure absolute compliance with and observance of every such order by all its officers, agents and employees. SECTION 7. The board shall, in respect of steamship com- panies serving as common carriers throughout the year between two or more ports of this commonwealth, perform the same du- ties, including the regulation of rates for transporting freight or passengers, and including other matters affecting the security or convenience of the public, which the said board is now or may hereafter be empowered to perform in the case of railroads or railways. The board may, upon the complaint of any party interested, exercise over express companies, firms and persons doing an express business upon railroads or railways in this commonwealth supervisory powers with regard to the character of accommodations and service furnished, and the reasonable- ness of rates charged. Revised Laws, Chapter 70. OF COMMON CARRIERS AND EXPRESS COMPANIES. SECTION 1. Every common carrier of merchandise or other property shall receive, transport and forward all property offered for such purposes by other such carriers as promptly, faithfully and impartially, at as low rates of charge, and in a manner and on terms and conditions as favorable to the carrier offering such property, as he on the same day and at the same place receives, forwards and transports, in the ordinary course of business, property of a like description offered by persons other than such carriers. Such carrier shall not discriminate against any particular person or corporation or subject him or it to any undue or unreasonable prejudice or disadvantage. The supreme judicial court or the superior court shall have jurisdiction in equity to enforce the provisions of this section. SECTION 2. Every such carrier who wilfully neglects or refuses to comply with the provisions of the preceding section shall forfeit for every offence not less than fifty nor more than five hundred dollars, to the person offering the property for transportation. SECTION 3. Every association of persons who are not inhabitants of this commonwealth which does an express business herein shall in writing appoint a person, who is a citizen and a resident thereof, to be a general agent, upon whom all lawful processes against such persons may be served with like effect as if served on said persons; and said writing or power of attorney shall contain an agreement on the part of the persons making the same that the service of any lawful process against it or them on said general agent shall be of the same legal force and validity as such service on said persons or any of them. The power of attorney shall be PART I. RAILROADS AND STREET RAILWAYS. 11 filed in the office of the secretary of the commonwealth, and copies certi- fied by him shall be taken as sufficient evidence and proof thereof. Such agency shall be continued so long as such express business is done in this commonwealth, and the power of attorney shall not be revoked until a similar power is given to another person and filed as aforesaid. SECTION 4. Such general agent shall give bond to the treasurer and General agent i LilT j u u- for foreign receiver general, with one or more sureties to be approved by him, in expresses the sum of two thousand dollars, conditioned that he will accept service ^7^371^2. of all lawful process against his principal. ise Mass, eos, 627. P. s. 73, 4. SECTION 5. No person shall act for more than thirty days as such Penalty on general agent unless the provisions of the two preceding sections have dUflnqSent been complied with; and whoever so acts without such compliance shall 5o? 1 pa 3 n 7 3 i 53 forfeit not more than five hundred dollars for each offence. p. s/73, 5. ' SECTION 6. If the proprietor of a steamboat or stage coach or a Remedy for common carrier of passengers, except a railroad corporation or street common Ce f railway company, by reason of his or its negligence, or by reason of the jl^ 6 unfitness or gross negligence or carelessness of his or its servants or agents, G. s.'ieo, 34. causes the death of a passenger, he or it shall be liable in damages in the if^'s, 9 !; sum of not less than five hundred nor more than five thousand dollars ? 3 -^;J^ * ?: 8 which shall be assessed with reference to the degree of culpability of the 144 Mass! 425! proprietor or common carrier liable, or of his or its servants or agents, J|| MMS'. STL and shall be recovered in an action of tort, commenced within one year after the injury which caused the death, by the executor or administrator of the deceased, one-half to the use of the widow and one-half to the use of the children of the deceased ; or, if there are no children, the whole to the use of the widow; or, if there is no widow, the whole to the use of the next of kin. SECTION 7. Whoever, with intent to defraud or injure in his business Protection a person licensed by any city or town as a carrier of goods for hire, takes of carriers 8 from the order box of such carrier or effaces or destroys any order to or 1895> 48L direction for such carrier to call for and receive goods to be transported by such carrier, or appropriates any such order or direction or makes use of the information derived therefrom for the purpose of executing the same, or for the purpose of transporting any goods or receiving the hire therefor, shall be punished by a fine of not more than twenty-five dollars. SECTION 8. The provisions of sections two hundred and thirty-three, Provisions two hundred and forty-one and two hundred and sixty-nine of chapter i894,469!' 4. one hundred and eleven shall apply to steamboat lines within the com- part'n 63 ' monwealth and to persons who are engaged or who desire to engage in 189/197. the express business thereon. M^, igoe, 463, Part 77, 189, 197, 46. SECTION 8. If, in the judgment of the board, a railroad cor- Board to poration or street railway company has violated a law, or neg- an^on^r" lects in any respect to comply with the terms of the act by UTO; 307', I' which it was created or with the provisions of any law of this p 87 s 4 'n 7 2% it. commonwealth, it shall give notice thereof in writing to such corporation or company; and thereafter, if such violation or neglect continues, shall forthwith present the facts to the attor- ney-general for his action. Acts of 1913, Chapter 784, 26. SECTION 26. Every order of the commission shall be served upon Orders of the every person or corporation to be affected thereby, either by personal how'served! delivery of a certified copy thereof, or by mailing a certified copy thereof, 12 PART I. RAILROADS AND STREET RAILWAYS. in a sealed package with postage prepaid, to the person to be affected thereby or, in the case of a corporation, to any officer or agent thereof upon whom a summons may be served under the laws of this common- Acknowiedg- wealth. It shall be the duty of every person and corporation to notify ment of receipt .-, f ,, .-, ... ,. ., , / ,1 _L-C i of orders. the commission forthwith, m writing, of the receipt 01 the certified copy of every order so served, and in the case of a corporation such notification shall be signed and acknowledged by a person or officer duly authorized e\c Ceptance> ky ^ ne corporation to admit such service. Within a time specified in the order of the commission every person and corporation upon whom it is served shall, if so required in the order, notify the commission in like manner whether the terms of the order are accepted and will be obeyed. Every order of the commission shall take effect at a time therein specified and shall continue in force either for a period which may be designated therein or until changed or abrogated by the commission. ^cessaiy SECTION 9. If the board is of opinion that repairs are neces- i869, r 408? 3. sai T upon any railroad or railway, or that an addition to its p 8 s 4 'n 7 2 2 ' is ro ^ m g stock, or an addition to or change or relocation of its R^L- in, is. stations or station houses or waiting rooms, or a change in its Ammdedby ' rates of fares for transporting freight or passengers, or in the mode of operating its railroad or railway and conducting its business, is reasonable and expedient in order to promote the security, convenience and accommodation of the public, it shall in writing inform the corporation or company of the improve- ments and changes which it recommends should be made. Acts of 1901, Chapter 330. An Act relative to the Powers and Duties of the Board of Railroad Com- missioners. dutTesof nd SECTION 1. All general laws defining the powers and duties of the board of rail- board of railroad commissioners in reference to the stations and premises sio a ners > to mis of railroad companies, and to the operation of trains in connection there- station of with, shall, except as otherwise provided in chapter 516 of the year eighteen Boston hundred and ninety-six, be applicable to the station and premises of the Company, etc. Boston Terminal Company, and to the operation of trains in connection therewith. SECTION 2. This act shall take effect upon its passage. Acts of 1903, Chapter 381. An Act relative to the Laying out and Construction of Northern Avenue and Sleeper Street in the City of Boston. Laying out SECTION 1. . Said a venue and street shall be highways : provided, and construct- . , . .. . . , , ., , ing of Northern however, that the manner of constructing and operating the railroad Sleeper street track in and across the same, and the highway traffic and travel upon in Boston. an d other uses of Northern avenue shall be regulated and the location of tracks along said avenue and street shall be determined by the board of railroad commissioners, who, having due regard to the intent and purpose hereof, shall in writing from time to time prescribe the regula- tions, and may change or modify the same. PART I. RAILROADS AND STREET RAILWAYS. 13 Acts of 1909, Chapter 343. An Act to authorize the Board of Railroad Commissioners to recommend Relocations of Stations of Railroad Corporations and Street Railway Companies. Section nine of Part I of chapter four hundred and sixty-three of the leoe, 463, acts of the year nineteen hundred and six is hereby amended by inserting Amended 9> after the word "change", in the third line, the words: or relocation, See_i9ii', so as to read as follows: Section 9, [For 9 as amended, see above.] rs ' 7 ' SECTION 10. Upon the application of the board of aldermen Examination of a city or the selectmen of a town within which a part of any [ road! tlon railroad or railway is located, alleging grounds of complaint, Jf ^ |f | \ Q the board shall examine the condition and operation of such ?' 112, 17. 1 i e i ... . . lv. L. HI. 8 1. railroad or railway; and it, upon the petition in writing ot 1004, 357, 2. twenty or more legal voters in such city or town to the board of aldermen or selectmen to make such application, they refuse so to do, they shall indorse upon the petition the reason of such refusal, and return it to the petitioners, who may, within ten days thereafter, present it to the board, and it may thereupon make such examination as if called upon by the board of alder- men or the selectmen, first giving to the petitioners and to the corporation or company reasonable notice in writing of the time and place of making such examination. If, upon such examina- tion, it appears to the board that the complaint is well founded, it shall so adjudge, and shall in writing inform the corporation or company which operates such railroad or railway of its ad- judication. SECTION 11. The board shall investigate the causes of any investigation accident on a railroad or railway which results in loss of life; ism, 408, | u. and of other accidents which, in its judgment, require investiga- Jf^ 1 372 V'n tj nn P. s! 112', is! tlon - . . . R. L. in, 17. SECTION 12. An employee may make complaint in writing Complaints by to the board of a defect in the ways, works, machinery or ap- i894,535?' e. pliances of a railroad or railway, and the name of the com- R 89 ^ m', f ? 8 . plainant shall not be divulged. SECTION 13. Every railroad corporation and street railway information company shall, upon request, furnish to the board any informa- railroads and tion which may be required by it relative to the condition, man- fs^oNos'lTe. 8 agement and operation of the railroad or railway, and copies of p 87 g' ^f ; | }^ all leases, contracts and agreements for transportation with ex- R. L- m, 19. press companies or otherwise to which such corporation or com- pany is a party, and also with the rates for transporting freight and passengers upon its railroad or railway and other railroads or railways with which its business is connected. SECTION 14. No request or advice of the board shall in any Effect of manner impair the legal duties and obligations of a railroad board 60 corporation or. street railway company or its legal liability for K I?!; | il the consequences of its acts or of the neglect or mismanagement _ f; \\l' t 1 jg; of any of its agents or servants. 14 PART I. RAILROADS AND STREET RAILWAYS. Annual exam- ination of books and accounts. 1876, 185, 2. P. S. 112, 21. R. L. Ill, 21 Other exam- inations of books and financial con- dition. 1876, 185, 4. P. S. 112, 22. R. L. Ill, 22. SECTION 15. The board shall from time to time in each year examine the books and accounts of every corporation or com- pany which operates a railroad or railway, and require them to be kept in a uniform manner and upon the system prescribed by the board. Statements of the doings and financial condition of the several corporations and companies shall be prepared and published at such times as the board shall consider expe- dient. SECTION 16. Upon the application in writing of a director, or of any person or persons who own one fiftieth part of the paid-in capital stock of a corporation or company which oper- ates a railroad or railway, or who own the bonds or other evidences of indebtedness of such corporation or company equal in amount to one fiftieth part of its paid-in capital stock, the board shall examine the books and the financial condition of said corporation or company, and shall cause the result of such examination to be published in one or more daily newspapers in the citv of Boston. To examine books, etc. of common carriers. Annual audit. Penalty. Acts of 1913, Chapter 784, 11. SECTION 11. The commission may, either through its members or by employees duly authorized by it, examine all books, contracts, rec- ords, documents, papers and memoranda of any common carrier, and by subpoena duces tecum compel the production thereof, or of duly verified copies of the same or any of them, and compel the attendance of such witnesses as the commission may require to give evidence at any such examination. The commission may provide for an annual audit by employees duly authorized by it of all the accounts of any common carrier or class of common carriers, whenever it deems such action advis- able. Any employee or agent of the commission who divulges any fact or information which may come to his knowledge during the course of any such examination or audit, except in so far as he may be directed by the commission, or by a court or judge, or be authorized by law, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than one thousand dollars. Board of rail- road commis- sioners to examine books, etc., of certain voluntary associations and express trusts. Board of gas and electric light commis- sioners to examine books. Acts of 1913, Chapter 509. An Act to extend the Authority of the Board of Railroad Commissioners and the Board of Gas and Electric Light Commissioners. SECTION 1. The board of railroad commissioners shall have authority by its members or duly authorized employees to investigate and examine the books, accounts, contracts, records and memoranda of the trustees of any voluntary association or express trust under a written instrument or declaration of trust the beneficial interest whereof is divided into trans- ferable certificates of participation or shares, who own or hold the capital stock or any part thereof of a railroad, street railway, electric railroad or elevated railway corporation which is under the supervision of said board, and may require said trustees to furnish such reports and information as the board shall from time to time direct with respect to the relations and dealings between such trustees and any such corporation. SECTION 2. In like manner and to the same extent, the board of gas and electric light commissioners shall have authority by its members or duly authorized employees to investigate and examine the books, ac- PART I. RAILROADS AND STREET RAILWAYS. 15 counts, contracts, records and memoranda of the trustees of any such etc., of certain voluntary association or express trust who own or hold the capital stock, Issodations or any part thereof, of a gas or electric corporation which is under the and express supervision of said board, and may .require such trustees to furnish such reports and information as the board shall from time to time direct with respect to the relations and dealings between such trustees and any such corporation. SECTION 3. The board of railroad commissioners shall have authority Board of rail- by its members or its duly authorized employees to investigate and L ? o a nersto mis ~ examine the books, accounts, contracts, records and memoranda of any e * amine books, . . . J etc., of certain partnership, express trust, voluntary association or corporation which ownerships, is under the same ownership, control or management as a railroad, street serv'ice corpo- railway, electric railroad or elevated railway corporation subject to the rations under^ supervision of said board, in respect of the relations and of any contracts and dealings between such railroad, street railway, electric railroad, or elevated railway corporation and such partnership, express trust, volun- tary association or corporation, and in relation thereto may require from such partnership, express trust, voluntary association or corporation Reports such reports and information as the board shall from time to time direct. re< * uired - SECTION 4. In like manner and to the same extent, the board of gas Board of gas and electric light commissioners shall have authority by its members or figh^commis- duly authorized employees to investigate and examine the books, accounts, sioners to contracts, records and memoranda of any partnership, express trust, vol- etc.^oTcertain' untary association, or corporation which is under the same ownership, ubi1c S service control . or management as a gas or electric corporation subject to the corporations supervision of said board, in respect of the relations and of any contracts supervision, and dealings between such gas or electric corporation and such partner- ship, express trust, voluntary association or corporation, and in relation thereto may require such partnership, express trust, voluntary associa- tion or corporation to furnish such reports and information as the board Reports , II f , ,. T required. shall trom time to time direct. SECTION 5. A railroad, street railway, electric railroad, elevated rail- Penalty, way, gas or electric corporation, or a partnership or corporation or the trustees of an express trust or voluntary association, mentioned or de- scribed in the foregoing sections, which refuses or neglects to submit its or their books, accounts, contracts, records and memoranda to the inves- tigation and examination of the board thereto duly authorized as herein- before provided, or to furnish such reports and information as the board thereto duly authorized shall from time to time direct and require, shall forfeit not more than five thousand dollars for every such refusal or neglect. SECTION 6. The supreme judicial court shall have jurisdiction in Supreme judi- equity to enforce compliance with the provisions of this act and with all h'ave^urisdtc- orders of the board of railroad commissioners or of the board of gas and tion in equity electric light commissioners made under authority of this act. provisions. SECTION 7. Nothing contained in this act shall be construed as author- Construction izing, requiring or justifying the board of railroad commissioners or the of act ' board of gas and electric light commissioners in making any recommenda- tions, rulings or orders with respect to the rates charged or the service furnished by any corporation subject to the supervision of either of said boards, to take into consideration in any respect whatsoever any certifi- cates of participation or shares issued under a declaration of trust and representing the beneficial interest in the stock, bonds, notes or other securities of such corporation, or the investment in such certificates or shares. SECTION 8. This act shall take effect upon its passage. [Approved April 21, 1913. 16 PART I. RAILROADS AND STREET RAILWAYS. Board to have access to lists of stopk- holders. 1876, 185, 5-. P. S. 112, 23. R. L. Ill, 23. [1 Op. A. G. 278.] Penalty upon corporations for refusing to submit books, etc. 1876, 185, 6. P. S. 112, 24. R. L. Ill, 24. SECTION 17. The board shall at all times have access to the list of stockholders of every corporation or company which op- erates a railroad or railway, and may at any time cause the said list or a part thereof to be copied for its information or for the information of the stockholders of such corporation or company. SECTION 18. A railroad corporation or street railway com- pany which refuses to submit its books to the examination of the board, or unreasonably neglects to keep its accounts in the method prescribed by the board, shall forfeit not more than five thousand dollars for every such refusal or neglect. Returns of persons, etc., doing an ex- press business. Acts of 1908, Chapter 599. An Act to extend the Authority of the Board of Railroad Commissioners over Persons and Corporations engaged in the Express Business upon Railroads and Railways. SECTION 1. Every person, firm, a'ssociation or corporation doing an express business upon either a railroad or railway in this commonwealth shall annually, on or before the first Wednesday in November, transmit to the board of railroad commissioners a return of his or its doings for the year ending on the thirtieth day of the preceding September, said return to be under oath of such person or of the financial officer or rep- resentative of such firm, association or corporation. The return shall set forth copies of all contracts made during the year with other persons, firms, associations or corporations doing a transportation or express business upon any railroad or railway in the commonwealth, and shall give complete information in reply to the questions presented in the form for such return which shall be prescribed by the board. SECTION 2. If a return made under the provisions of the preceding section appears to be defective or erroneous, the board shall require the person, firm, association or corporation making it to amend it within fifteen days. A person, firm, association or corporation neglecting to make a return as herein required or to amend it when requested so to do shall forfeit twenty-five dollars for each day during which such neglect continues. SECTION 3. Every person, firm, association or corporation doing an express business upon a railroad or railway in this commonwealth shall, upon request, furnish to the board of railroad commissioners full informa- tion relative to the character or conduct of such business, the service that is furnished and the rates that are charged, the names of the per- sons engaged in the business, and the relations existing with any other person, firm, association or corporation conducting a transportation or express business upon a railroad or railway. SECTION 4. The board upon its own initiative or upon the request of any person after a public hearing and investigation, if it is of the opinion that a change in the rates charged or accommodations furnished by any person, firm, association or corporation doing an express busi- ness upon a railroad or railway in this commonwealth, or in the method in which the business is conducted, is reasonable and expedient, in order to promote the convenience and accommodation of the public, shall in writing inform such person, firm, association or corporation of the change which it recommends should be made. [Approved June 8, 1908. Acts of 1913, Chapter 784, 14. Valuation, etc. SECTION 14. The commission may investigate and determine the fair value for any purpose of all the property of any common carrier render- ing a public service subject to the supervision of the commission, which Amendment of returns. Penalty. Information to be furnished board. Recommenda- tions as to rates, accom- modations, etc. PART I. RAILROADS AND STREET RAILWAYS. 17 is actually used or useful for the convenience of the public, whenever it deems the ascertainment of such value necessary in order to carry into effect any provision of this act. The commission may at any time on its own initiative make a revaluation of such property. In making any valuation under this section, the commission may have access to and use any books, documents or records in the possession of any department or board of the commonwealth or any political subdivision thereof. SECTION 19. In all cases investigated and inquiries made by Commission- the board and in all proceedings before it, any member thereof fulimfon may summon witnesses in behalf of the commonwealth and Tsr?? 8 !^', i. may administer oaths and take testimony. The fees of such P g ^j; HI' 2o- witnesses for attendance and travel shall be the same as for R. L. in, 25. witnesses before the superior court, and shall be paid by the commonwealth upon the certificate of the board filed with the auditor. Revised Laws, Chapter 175, 10. SECTION 10. A justice of the supreme judicial court or of the superior Enforcement court, upon the application of a tribunal which is authorized to sum- by courts. mon but not to compel the attendance of witnesses and the giving of p 87 |' \ ^ j 25 testimony before it, may, in his discretion, compel the attendance of such Jjgs. iss.' witnesses and the giving of testimony before any such tribunal, in the 1901! z&f>. same manner and to the same extent as before said courts. Jii JJ a ^- ?9J- 1 1 sixty-three of the acts of the year nineteen hundred and six is hereby amended. amended -by inserting after the word "framework", in the fourth line, the words: and flooring, and by striking out the words "and the surface of the bridge and its approaches", in the sixth line, and inserting in place thereof the words: but the approaches of the bridge and, if said flooring has a wearing surface, consisting of an upper planking, paving or other surface material, such wearing surface of the bridge, so as to read as follows: Section 88. [For 38 as amended, see above.] SECTION 39. The court shall appoint an auditor, who shall . be a disinterested person, not an inhabitant of the city or town Cation. 7 in which the crossing is situated, whose compensation shall be isoaUss! determined by the court and to whom shall from time to time isgs.'sss! be submitted all accounts of expense incurred by the railroad fi. lU| 28 PART I. RAILROADS AND STREET RAILWAYS. 1902, 440, 4. 161 Mass. 32. 162 Mass. 564. 172 Mass. 117. 197 Mass. H2. SIS Mass. 671. Amended by 1908, 390, 0. 1906, 463, part I, 39, amended. corporations, street railway companies, if any, city, town, com- mission or auditor, and who shall audit the same and make re- port thereon to the court. The auditor shall upon request of any of the parties to the proceeding investigate the amounts pre- sented for allowance by any city or town or any railroad cor- poration as expended in the payment of damages for land taken or affected by reason of the proposed alteration, which have been paid by the party primarily liable therefor, as provided in section thirty-seven, unless it appears that all of the parties to the pro- ceeding for the abolition of the grade crossing have assented in writing to the payment or settlement so made by the party primarily liable, and in case the auditor determines that the amount so paid is in excess of what in his opinion should have been properly paid therefor, he shall allow only such portion of the amount so paid as he may deem to be just and reasonable. Such auditing, when accepted by the court, shall be final. A certified copy of such report and the decree of the court thereon shall be filed with the auditor of the commonwealth. The court shall, from time to time, issue its decrees for payments on the part of the railroad corporation and on the part of any street railway company, not exceeding the amounts apportioned to them re- spectively by said auditor in his report, and for the payment by the commonwealth of a sum not exceeding the amounts apportioned to it and to the city or town; and such city or town shall repay to the commonwealth the amount apportioned to it, with interest thereon, payable annually at the rate of four per cent from the date of the acceptance of the report of the auditor. Such repayment of the principal shall be made annually in such amounts as the auditor of the commonwealth may designate; and the amount of payment designated for the year, with the interest due on the outstanding principal, shall be included by the treasurer and receiver general in the amount charged to such city or town, and shall be assessed upon it in the apportionment and assessment of its annual state tax. The treasurer and receiver general shall in each year notify such city or town of the amount of such assessment, which shall be paid by it into the treasury of the commonwealth as a part of, and at the time required for, the payment of its state tax. When the final assessment on a city or town has been paid by it, the treasurer and receiver general shall repay to it, in reduction of said final payment, the amount of interest, if any, which has been assessed to and paid by it in excess of the actual in- terest cost to the commonwealth for money borrowed for the abolition of grade crossings previous to the payment of said final assessment. Acts of 1908, Chapter 390, 2, 3. SECTION 2. Section thirty-nine of Part I of said chapter four hundred and sixty-three is hereby amended by inserting before the word "Such", in the ninth line, the words: The auditor shall upon request of any of the parties to the proceeding investigate the amounts presented for allowance by any city or town or any railroad corporation as expended PART I. RAILROADS AND STREET RAILWAYS. 29 in the payment of damages for land taken or affected by reason of the proposed alteration, which have been paid by the party primarily liable therefor, as provided in section thirty-seven, unless it appears that all of the parties to the proceeding for the abolition of the grade crossing have assented in writing to the payment or settlement so made by the party primarily liable, and in case the auditor determines that the amount so paid is in excess of what in his opinion should have been properly paid therefor, he shall allow only such portion of the amount so paid as he may deem to be just and reasonable, so as to read as follows: Section 89. [For 39 as amended, see above.] SECTION 40. The superior court shall have jurisdiction in Enforcement equity to enforce compliance with the provisions of sections ilgc^W s. twenty-nine to forty-five, inclusive, and with the decrees, agree- Jf 9 ^; Jii' ments and decisions made thereunder; and may issue and f^fiass 554 enforce such interlocutory decrees and orders as justice may require, and any order, appointment or decree under the pro- visions of said sections may be made in any county. SECTION 41. If the board of aldermen of a city or the select- Proceedings men of a town in which a public way and a railroad cross each m P en n taft e o" other and the directors of the railroad corporation are of opinion i89o?428, s 9. that it is- necessary for the security and convenience of the pub- fi^. 111 ' lie that alterations should be made in such crossing, in the ap- ^Mass.iei. Amended 1910, preaches thereto, in the location or the railroad or public way 44. r ' j.V J J.L. J? u -J 1. AI- j. 213 Mass. 671. or in the grades thereot, or m a bridge at such crossing, or that such crossing should be discontinued with or without building a new way in substitution therefor, and they agree as to the al- terations which should be made, an instrument in writing signed, in behalf of a city, by the mayor, authorized by the board of aldermen, or, in behalf of a town, by the chairman of the selectmen, authorized by the selectmen, and by the presi- dent of the railroad corporation, authorized by its directors, specifying the manner and limits within which the alterations shall be made, and by which party the work shall be done, or how it shall be apportioned between the city or town and the railroad corporation, the general method of construction, the grades for the railroad and the public way or ways, and also what land or other property it is necessary to take, and what portion, if any, of an existing public way is to be discontinued, and how the cost thereof shall be apportioned between the city or town and the railroad corporation, shall be valid and binding on the city or town and the railroad corporation, re- spectively, and have the same force and effect as a decree of the court under the provisions of section thirty-six, if the board of railroad commissioners, after notice to all parties in- terested by advertisement and a public hearing, approve of the alterations set forth in the agreement as necessary for the con- venience and security of the public. Said approval by said board shall constitute a taking of the land and other property specified in the agreement as necessary to be taken, and the clerk of said board shall, within thirty days after such approval, cause a copy of the agreement and approval to be filed w r ith 30 PART I. RAILROADS AND STREET RAILWAYS. the county commissioners of the county or counties in which the land or other property taken and the crossing are situated, to be recorded in the registry of deeds for the counties and districts in which such land, property and crossing are sit- uated, and also to be filed with the auditor of the common- wealth. Said copy of the agreement and approval shall be re- corded in said registry of deeds without the payment of any fee therefor. The provisions of section thirty-six relative to the taking of land under a decree of the court and of section thirty- seven relative to the recovery of damages sustained by any person in consequence of such taking, or of the alterations made in pursuance of said decree, shall apply to the taking of land and to damages sustained under an agreement made pursuant to the provisions of this section. The crossing and approaches shall be maintained and kept in repair as provided in section thirty-eight. If the agreement provides for the abolition of a public grade crossing, the board of railroad com- missioners shall keep itself informed of the progress and charac- ter of the work and of the amounts reasonably expended for work done or for damages, so far as rendered necessary for the abolition of the grade crossing; and for that purpose it may employ any necessary agents, and, from time to time as it may consider proper, shall issue certified statements of the amount legally and properly expended for such abolition of a grade crossing; and the commonwealth shall pay to the parties en- titled thereto under the agreement twenty per cent of such expenditure. Acts of 1910, Chapter 544. An Act relative to the Recording of Agreements and Approvals in Pro- ceedings for the Abolition of Grade Crossings. 1 a?t i 463 ' S 41> SECTION 1. Section forty-one of Part I of chapter four hundred and amended. sixty-three of the acts of the year nineteen hundred and six is hereby amended by inserting after the word "commonwealth", in the forty- second line, the words: Said copy of the agreement and approval shall be recorded in said registry of deeds without the payment of any fee therefor, so as to read as follows: Section Jfi. [For l+l as amended, see above.] Payments by the common- wealth. Bonds. Sinking fund. 1890,428, 10. 1893, 424. 1896, 439, 1,3. R. L. Ill, 158. 1902, 440, 5. [lOp. A. G. 305.] SIS Mass. 671. SECTION 42. For the further abolition of grade crossings, in accordance with the provisions of sections twenty-nine to forty- five, inclusive, an expenditure of five million dollars by the com- monwealth is hereby authorized. The amounts so to be paid by the commonwealth in any one year shall not exceed five hun- dred thousand dollars, but if in any one year the expenditure by the commonwealth shall not amount to five hundred thou- sand dollars, the unexpended remainder thereof shall be added to the five hundred thousand dollars allowed to be paid by it in any subsequent year. In computing the amount paid and to be paid by the commonwealth, the amounts apportioned to cities and towns and advanced by the commonwealth under the provisions of section thirty-nine shall not be included. To PAET I. RAILROADS AND STREET RAILWAYS. 31 meet the expenditure hereby authorized, the treasurer and re- ceiver general, with the approval of the governor and council, shall issue scrip or certificates of indebtedness to an amount not exceeding five million dollars as an addition to the Abolition Abolition of of Grade Crossings Loan, and shall add, in the manner pro- fnga La 83 " vided in section one hundred and fifty-eight of chapter one ^Tss^'s^' 111> hundred and eleven of the Revised Laws, to the existing sink- bdow: \ ing fund to provide for the payment of the same. Such scrip or certificates of indebtedness shall be issued as registered bonds, bearing interest at a rate not exceeding four per cent per annum, payable semi-annually on the first days of May and November. The amount necessary to meet the annual require- ment of said sinking fund and to pay the interest on said bonds shall be raised by taxation from year to year. Revised Laws, Chapter 111, 158. [Unrepealed, see Part II, 258.] SECTION 158. The amount to be paid under the provisions of the Payments by preceding nine sections by the commonwealth in any one year, the year ^^** Bflm " beginning with the twenty-first day of June, shall not exceed five hun- Bonds, dred thousand dollars, and the total amount shall not exceed five million i89o! n 428? n io. dollars; but if in any year the expenditure by the commonwealth shall j|^- 1||- not amount to five hundred thousand dollars, the unexpended balance i.'3. thereof shall be added to the five hundred thousand dollars allowed to aos.f' ' be paid by it in any subsequent year. In computing and estimating the amount paid and to be paid by the commonwealth, the amounts appor- tioned to cities and towns and advanced by the commonwealth under the provisions of section one hundred and fifty-five shall not be included. The treasurer and receiver general shall pay the amount of cost appor- tioned to the commonwealth from any money not otherwise appro- priated, and shall from time to time, on request of the governor and council, issue and sell bonds, shall establish a sinking fund for the pay- ment thereof into which shall be paid any premiums received on the sale of said bonds and shall apportion thereto from year to year, in addi- tion, amounts sufficient with their accumulations to extinguish at ma- turity the debt incurred by the issue of said bonds. The amount necessary to meet the annual sinking fund requirements and to pay the interest on said bonds shall be raised by taxation from year to year. From the proceeds of the sale of such bonds, there shall be paid into the treasury of the commonwealth such amounts as may have been expended there- from under the provisions of this section. SECTION 43. A final decree shall not be entered by the Board to superior court upon any report of commissioners setting forth a petiUon^shaii plan for the abolition, discontinuance or alteration of a grade ilgo^s' n. crossing, adopting or confirming such plan or authorizing any ^^ U1 - expense to be charged against the commonwealth, until the ^2,^440. j^>. board of railroad commissioners, after a hearing, shall have Amended by certified in writing that in their opinion the adoption of such plan and the expenditure to be incurred thereunder are con- sistent with the public interests, and are reasonably requisite to secure a fair distribution between the different cities, towns and railroads of the commonwealth, of the public money au- thorized to be expended under the provisions of the preceding 32 PAET I. RAILROADS AND STREET RAILWAYS. [For R. L. in, section, or section one hundred and fifty-eight of chapter one above.] 1906, 463, part I, 43. amended. hundred and eleven of the Revised Laws, for the abolition of grade crossings, and that such expenditure will not, in the judgment of said board, exceed the amounts provided under the provisions of said sections to be paid by the commonwealth. // the members of the board of railroad commissioners are special commissioners under the provisions of section twenty-nine the cer- tificate herein provided for may be issued by said board without a hearing. Acts of 1909, Chapter 358. An Act relative to the Certification by the Board of Railroad Commis- sioners of Expenditures for the Abolition of Grade Crossings. Section forty-three of Part I of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by adding at the end thereof the following : If the members of the board of railroad commissioners are special commissioners under the provisions of section twenty-nine the certificate herein provided for may be issued by said board without a hearing, so as to read as follows : Section 43. [For 43 as amended, see above.] Relative to loans for the abolition of grade cross- ings. 1902, 507, 1. SIS Mass. 671. [For R. L. Ill, 158, see above.] Certain pro- visions not to apply. 1890, 428, 12. SIS Mass. 571. R. L. Ill, 160. SECTION 44. The treasurer and receiver general is hereby authorized to transfer to the loan authorized by section one hundred and fifty-eight of chapter one hundred and eleven of the- Revised Laws, from any unexpended balance of the loan authorized by chapters four hundred and thirty-three of the acts of the year eighteen hundred and ninety-two and two hundred and fifty-seven of the acts of the year eighteen hundred and ninety-six, which provide a sum of money for the abolition of certain grade crossings, such amount of money as may be from time to time to the credit of said loan, and which may not be needed for the purposes for which the loan was issued; and the balance so transferred shall be in addition to the five mil- lion dollars authorized to be expended under the provisions of said section, and shall be a part of the sum authorized to be expended under section forty-two, and available for the aboli- tion of grade crossings under the provisions of said section, and of chapter one hundred and eleven of the Revised Laws. SECTION 45. The provisions of sections twenty-three to twenty-eight, inclusive, of Part I, and of sections one hundred and seventeen, one hundred and eighteen, one hundred and twenty-two, one hundred and twenty-three and one hundred and twenty-four of Part II., so far as they relate to proceedings for the abolition of grade crossings, shall not apply to cases within the provisions of the preceding sixteen sections. Revised Laws, Chapter 27, 7. SECTION 7. Cities and towns may by a majority vote incur debts ment oTgrade for temporary loans for the payment of any land damages or any pro- damages portion of the general expense of altering a crossing which they are re- 1892, 178. quired primarily to pay under the provisions of sections one hundred and forty-nine to one hundred and sixty, inclusive, of chapter one hundred PART I. RAILROADS AND STREET RAILWAYS. 33 and eleven. Such loans shall not be reckoned in determining the author- ized limit of indebtedness, and when any money so paid is repaid, it shall be immediately applied to the discharge of the loan. RAILROAD AND STREET RAILWAY RELIEF CORPORATIONS. SECTION 46. Seven or more persons, a majority of whom are Railroad, etc.. residents of this commonwealth, being employees of any railroad tion 8 f . corpora " corporation or street railway company, organized under the laws j|go; fit; | }' of this commonwealth, may, in accordance with the provisions JL^JSM/ 7 * i i* i 111 oce ivUJi OiJft of sections three to six, inclusive, or chapter one hundred and ^- twenty-five of the Revised Laws, form a corporation for the purpose of receiving, managing and applying such property and funds as it may receive by contribution, assessment or otherwise for the improvement and benefit of its members, and for their relief and the relief of their families in case of sickness, injury, inability to labor, or other cases of need. Revised Laws, Chapter 125, 3, 4, 6. SECTION 3. The corporation shall be formed in the manner pre- Organization, scribed in, and subject to the provisions of, sections fifteen to twenty, Q 85 |' f^,' f \\ inclusive, of chapter one hundred and ten [now 1903, 437, 6-12], Sf 7 .^ 37 *' except as follows: p. s. 115, The capital stock, if any, shall not exceed five hundred thousand flsl'tv? dollars. woo! ii- The agreement of association of a corporation which has no capital stock may omit the statement of the amount of the capital stock and the par value and number of its shares. The par value of the shares of its capital stock, if any, may be ten, twenty-five, fifty or one hundred dollars. The fee to be paid to the secretary of the commonwealth upon the filing of the certificate of organization shall be five dollars. SECTION 4. Before making and issuing a certificate of incorporation investigation to a corporation formed for any of the purposes described in section two, ^ S oc?ates ed the secretary of the commonwealth may forward a statement to the i|9o, 439, i. mayor and aldermen of the city, except Boston, or to the selectmen of See 1906,'sgi,' the town, in which such society is to have its principal office or rooms, 1^377. and, if such office or rooms are to be in Boston, to the board of police for the city of Boston, giving a list of the names of the persons who have applied for incorporation, the purpose of the organization as stated by the applicants, the location proposed to be occupied and all other facts which may be stated in the application for incorporation. The mayor and aldermen, selectmen or board of police for the city of Boston, upon the receipt of such statement, shall immediately make an investigation and ascertain whether any of the proposed incorporators have been engaged in the illegal selling of intoxicating liquor or in keeping places or tenements used for the purpose of illegal gaming, or whether they have been engaged in any other business or vocation prohibited by law, and shall forthwith report to the secretary of the commonwealth all the facts ascertained. If, in his opinion, it appears from said report or otherwise that the probable purpose of the formation of the proposed organization is to cover an illegal business, he shall refuse to issue a certificate of incorporation. SECTION 6. The corporation may prescribe by its by-laws the manner By-laws. in which, and the officers and agents by whom, the purposes of its incor- 187^75, 6. 34 PART I. RAILROADS AND STREET RAILWAYS. 1875, 49, i. poration may be accomplished, and, instead of the directors and other 5, e. ' officers to be chosen at the first meeting, it may have a board of other 192 Mass. 150. o ffi cers w jth the powers of directors, and presiding, financial and record- ing officers with the powers of president, treasurer and clerk; and its certificate of organization may be made, signed and sworn to by its presiding, financial and recording officers and a majority of its other officers having the powers of directors; and the certificate issued by the secretary under the provisions of section twenty of chapter one hun- dred and ten shall be modified to correspond with the facts in each case. Byl o W aiof SECTION 47. The by-laws of such corporation shall be ap- 1882" 244, ' proved by the board of railroad commissioners, and shall pre- R. L. 125, is. scribe the manner in which, and the officers and agents by ffs5^909*' whom, the purpose of its incorporation may be carried out, and also the manner in which its property may be invested. Such corporation shall annually, and as often as may be required by the board of railroad commissioners, render to said board such statements of its membership and financial transactions and such other information relative thereto as said board may consider necessary for a proper exhibit of its business and stand- ing. Said board may verify such statement by an examination of the books and papers of the corporation; and whoever, hav- ing charge or custody of such books and papers, neglects to comply with the provisions of this section shall be punished by a fine of not more than five hundred dollars. Railroad, etc., SECTION 48. A railroad corporation which operates a rail- as^ciate^ith road or portion thereof in this commonwealth, or a street rail- i8!, i25 S * way company, may, by vote of its directors, associate itself R 89 L. 125, 1 19. with seven or more of its employees in forming a corporation ' 614 ' under the provisions of section forty-six, or may, upon the in- vitation of any such society, become a member thereof, and may aid such corporation by contributions to its funds or other- wise. The by-laws of such corporation shall provide for the manner in which the railroad corporation or street railway company shall vote and be represented in said corporation. The funds of such corporation shall not be liable to attachment by the trustee process, or be liable to be taken on execution or on any other process, legal or equitable, to satisfy any debt or liability of the railroad corporation or street railway company or of any member of the corporation. RAILROAD AND STREET RAILWAY POLICE. i87 p i ol 33i SECTION 49. The mayor of a city, or the selectmen of a i.'s. town, upon the petition of a railroad corporation having a 143. ' passenger station in such city or town, or of a street railway p 88 s! los.Vis. company operating a street railway therein, may appoint as 1895, sis, many of the persons designated in said petition as police officers fi li',^ 08 ' as tn ^ v mav deem proper for the purposes and with the powers hereinafter set forth. Copy of SECTION 50. An attested copy of the record of all such ap- to be l fited. n pointments shall be filed by the petitioner with the clerk of PART I. RAILROADS AND STREET RAILWAYS. 35 every city or town, other than the city or town of appoint- i87i, 331, 2. ment, in which the railroad corporation or street railway com- us. pany operates its cars, and in which it is intended that such isso', ss! 2. police officers shall act; and the filing of such attested copy fgol', 225,' f i 4 ' shall constitute the persons named therein railroad or street Ri L - 108 * * 14 - railway police, respectively, within such city or town, and shall be conclusive evidence of the regularity of their appointment. SECTION 51. Such police officers shall be sworn before a ius- Term of office. 1R71 ^^1 tice of the peace, and shall hold their offices until their appoint- i.'g. ment is revoked by the mayor of the city or the selectmen of 8 i 74 3. 372 ' the town in which they are appointed; but such petitioner, upon p 88 s.' io3. 2 i5. ceasing to require the services of any of such officers, shall file j^jj 5 ; 6 ^ 8 15 a notice to that effect with the clerk of the city or town in which he is appointed, and with the clerks of the several cities and towns in which notice of such appointment has been filed, and thereupon the power of such officer shall cease. SECTION 52. Such officers shall, when on duty except as de- Badges, tectives, wear in plain sight a metallic badge, inscribed with the 1874', 372; words, "Railroad Police", or "Street Railway Police", as the fssot'ss. 3. case may be, and the name or initials of the corporation or com- fg 9 |; 225,' 2 6 ' pany for which they are appointed; and the presence of any R - L - 108> l6 - such officer on the cars or premises of the corporation or com- pany upon whose petition he was appointed, wearing such badge, shall be prima facie evidence that he is lawfully upon duty. SECTION 53. Railroad and street railway police officers may Powers of preserve order on the premises and cars of the corporation or mTssi, company upon whose petition they are appointed; may, with- 1874', 372", out a warrant, arrest an idle, noisy, intoxicated or disorderly p*s 4 i'o3? 6 ' person upon such premises or cars; or a passenger upon such flg 1 /'^! 53 cars who refuses to pay his fare, and remove him to the bag- R- L 1 91' 23 gage or other suitable car; may, without a warrant, arrest any 143 Mass, es, person committing any of the offences specified in section sixty- us'Mass. 119. six; and street railway police officers may, without a warrant, arrest any person committing any of the offences specified in section eighty-four of Part III. SECTION 54. The person so arrested shall be taken to the Arrest. police station or other place of lawful detention in the city or poHce 8 , . i ,i , . , ,, ., 1895,318,53. town in which the arrest is made, or in the city or town in R. L. IDS, 23. which the car next stops; he may be placed in charge of a police officer or constable in either of such cities or towns, to be taken to a lawful place of detention within twenty-four hours after the time of such arrest, Sundays excepted. Com- plaint shall be made against the person arrested by the officer taking him to the place of detention for the offence for which he was arrested to a police, district or municipal court, or trial justice having jurisdiction of such offences committed in the city or town in which such person is detained, and such court or justice shall have jurisdiction of the case. SECTION 55. Railroad and street railway police officers shall be paid by the corporation or company upon whose petition 147 36 PART I. RAILROADS AND STREET RAILWAYS. R L IDS' I io' tne ^ are a PP mte d- Such corporation or company shall be ' liable for any official misconduct of such officers to the same extent as for torts of agents or servants in their employ. Revised Laws, Chapter 204, 46. ro a e d of oHce" SECTION 46. Railroad police shall not be entitled to any fees for i890, P 44oT 9. attendance upon a trial as witnesses for the commonwealth, but they may be allowed their necessary expenses therefor. Duties of inspectors. 1894, 535, 3, 4. 1897, 376. 1. R. L. Ill, 223. Investigation of accidents. 1894, 535, 5. 1897, 376, 2. R. L. Ill, 224. Inspection of property, etc. INSPECTION OF EQUIPMENT. SECTION 56. Railroad and street railway inspectors who are appointed under the provisions of section one, shall, under the direction of the board of railroad commissioners, examine the roadbed, tracks, crossings, stations, rolling stock, machinery, equipments, appliances and grounds used in or in connection with the operation of railroads or street railways; and if they are considered by an inspector not to be in compliance with the requirements of law, or to be in such condition as to endanger the safety of the public or of employees, he shall so report in writing to said board, which, if it considers it necessary, shall give notice to the corporation or company, or to the persons who own or operate the railroad or street railway, of such fail- ure to comply with the requirements of the law or of such de- fects, with such recommendation as it may consider necessary or proper. SECTION 57. An inspector shall, under the direction of the board of railroad commissioners, investigate as promptly as may be any accident upon a railroad or street railway, or resulting from the operation thereof, which causes the death or imperils the life of a passenger, employee or other person, and shall re- port thereon to said board. He shall attend the inquest held in the case of any such death by accident, and may cause any person who has knowledge of the facts or circumstances con- nected with such death to be summoned as a witness to testify at the inquest. Acts of 1913, Chapter 784, 13. SECTION 13. The commission may, either through its members or responsible agents, engineers, inspectors or examiners duly authorized by it, enter upon any premises occupied by any common carrier for any purpose consistent with the provisions of this act. It may inspect the property, equipment, buildings, plants, factories, power-houses, ducts, conduits and offices of any common carrier. It shall have the right in connection with such inspection by its members, inspectors or experts to have such service, of the sort proffered by the common carrier, per- formed for it as it may reasonably require, including the right to ride upon any locomotive, car or steamship while in service, and to have, upon reasonable notice, the use of an inspection locomotive or car when- ever that is necessary in the opinion of the commission, for a physical inspection of all or any of the lines and stations of any railroad or railway under its supervision. PART I. RAILROADS AND STREET RAILWAYS. 37 RAILROAD AND STREET RAILWAY BRIDGES. SECTION 58. Every railroad corporation and street railway Examination company shall, upon request of the board of railroad commis- strtal?w a ay d sioners, and at least once in two years, cause an examination of ^887! e 334, its bridges and of the approaches thereto to be made by a com- florae petent engineer, who shall report the result of his examination, R- L! in, his conclusions and recommendations to the corporation or com- see 1908, sss. pany, and it shall forthwith transmit a copy of the report to said board. Before a street railway company builds a bridge, it shall first submit the plans thereof to said board for approval. Upon the completion of a new bridge, the railroad corporation or street railway company shall forthwith cause such examina- tion and report to be made and transmitted to said board. The report shall furnish such information, in such detail and with such drawings or prints, as may be requested in writing by said board. Said board may make further examination of the bridge structure if necessary or expedient. The provisions of this section shall not exempt a corporation from making other and more frequent examinations of its bridges and the ap- proaches thereto.* CONDITIONAL SALE OF ROLLING STOCK. SECTION 59. A contract for the sale of railroad or street Conditional i ,,. i i i i i sale of rolling railway rolling stock may stipulate that the title to the prop- stock. erty sold or contracted to be sold shall not vest in the purchaser luS. 26 ' until the purchase price is fully paid, or that the vendor shall IL^/ol;!/ 5 have and retain a lien thereon for the unpaid purchase money although possession thereof may be delivered immediately or at any subsequent time, and a contract for the leasing or hiring of such property may stipulate for a conditional sale thereof at the * Bridges constructed and used exclusively for street railway purposes should have floor systems similar to those used on steam railroad bridges. While there is some difference in prac- tice with reference to the details of such floors the Board (under 58 of Part I of chapter 463 of the Acts of 1906) recommends the following construction: (a) Ties shall be of hard pine, not less than 5 inches by 7 inches, and not less than 10 feet long for a single track, and shall be spaced not over 8 inches apart in the clear. (The Board recom- mends a spacing of 6 jnches in the clear.) Ties resting on wooden stringers need not be notched, and at least every third tie shall be securely spiked or bolted to the stringers. Ties resting on steel stringers or girders shall be notched one-half inch over supports, and at least every fourth tie shall be fastened to the stringers or girders at each end by a three-quarter-inch hook bolt. Ties resting on plate girders or trusses with cover plates shall be grooved for the rivets, and notched to correspond to the thickness of the plates. (6) Near the ends of the ties there shall extend on each side a wooden guard timber not less than 6 inches by 6 inches, notched one inch over the ties and bolted to every third tie by a three- quarter-inch bolt. (The office of this guard timber is not to prevent a derailed wheel from running off the bridge, but simply to keep the ties in place.) With ties 10 feet long this guard timber will be from 21 inches to 24 inches in the clear outside of the track rails. Guard timbers must ex- tend over all piers and abutments, and, if spliced, shall be spliced over a tie with a halved joint 6 inches long, bolted to the tie. (c) In order to prevent a derailed truck from running far from the track, even if it should be derailed before reaching the bridge, inside guard rails shall be provided. These rails shall be of the same height as the track rails, and shall extend across the entire bridge and for a distance of about 50 feet beyond the ends, coming to a point in the centre of the track, the point being protected by a casting or frog point. If there is a sharp curve on the approach, the guard rails shall be extended around the curve. These rails shall have the heads not less than 8 inches in the clear inside of the heads of the track rails, anci shall be securely spiked to every tie. (d) If the bridge is on a curve, the outer rail must be suitably elevated. 7. In the case of combined highway and electric railway bridges, the railway track shall in general have ties resting upon the stringers, the ties to be not less than 6 inches by 6 inches, and 8 feet long, spaced 10 inches apart, and planked over with plank not less than 2 inches thick. The planking and wheel guards on the highway portion of the structure must be satisfactory than five nor more than twenty dollars. Whoever does not u P on demand first pay such toll or fare shall not be entitled a8s 4o ns Mass! 64. ' to be transported for any distance, and may be ejected from a iss Mass! 279! street railway car; but no person shall be removed from a car of a railroad corporation except as provided in section fifty- three, nor from a train except at a regular passenger station. Revised Laws, Chapter 212, 35. Disorderly SECTION 35. Whoever, in or upon a railroad carriage, steamboat or conduct in , ... '. ,. . . ,. , public convey- other public conveyance, is disorderly, or disturbs or annoys travellers 1883?' 102. }n or u P n the same by profane, obscene or indecent language, or by indecent behavior, shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars. INJURY TO SIGNALS. injury to SECTION 65. Whoever unlawfullv and intentionally injures, signal. , .(.MI 1876, 63. molests or destroys any signal of a railroad corporation or street '207. railway company, or any line, wire, post or other structure or 18991252. mechanism used in connection with such signal, or prevents or i n an y wa y interferes with the proper working of such signal, shall be punished by a fine of not more than five hundred dol- lars or by imprisonment for not more than two years, or by both such fine and imprisonment. PART I. RAILROADS AND STREET RAILWAYS. 43 THROWING MISSILES, ETC. SECTION 66. Whoever wilfully throws or shoots a missile at Throwing i >t i .1 . missiles, a locomotive engine, or railroad or street railway car or tram, assaulting i . engineer, etc. or at a person on such engine or car or train, or in any way isso. no. assaults or interferes with a conductor, engineer, brakeman, or 206. 112 ' motorman, while in the performance of his duty on or near jaeo. 111 ' such engine, or car or train, shall be punished by a fine of not 145 Mas8- 403 - more than one hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. A person so offending may be arrested without a warrant by an officer authorized to serve criminal process, and kept in custody in jail or other convenient place not more than twenty- four hours, Sundays and legal holidays excepted, at or before the expiration of which time he shall be taken before a proper court or magistrate, and proceeded against according to law. LEASE OR PURCHASE OF FRANCHISE. SECTION 67. A lease or purchase and sale of the franchise Leases, etc., to and property of a railroad corporation, or street railway com- by board' pany, and a consolidation of two or more railroad corporations, R^L! m', or street railway companies, or a contract that either corporation Am^ded. shall perform all the transportation upon and over the road of ffi 7 ' 685< the other, whether authorized by general laws or a special act, see 1910,443. shall not be valid or binding until the terms thereof shall, after public notice and a hearing, have been approved by the board of railroad commissioners, and a certificate signed by said board, setting forth the vote of approval, shall have been filed in the office of the secretary of the commonwealth. Said board shall announce its decision within thirty days after the final hearing upon the application of any railroad corporation or street rail- way company for permission to lease or sell to, consolidate with or purchase the franchise and other property of, any other rail- road corporation or street railway company, or to contract with any other railroad corporation or street railway company that either corporation shall perform all the transportation upon and over the road of the other. Acts of 1907, Chapter 585. An Act to restrain the Consolidation of Railroad Corporations. SECTION 1. No corporation owning, leasing or operating a railroad "Merger bill," wholly or partly in this Commonwealth, nor any person or corporation Acquisition of acting in its interest shall, directly or indirectly, after the passage of this d^estic act acquire, or attempt to acquire by purchase, exchange of shares, or railroads, etc. in any other way, any shares of the capital stock of any domestic railroad et c! ing up n> company not lawfully leased, owned or operated by it prior to the first day of May in the year nineteen hundred and seven, except under specific authority provided by statute. No such corporation nor any person in its behalf shall, prior to the first day of July, nineteen hundred and eight, vote any such stock which it now holds or may acquire in its own name 44 PART I. RAILROADS AND STREET RAILWAYS. Voting at elections on shares of atock, until. Proviso. Application to board of railroad com- missioners. Determina- tion, report. No increase of fares or rates. Switch connections. or in that of any person or corporation acting in its interest, nor attempt to vote the same, at any meeting of the stockholders of such domestic railroad company, nor exercise, nor attempt to exercise, directly or in- directly, any control, direction, supervision or influence whatsoever over the acts or doings of such domestic railroad company by virtue of such holding of stock therein. SECTION 2. No domestic railroad company shall prior to said date permit any shares of its capital stock owned or controlled by a corpora- tion, as designated in section one, or by any person or corporation acting in its interest, to be voted on behalf of said corporation by its officers, attorneys or agents, or any other person, at any corporate election for directors or officers of such domestic railroad company. No such domestic railroad company, or any officer, director, servant or agent thereof, shall permit or suffer the said corporation designated in section one or any of its officers or agents to exercise any control whatsoever over the corporate acts of such domestic company. No officer, agent, servant or employee of such corporation shall prior to the first day of July, nineteen hundred and eight, be elected or appointed or serve or act as an officer, agent, servant or employee of such domestic railroad company: provided, however, that the provisions of this section shall not apply to any vote upon such shares of stock nor to any action taken under the provisions of section three of this act; nor shall the provisions of this section apply to the election, appointment, service and acts of any officer, agent, servant or employee of any domestic railroad company that may have been lawfully owned, leased or operated prior to the first day of May, nineteen hundred and seven, by such railroad corporation as is designated in section one. If at any annual meeting or at any other meeting held for the purpose of electing officers less than a majority of the stock of such domestic rail- road company is represented, no election of officers shall take place. SECTION 3. The presidents, or a majority of the boards of directors, or the holders of not less than one third in interest of the capital stock of two or more railroad corporations, may apply to the board of railroad commissioners for its determination as to whether the consolidation of the railroads of such corporations is consistent with the public interest. If the board, after public notice and a hearing, shall find that such con- solidation is consistent with the public interest, it shall report its findings to the general court, together with drafts of a law or laws to authorize such consolidation upon the agreement of the corporations to be con- solidated, and after ratification by a vote of not less than two thirds in interest of the stockholders in each, and under terms and conditions which will effectually prevent any decrease in the facilities for transportation on the railroad of either of such corporations or any increase in the rates for passengers or freight by the said consolidation, and which will, in the opinion of the board, secure to the Commonwealth adequate control over the organization, conduct, and management of the said corporations and railroads, and upon such other terms and conditions as may seem to the board desirable and proper. SECTION 4. In case of any lease, purchase and sale or consolidation as authorized by the foregoing section, no rate, fare or charge for trans- portation of passengers or property shall be increased, and no facilities for transportation shall be diminished thereby, nor in connection there- with or as a result thereof shall there be any increase in the aggregate outstanding capital stock or indebtedness of the contracting companies. SECTION 5. A railroad corporation, upon the application of any shipper tendering freight for transportation, shall construct, maintain and operate upon reasonable terms a switch connection or switch con- PART I. RAILROADS AND STREET RAILWAYS. 45 nections with a lateral line of railroad or private side track owned, operated or controlled by such shipper and shall, upon the application of any shipper, provide upon its own property a side track and switch connection with its line of railroad, whenever such side track and switch connection are reasonably practicable, can be put in with safety, and the business there- for is sufficient to justify the same. SECTION 6. If any railroad corporation shall fail to install or operate Switch any such switch connection with a lateral line of railroad or any such foUuret'o 118 ' side track and switch connection as aforesaid, after written application install, etc. therefor has been made to it, any person interested may present the facts railed com- to the board of railroad commissioners by written petition, and the board missloners - shall investigate the matters stated in such petition, and give such hearing thereon as it may deem necessary or proper. If the board be of opinion that it is safe and practicable to have a connection, substantially as prayed for, established or maintained, and that the business to be done thereon justifies the construction and maintenance thereof, it shall make an order directing the construction and establishment thereof, specifying the reasonable compensation to be paid for the construction, establish- ment and maintenance thereof, and may in like manner upon the applica- tion of the railroad corporation order the discontinuance of such switch connection. SECTION 7. Section sixty-seven of Part I of chapter four hundred p^f'/f and sixty-three of the acts of the year nineteen hundred and six is hereby amended. amended, by inserting after the word "companies", in the fourth line, the words : or a contract that either corporation shall perform all the approve con- transportation upon and over the road of the other, and by adding at the end thereof the words: or to contract with any other railroad corporation or street railway company that either corporation shall per- form all the transportation upon and over the road of the other, so as to read as follows: Section 67. A lease or purchase and sale of the franchise and property of a railroad corporation, or street railway company, and a consolidation of two or more railroad corporations, or street railway companies, or a contract that either corporation shall perform all the transportation upon and over the road of the other, whether authorized by general laws or a special act, shall not be valid or binding until the terms thereof shall, after public notice and a hearing, have been approved by the board of railroad commissioners, and a certificate signed by said board, setting forth the vote of approval, shall have been filed in the office of the secretary of the commonwealth. Said board shall announce its decision within thirty days after the final hearing upon the application of any railroad corporation or street railway company for permission to lease or sell to, consolidate with or purchase the franchise and other property of, any other railroad corporation or street railway company, or to contract with any other railroad corporation or street railway company that either corporation shall perform all the transportation upon and over the road of the other. SECTION 8. Section two hundred and nine of Part II of chapter four igoe, 4es, hundred and sixty-three of the acts of the year nineteen hundred and amended? 2 9 six is hereby amended by striking out after the word "section", in the thirteenth line, the words "two hundred and seven", and inserting in place thereof the words: sixty-seven of Part I of this act, so as to read as follows: Section 209. Two railroad corporations, which are incorporated under the laws of this commonwealth, and whose railroads enter upon or connect with each other, may contract that either corporation shall perform all the transportation upon and over the railroad of the other; and any such corporation may lease its railroad to any other 46 PART I. RAILROADS AND STREET RAILWAYS. Penalty. Jurisdiction to enforce. Not to ratify previous acts. such corporation; but the facilities for travel and business on either of the railroads of said corporations shall not thereby be diminished. Such leases shall be upon such terms as the directors agree, and as a majority in interest of the stockholders of both corporations at meetings called for the purpose approve, subject to the provisions of section sixty-seven of Part I of this act. The income arising from such contracts or leases shall be subject to the provisions of law relative to the right of the common- wealth to purchase the railroads of the railroad corporations or to reduce their tolls, in the same manner as that arising from the use of the railroads. Copies of such contracts or leases shall be deposited with the board of railroad commissioners, and full statements of the facts shall be set forth in the next annual return of such corporations. The provisions of this section shall not authorize a lease or contract between two railroad corpora- tions, each of which has a terminus in the city of Boston. The railroads of two railroad corporations shall be considered to enter upon or connect with each other, within the meaning of this section, if one of such railroads enters upon, connects with, or intersects a railroad leased to the other or operated by it under a contract as herein authorized. SECTION 9. A railroad corporation, as hereinbefore designated, which violates the provisions of the first three sections of this act, shall be punished by a fine of ten thousand dollars for each offence ; and any officer or agent of such railroad corporation who procures, aids or abets such corporation in any violation of said sections, and any partnership, trustee or other person who procures, aids or abets in any violation thereof, shall be punished by fine of one thousand dollars or by imprisonment for not more than one year nor less than six months, or by both such fine and imprisonment. SECTION 10. The supreme judicial court shall have jurisdiction in equity upon petition of the attorney-general or of any stockholder in such domestic railroad company to compel the observance, and to restrain any violation, of the provisions of this act. SECTION 11. Nothing in this act contained shall be construed as sanctioning or ratifying any acquisition heretofore made by any corpo- ration owning, leasing, or operating a railroad in this commonwealth, or by any person, association, trust, or corporation acting in its behalf or controlled by it, of any shares or a beneficial interest in any shares of stock in a domestic railroad company. SECTION 12. This act shall take effect upon its passage. [Approved June 28, 1907. Repeal. SECTION 68. Sections twenty-one, twenty-two, twenty-three, twenty-four and twenty-five of chapter one hundred and eight of the Revised Laws, sections eight, nine, ten, eleven, twelve, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, seventy-five, seventy-six, one hun- dred and thirty-four, one hundred and thirty-five, one hundred and thirty-six, one hundred and thirty-seven, one hundred and thirty-eight, one hundred and thirty-nine, one hundred and forty-nine, one hundred and fifty, one hundred and fifty-one, one hundred and fifty-two, one hundred and fifty-three, one hundred and fifty-four, one hundred and fifty-five, one hundred and fifty-six, one hundred and fifty-seven, one hundred and fifty-nine, one hundred and sixty, one hundred and sixty-nine, PART I. RAILROADS AND STREET RAILWAYS. 47 two hundred and twenty-three, two hundred and twenty-four, two hundred and fifty-one, two hundred and sixty, two hundred and sixty-two, two hundred and sixty-three, two hundred and sixty-seven and two hundred and seventy-eight of chapter one hundred and eleven of the Revised Laws, sections sixty-three and ninety-four of chapter one hundred and twelve of the Revised Laws, section nineteen of chapter one hundred and twenty-five of the Revised Laws, chapters two hundred and ninety-eight, four hundred and two, four hundred and thirty- two, four hundred and forty, five hundred and seven and five hundred and thirty-three of the acts of the year nineteen hun- dred and two; chapters one hundred and seventy-three, two hundred and ninety-seven and four hundred and seventy-eight of the acts of the year nineteen hundred and three; chapters ninety-six, two hundred and sixty-five, three hundred and fifty- seven and four hundred and twenty-nine of the acts of the year nineteen hundred and four; chapter four hundred and eight of the acts of the year nineteen hundred and five; and, so far only as they apply to railroads or street railways or to railroad corporations or street railway companies or to their officers, agents or employees, sections thirteen, fourteen, fifteen, sixteen, seventeen, eighteen and twenty of chapter one hundred and eight of the Revised Laws, sections seventeen and eighteen of chapter one hundred and twenty-five of the Revised Laws and section thirty-nine of chapter one hundred and sixty- seven of the Revised Laws are hereby repealed. Construction o rr\ mi e j.u- J? J.T. of provisions, SECTION 69. Ihe provisions ot this act so far as they are etc. the same as these of existing statutes, shall be construed as a continuation thereof and not as new enactments, and a ref- erence in a statute which has not been repealed to provisions of law which have been wholly or partially revised and re- enacted herein shall be constr.ued as applying to such provisions e t r c oce n^ ngs> as incorporated in this act. The repeal of a law by this act affected, shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action, suit or proceeding commenced under any of the laws repealed before the repeal took effect, or any action, suit or prosecution pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred, under any of the laws re- pealed, but the proceedings shall, when necessary, conform to the provisions of this act. Any provision of this act by which a punishment, penalty or forfeiture is mitigated may be ex- tended and applied to any judgment pronounced after said repeal. Whoever, when said repeal takes effect, holds an office under any of the laws repealed shall continue to hold it accord- ing to the tenure thereof unless it is abolished or unless a dif- ferent provision relative thereto is made by this act. 48 PART II. OF RAILROAD CORPORATIONS. PART II. OF RAILROAD CORPORATIONS. SECTION 1-2. Matters of construction. 3-5. Corporations subject to the provisions of the chapter. 6-7. Rights reserved by the com- monwealth. 8-12. Special charters. 13-28. Incorporation under general laws. 29-30. Organization. 31-32. Officers. 33-39. Meetings. 40-47. Capital stock. 48-56. Bonds and mortgages. 57-62. Taking securities of other cor- porations. 63-64. Stock and scrip dividends. 65-70. Issue of capital stock, bonds, coupon notes and other evi- dences of indebtedness. 71-125. Location and construction of railroad. (a). Conditions precedent (71-72). (6). Laying out railroad (73-81). (c). Taking land and damages therefor (82-100). (d). Embankments, fences, etc. (101-104). (e). Crossings (105-125). 126. Branches and extensions. 127-128. Opening the railroad for use. SECTION 129-204. Equipment and operation, (a). Drawbridges (129-136). (6). Stations (137-140). (c). Switches, bridge guards, etc. (141-143). (d). Signals, etc., at crossings (144-156). (e). Equipment of engines and cars (157-180). (/). Fares, tolls, charges, etc. (181-183). v (g). Transportation of passengers (184-191). (h). Transportation of mails (192- 194). (i). Transportation of merchan- dise (195-201). 0"). Transportation of milk (202- 204). 205-210. Connecting railroads. 211-217. Taxation. 218-222. Liens for labor and materials. 223-225. Change of name. 226-231. Dissolution. 232-241. Offences and penalties. 242-247. Accidents. 248-250. Books and returns. 251-252. Railroads for private use. 253-257. Corporations to construct rail- roads in foreign countries. Definitions. 1874, 372, 2. P. S. 112, 1. 1892, 110. 1898, 578, 1. 1901, 503. R. L. Ill, 1. Application to certain matters arising in Boston. 1874, 372, 5. 1881,91, 1. P. S. 112, 2. 1885, 194, 2. R. L. 111. 2. MATTERS OF CONSTRUCTION. SECTION 1. In this act unless the context otherwise requires: "Railroad and railways" means all railroads and railways except tramways in mines and marine railways. "Railroad" means a railroad or railway of the class usually operated by steam power. "Railroad corporation" means the corporation which lays out, constructs, maintains or operates a railroad of the class usually operated by steam power. "Board of aldermen" or "selectmen" includes the board or other authority exercising the powers of a board of aldermen or of selectmen; but nothing herein shall be construed as affecting the veto power of a mayor of any city. "Public way" means any way laid out by public authority. SECTION 2. The duties imposed by the provisions of this act upon county commissioners as a tribunal of original jurisdiction relative to the fixing of routes or to the location, construction, maintenance and operation of railroads shall, in the city of Bos- ton, unless it is otherwise expressly provided, devolve upon the board of aldermen of said city. When, in cases arising in said city, a jury is required, application therefor shall be made to the superior court in the manner prescribed in section ninety of chapter forty-eight of the Revised Laws, and duties imposed PART II. OF RAILROAD CORPORATIONS. 49 upon the county commissioners by reference or appeal from the board of aldermen of other cities shall devolve upon the board of railroad commissioners. Revised Laws, Chapter 48, 90. SECTION 90. The damages sustained in any case described in the Application preceding section shall be paid by the city of Boston, and said city or luUrwr court, any party interested may, within the time specified for a like purpose Vi |Y'iog in section twenty-eight, file a petition for a jury in the superior court R. s.' 24, 55.' for the county of Suffolk, and thereupon, after such notice as the court Q 84 |; 43^ 79 shall order, a trial shall be had in said court, in the same manner as other isVo, 75, 2. civil cases are there tried by jury and, on request of either party, the p. s.' 49,' 86. jury shall take a view. {fjf; f?J; 3 2 Met. 225. 3 Allen, 538. 183 Mass. 421. 20 Pick. 201. 12 Gray, 209. 99 Mass. 236. 197 Mass. 412. 14 Gray, 214. 106 Mass. 553. See 1906, 214, 2S8, 393. SECTION 3. Railroad corporations which have been hereto- Corporations fore established in this commonwealth shall be subject to the chapter. 101 provisions of Parts I and II; which, so far as inconsistent with aiillifi 5 ' charters granted since the eleventh day of March in the year p 87 g ' f/l 1 1| - eighteen hundred and thirty-one, shall be an alteration and amendment thereof; but the provisions of this section shall not impair the validity of any special power heretofore conferred by charter or other special act upon a particular railroad cor- poration which had exercised such power before the first day of February in the year eighteen hundred and seventy-five, or prevent the continued exercise thereof conformably, so far as may be, to the provisions of this act. SECTION 4. A railroad corporation chartered by the concur chartered rent legislation of this and other states shall, as regards any le^shTtio" 6111 portion of its railroad lying within this commonwealth, be en- 8 i69. 372> titled to all the benefits and be subject to all the liabilities of R. t.ViVlli. the railroad corporations of this commonwealth. SECTION 5. If a railroad which has been laid out and con or trustees structed by one corporation is lawfully maintained and operated S of g other by another corporation, the latter corporation shall be subject i874? r 372 n 8 3. to the provisions of this act respecting or arising from the main- R L.Vn, 5. tenance and operation of such railroad, as if such railroad had {74 j^ass' 379' been laid out and constructed by it. If a railroad is lawfully maintained and operated by trustees, they shall in like manner be subject to the provisions of law respecting or arising from the maintenance and operation of such railroad which apply to the corporation for whose stockholders or creditors they are trus- tees. EIGHTS RESERVED BY THE COMMONWEALTH. SECTION 6. The provisions of this act shall not impair the Rights re- rights of the commonwealth as asserted or reserved in previous monweaith 00 statutes, and the commonwealth may, at any time during the Q] I. o!', | its. continuance of the charter of a railroad corporation after the Jf^ f^ * expiration of twenty years from the opening of its railroad for | l^ 80 ' use, purchase of the corporation its railroad and all its fran- e, 7. 50 PART II. OF RAILROAD CORPORATIONS. R. L. Ill, 6. See 1910, 187; 1912, 725. Common- wealth may take railroad. 1870, 325, 2. 1874, 372, 181. P. 8. 112, 8. R. L. Ill, 7. [For R. L. 48, 90, see page 49.] Petition for charter to be accompanied by report of engineer, map, etc. 1833, 176. R. 8. 39, 46. 1848, 327, 1. 1849, 131, 2. G. 8. 63, 13. P. S. 112, 29. R. L. Ill, 30. chise, property, rights and privileges by paying therefor such amount as will reimburse to it the amount of capital paid in, with a net profit thereon of ten per cent a year from the time of the payment thereof by the stockholders to the time of the purchase. SECTION 7. The commonwealth may, at any time after one year's notice in writing to a railroad corporation, take and pos- sess its railroad, franchise and other property; and shall pay therefor such compensation as may be awarded by three com- missioners, who shall be appointed by the supreme judicial court, who shall be sworn to appraise the same justly and fairly, and who shall estimate and determine all damages sustained by it by such taking. A corporation which is aggrieved by their determination may have its damages assessed by a jury in the superior court for the county of Suffolk, in the manner pro- vided in section ninety of chapter forty-eight of the Revised Laws. SPECIAL CHARTERS. SECTION 8. A petition to the general court for a charter for a railroad corporation shall not be acted upon, unless it is ac- companied by a map of the route on an appropriate scale, with a profile thereof on a vertical scale of ten to one as compared with the horizontal scale, and by the report of a competent en- gineer, based on actual examination and survey, showing the kind and amount of excavation, filling, bridging and masonry required, the grades, the number of highways and of other rail- roads, and of navigable streams and tide waters, to be crossed, and the manner of crossing the same, the general profile of the surface of the country through which the railroad is to pass, the feasibility of the route, the manner of constructing the railroad, and a detailed estimate of the cost of construction. Nptice of cer- tain petitions to be pub- lished. 1831, 43, 1. 1832, 59. R. 8. 2, 7, 8. 1857, 261. 1-4. G. 8. 2, 8-11. 1871, 381, 11. P. S. 2, 5-8. 1885, 24, 5 1. 1890, 302. 114 Mass. 592, 599, 600. Deposit of petitions. 1857, 261, 5. G. S. 2, 12. 1862, 91, 3. P. S. 2, 9-14. PETITIONS TO THE GENERAL COURT. Revised Laws, Chapter 3, 5, 7. SECTION 5. Whoever intends to present to the general court a peti- tion for the incorporation of a city or town, for the division of an existing city or town, for the incorporation of a railroad, street railway, elevated railroad or canal company or for the amendment, alteration or extension of the charter or corporate powers or privileges of any such company, whether specially incorporated or organized under general laws, or for authority to take water for a water supply, or relative to building structures over navigable or tide waters, shall give notice of such petition by pub- lishing a copy thereof once in each of three successive weeks in such news- paper or newspapers as the secretary of the commonwealth, having regard to the locality of the interests involved in such petition, shall direct; the last publication to be made at least fourteen days before the session at which the petition is to be presented. SECTION 7. On or before the first day of January, a petition described in section five shall be deposited in the office of the secretary of the commonwealth and a petition described in section six shall be deposited in the office of the secretary of the board of education, with proof of PART II. OF RAILROAD CORPORATIONS. 51 publication satisfactory to the secretary with whom it is so deposited, iffg'Hi^ and he shall transmit it to the general court during the first week of the [# Op. A.'G. session with an endorsement that the required publication has been made, fff^ Jt81> 2 . SECTION 9. Plans and profiles which may be presented to a Plans, etc.. to committee of the general court in the hearing of a petition for tat8brary. such a charter shall be deposited by it in the state library, G 84 f ; 6 fj 14 p. s. 112, 30. R. L. 111. 31. SECTION 10. Such petition shall not be acted upon, until ^beacted* notice thereof has been published according to law, designating u P. n until the route with such certainty as to give reasonable notice to all isss, 176.' "R S *^Q & 4-7 persons interested therein that their rights may be affected by G! s! 63,' 15. the granting of the petition, and that they may have an oppor- R. |'. in', 1 32! tunity to appear and object thereto. SECTION 11. Every charter shall confine the railroad within Railroad to be the limits indicated by the notice required in the preceding sec- periled, tion, shall specify the several cities and towns through which ! i; Is.' f il'. the railroad may pass, and shall otherwise designate the route ^ |; J}f; | jjf- thereof with as much certainty as the nature of the case will admit. SECTION 12. The route of the railroad of a corporation es- chartered tablished by special charter, and of its branches and extensions, located, etc., shall be fixed according to the provisions of sections twenty and chapter 1 " 8 twenty-one except so far as they may have been fixed by special P 87 |' ^| | ijjj- statute: and such railroad, branches and extensions shall be 1882. 265, 3 . ,. . . < i R. L. Ill, 34. located and constructed according to the provisions or this act regulating the location and construction of railroads by cor- porations incorporated under general laws, except that section eighteen shall not apply, if authority so to locate and construct has been granted by special act of the general court. INCORPORATION UNDER GENERAL LAWS. Formation. SECTION 13. Fifteen or more persons may associate them- incorporation selves by a written agreement of association w r ith the intention corporations. of forming a raiload corporation. is', 372* $19. P. S. 112, 34. R. L. Ill, 35. 124 Mass. 368. 201 Mass. 679. SECTION 14. The agreement of association shall state: Agreement of (a) That the subscribers thereto associate themselves with corporate ' the intention of forming a railroad corporation. 3rsu,i*. (6) The corporate name assumed, which shall be one not in 8 2o.' 298: 372> use by any other railroad corporation in this commonwealth, or, p 87 |; ^|- 1 1- 5 in the judgment of the board of railroad commissioners, so g- L. m, 36. *ii i i-i i i f t i t_ **** !""> * - similar thereto as to be likely to be mistaken tor it, and which shall contain the words, "railroad corporation", at the end thereof. (c) The termini of the railroad. (d) The length of the railroad, as nearly as may be. (e) The name of each county, city and town in which the railroad is to be located. 52 PART II. OF RAILROAD CORPORATIONS. Associates' authority. 1872, 53, 3,4. 1874, 372, { P. 8. 112, R. L. Ill, Publication of agreement of association. 1872. 53, 5. 1874, 372, 22. P. S. 112, 37. R. L. Ill, 38. Map of route, report of engineer and estimates. 1872, 53, 6; 180, 3. 1874, 372, 23. P. S. 112, 38, R. L. Ill, 39. 124 Mass. 375. (/) The gauge of the railroad, which shall be either four feet eight and one half inches, or three feet. (g) The total amount of the capital stock of the corporation, which shall be not less than ten thousand dollars for each mile, if the gauge is four feet eight and one half inches, and not less than five thousand dollars for each mile, if the gauge is three feet. (h) The par value of the shares, which shall be one hundred dollars. (i) The names and residences of at least five persons, who shall be subscribers to the agreement of association, to act as directors until others are chosen and qualified in their stead. Each associate shall subscribe to the agreement of associa- tion his name, residence, post office address, and the number of shares of stock which he agrees to take; but no subscriber shall be bound to pay more than ten per cent of the amount of his subscription unless a corporation is incorporated. SECTION 15. The associates may from time to time, at a meeting called for the purpose, reduce the amount of the capital stock, but not below the limit prescribed in the preceding sec- tion; and they may, in like manner, change the gauge of their railroad to the other gauge allowed by said section. The direc- tors shall appoint a clerk and a treasurer, who shall hold their respective offices until a clerk and a treasurer of the corporation are chosen and qualified in their stead. The directors shall fill any vacancy in their board, or in the office of clerk or treasurer, before the organization of the corporation. SECTION 16. The directors, before fixing the route of the railroad as hereinafter provided, shall cause a copy of the agree- ment of association to be published in a newspaper, if any, pub- lished in each of the cities and towns in which the railroad is to be located, and if, in any county, a newspaper is published in none of said cities and towns therein, in such newspaper pub- lished in said county as shall be designated by the board of railroad commissioners, at least once in each of three successive weeks; and, three weeks before fixing said route, shall also cause a copy of said agreement to be posted in two or more public places in each of said cities and towns in which said railroad is to be located; and the sworn certificate of the clerk shall be con- clusive evidence of such publication and posting. SECTION 17. The directors shall prepare a map of the route on an appropriate scale, with a profile thereof on a vertical scale of ten to one as compared with the horizontal scale, and shall procure the report of a competent engineer, based on actual examination and survey, showing the kind and amount of excavation, filling, bridging and masonry required, the grades, the number of highways and of other railroads, and of navi- gable streams and tide waters, to be crossed, and the manner of crossing the same, the general profile of the surface of the country through which the railroad is to pass, the feasibility of the route, the manner of constructing the railroad, and a de- tailed estimate of the cost of construction. PART II. OF RAILROAD CORPORATIONS. 53 SECTION 18. After compliance with the provisions of sec- Certificate tions thirteen to sixteen, inclusive, and within thirty days after convenience the first publication of notice of the agreement of association Erigency 881 **' therein required, the directors therein named shall apply to the J 88 ^ f^> | 5 board of railroad commissioners for a certificate that public con- venience and necessity require the construction of a railroad as proposed in such agreement. If said board refuses to issue such certificate, no further proceedings shall be had, but the applica- tion may be renewed after one year from the date of such re- fusal. SECTION 19. The directors shall submit said map and report submission of to the board of aldermen of every city and to the selectmen of bowdof aider- every town named in the agreement of association, who shall uff^tsi, 12. thereupon appoint a time and place for a hearing, of which p 87 |' \\% 1 notice shall be given by publication in a newspaper published R - L - in - 41 - in said city or town, or if none is published therein, in such newspaper published in the county in which said city or town is situated as shall be designated by the board of railroad com- missioners, at least once in each of two successive weeks, the last publication to be at least two days before the hearing; and by posting copies -of said notice in two or more public places in said city or town at least two weeks before such hearing. SECTION 20. If the board of aldermen of a city or the select- Route may be i i t> f agreed upon. men ot a town named in the agreement or association, after 1372, 53, 7; such notice, exhibition of the map and the hearing, agree with 1874, 372, 25. the directors as to the said route or as to any route of the rail- R. L. nil f 42.' road in said city or town, they shall in such agreement fix the 124 Mass - 376- route, and sign and give to the directors a certificate setting it forth. SECTION 21. If they fail so to agree, the directors may peti maybe tion the board of railroad commissioners to fix the route in said board of city or town; and said board, after notice to said board of al- dermen or selectmen, shall hear the parties, and fix the route in 1^72^3, 8 - such city or town, and make a certificate setting forth the route J 8 ^ $ 2 26 as fixed by it, which shall be certified by its clerk to the direc- P- s.' 112', 41. tors. The costs of the petition shall be paid by the directors. 124 Mass.' 376.' All variations from the route first proposed shall be made upon the map. SECTION 22. The route fixed under the provisions of the two spurs and preceding sections may include such spurs, branches and con- ^mffigi, 3. necting and terminal tracks in any city or town as may be nee- P 87 |' ^ 7 | | ^7, essary to enable the corporation conveniently to collect and ^A, 111 '!-! 4 * ,,. if- i i i 11 124 Mass. 376. deliver passengers and freight therein; but no such branches, spurs or connecting or terminal tracks shall be laid longitudi- nally within the limits of a public way without the consent of the board of aldermen or the selectmen, who, in giving such consent, may impose such conditions as to the location, con- struction and use thereof as may be agreed upon between them- selves and the directors. A corporation which owns or operates any such tracks so laid longitudinally in a public way shall, in respect to the same, be liable to the city or town for all loss or missToners m ~ 54 PART II. OF RAILROAD CORPORATIONS. damage caused to it by the construction and use of such tracks and by the negligence or default of the agents or workmen of such corporation on such way. SECTION 23. When the amount of capital stock named in the deposited ^ith a g reement of association has been subscribed in good faith by board of responsible persons, and ten per cent of the par value of each railroad com- 111 n i i IT missioners. share has been actually paid m cash to the treasurer, the direc- il?4; 372, 1 28. tors, clerk and treasurer shall annex to the agreement of associa- R. L. in! 45! tion their certificate setting forth these facts, and that it is in- tended in good faith to locate, construct, maintain and operate the railroad upon the route fixed, shall also annex to said agree- ment the certificate of publication specified in section sixteen, and the several certificates fixing the route, shall present the same for inspection to the board of railroad commissioners, and shall at the same time deposit in the office of said board the report of the engineer and the map. TO e r^ln^e f SECTION 24. When it is shown to the satisfaction of the Filing board of railroad commissioners that the requirements of this Certificate of , ,. . , . ., . incorporation, chapter preliminary to the incorporation of a railroad corpora- 1874,' 372, 8 29. tion have been complied with, and that an amount sufficient in P 88 s.' 112, 44. its judgment to pay all damages immediate or consequential R. L. 111, i 46. wn i cn may be occasioned by laying out, making and maintain- ing the railroad, or by taking any land or materials therefor, has in good faith been paid in cash to the treasurer, and when said board is satisfied by a bond, or such other assurance of good faith as it may consider necessary and require, that said amount will remain in the hands of said treasurer until it is drawn out for the lawful expenditures of the corporation, the clerk of said board, upon its order, shall annex to the agreement of association a certificate stating that such requirements have been complied with. The directors shall thereupon file the agreement of association, with all the certificates annexed there- to, 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 : COMMONWEALTH OF MASSACHUSETTS. certificate ^ e ^ 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 corporation], for the puroose of locating, constructing, maintaining and operating a railroad [description of the railroad 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 corporation], with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in all general laws which now are or hereafter may be in force relating to railroad corporations. PART II. OF RAILROAD CORPORATIONS. 55 In witness whereof, I have hereunto subscribed my official signature, and affixed the Great Seal of said commonwealth, this day of , in the year [day, month and year.] The secretary of the commonwealth shall sign the certificate Certificate to of incorporation, and cause the Great Seal of the commonwealth b< to be thereto affixed, and such certificate shall have the force and effect of a special charter. The secretary of the common- wealth shall also cause a record of the certificate of incorpora- tion to be made, and such certificate, or such record, or a certi- fied copy thereof, shall be conclusive evidence of the existence of such corporation. SECTION 25. If the capital stock fixed in the agreement of reduction 8 ^ association is found to be insufficient for the construction and SP i n ta i to <*;. P i M i i . 11 i 1872, 53, 15. equipment or the railroad, the corporation at a meeting called ISTS, 121, 11. for the purpose may, subject to the provisions of section sixty- R. L. m!48! five, increase the same, from time to time, to the amount neces- sary for those purposes. It may, at a meeting called for the purpose, reduce the amount of the capital stock, but not below the limit prescribed in section fourteen. It may, also, in like Change of manner, change the gauge to the other authorized gauge; but a f a a ted ere corporation organized to construct its railroad on a gauge of 1879> 156 ' three feet shall not change such gauge to four feet eight and one half inches without complying with all provisions of law rela- tive to the capital stock of railroads of the broad gauge; and the fact that such provisions have been complied with shall be shown to the satisfaction of the board of railroad commissioners, and indorsed by its clerk upon the certificate of such change of gauge before it is filed in the office of the secretary of the com- monwealth. A certificate of the increase or reduction of capital or change of gauge shall, within thirty days thereafter, be filed in the office of the secretary of the commonwealth. SECTION 26. The agreement of association, and all proceed- Proceedings ings thereunder, including the fixing of the route, shall be void, 1882, 265, 2._ unless the certificate of incorporation is issued within one year after the time the route is fixed as provided in section twenty or twenty-one. SECTION 27. If a corporation does not begin the construe- Limit^of time tion of its railroad and expend thereon at least ten per cent of ftmof ntt- the amount of its original capital stock within two years after 1872', 53, 10. the date of its certificate of incorporation, and does not com- ^; |'. lif; | ts. plete and open its railroad for use within four years after said date, its corporate powers and existence shall cease. SECTION 28. A corporation which has a railroad of the gauge Capital stock of three feet shall not begin running its trains, until its paid-up gaugcTraii- capital stock is equal to one half of its cost, including equip- i874 9 '298 merit P- s' 11 2. 45. melu " R. L. Ill, 48. ORGANIZATION. SECTION 29. Upon the issue of such certificate of incorpora- First meeting tion, the first meeting of the incorporators shall be called by a tor s ncc notice signed by a majority of the directors; and such notice 55 Js/u.' 56 PART II. OP RAILROAD CORPORATIONS. R' L" 111' I Is' S ^ a ^ state the time, place and purposes of the meeting. A copy See 1903, 437, ' of such notice shall, seven days at least before the day ap- pointed for the meeting, be given to each incorporator or left at his residence or usual place of business, or deposited in the post office, postage prepaid, and addressed to him at his resi- dence or usual place of business, and another copy thereof, and an affidavit of the clerk that the notice has been duly served, shall be recorded with the records of the corporation. If all of the incorporators shall in writing waive such notice, and fix the time and place of the meeting, no notice shall be required. ?8 r fi, m S n ' SECTION 30. At such first meeting, or at any adjournment G s ei s thereof, the incorporators shall organize by the adoption of by- i87o, 224, 10. laws, and by the election, by ballot, of not less than five direc- R'. L. no,' 19! tors. The clerk appointed by the directors under section fifteen To. shall make and attest a record of the proceedings until the clerk has been chosen and sworn, including a record of such choice and qualification. OFFICERS. R ffi i cer iio 22 SECTION 31. The business of every corporation shall be man- sZefi 03 1 '437 8 ' a S e( i anc ^ conducted by a president, a board of not less than five e i7. directors, a clerk, a treasurer and such other officers and such agents as the corporation by its by-laws shall authorize. ^ectkm of SECTION 32. The directors shall be elected annually by the R.L.I 10, stockholders by ballot, and the president shall be elected annu- R. L.'iii, ss. ally by and from the board of directors, and the treasurer and e is. ' the clerk annually by said board. Every director, unless the by-laws otherwise provide, shall be a stockholder. The treas- urer may be required to give a bond for the faithful perform- ance of his duty in such sum and with such sureties as the by- laws may prescribe. The clerk, who shall be a resident of this commonwealth, shall be sworn, and shall record all votes of the corporation in a book to be kept for that purpose. The officers of a corporation shall hold office for one year and until their successors are chosen and qualified. The manner of choosing or of appointing all other agents and officers and of filling all vacancies shall be prescribed by the by-laws, and, in default of provision by such by-laws, vacancies may be filled by the board of directors. Ada of 1907, Chapter 282. An Act relative to Changes in Officers of Domestic Corporations. Changes in SECTION 1. Whenever any change is made in the officers of a domestic notice%tc. corporation the corporation shall forthwith file in the office of the com- ^9oT, d i80 by missioner of corporations a certificate of such change, signed and sworn to by the president, clerk and a majority of its directors. Clerk to be SECTION 2. Any such corporation which omits to make and file a Common- certificate as aforesaid within thirty days after such a change has been made, or which fails to keep a clerk of the corporation in this Common- Penalty, wealth, shall forfeit not more than five hundred dollars, to be recovered in the manner prescribed by section fifty of chapter four hundred and thirty-seven of the acts of the year nineteen hundred and three. PART II. OF RAILROAD CORPORATIONS. 57 SECTION 3. Every officer of such corporation who fails to perform Penalty for any duty imposed upon him by this act shall be liable to a fine of not failure - etc - more than five hundred dollars. [Approved April 6, 1907. MEETINGS. SECTION 33. There shall be an annual meeting of the stock- ^^^ holders, and the time and place of holding it, and the manner R. L. in, 55. of conducting it, shall be fixed by the by-laws. All meetings of e lo. stockholders shall, unless the by-laws otherwise provide, be held in the commonwealth ; and shall be called, and notice thereof J{[j of given, in the manner provided in the by-laws of the corpora- tion; or, if the by-laws make no provision therefor, shall be called by the president, and a written or printed notice, stating the place, day and hour thereof, given by the clerk, at least seven days before such meeting, to each stockholder by leaving such notice with him or at his residence or usual place of busi- ness, or by mailing it, postage prepaid, and addressed to each stockholder at his address as it appears upon the books of the corporation. Unless the by-laws otherwise provide, a majority Quorum, etc. in interest of all stock issued and outstanding and entitled to vote shall constitute a quorum. Notices of all meetings of stockholders shall state the purposes for which the meetings are called. No notice of the time, place or purpose of any regular or special meeting of the stockholders shall be required, if every stockholder, or his attorney thereunto authorized, by a writing which is filed with the records of the meeting, waives such notice. SECTION 34. If, by reason of the death or absence of the offi- Meetings ' , . may be called cers of a corporation or other cause, there is no person author- under warrant ized to call or preside at a legal meeting, or if the clerk or other tnVp^ac C e e in officer refuses or neglects to call it, a justice of the peace may, i833,'49. upon written application of three or more of the stockholders, |; ||; 5! issue a warrant to any one of them, directing him to call a J^- 1 }* meeting by giving such notice as is required by law, and may, see 1903, 437, by the same warrant, direct him to preside at the meeting until a clerk is chosen and qualified, if no officer of the corporation is present who is legally authorized to preside. SECTION 35. A special meeting of the stockholders shall be special called, and a written or printed notice thereof, stating the time, R e L m ni, se. place and purpose of the meeting, given, by the clerk upon j e | 2 1903 ' 437f written application of three or more stockholders who are en- titled to vote, and who hold at least one tenth part in interest of the capital stock. SECTION 36. A corporation shall not, directly or indirectly, Voting right i f . , i of corporation vote upon any share or its own stock. upon its own R. L. Ill 57. See 1903, 437, 23. 8tock - SECTION 37. Stockholders who are entitled to vote shall j^fe? ck ~ have one vote for each share of stock owned by them. Stock- p/ ?* 6 *-' . 25 holders may vote either in person or by proxy. No proxy R.I.', in, 57! which is dated more than six months before the meeting named f^! 903 ' 437> therein shall be accepted, and no such proxy shall be valid after the final adjournment of such meeting. 58 PART II. OF RAILROAD CORPORATIONS. Voting right of fiduciary stockholders. 1829. 53, 12. R. S. 38, 35. 1838, 98, 2. G. S. 68, 11. Meetings of directors. See 1903, 437, 25. SECTION 38. Executors, administrators, conservators, guard- ians, trustees or persons in any other representative or fiduciary capacity may vote as stockholders upon stock held in such capacity. P- s. 105, 13. R. L. 109, 17. See 1903, 437. 29. 9 Cush. 192. 101 Mass. 398. SECTION 39. Meetings of the board of directors may be held within or without the commonwealth. Any meeting of the board of directors shall be a legal meeting without notice, if each director, who is absent, by a writing which is filed with the records of the meeting, waives such notice. Stock certifi- cates. R. L. 110, 27. R. L. Ill, 59, See 1903, 437, 26. Transfer of stock. 1833, 187, 8. R. S. 39, 52. G. S. 63, 11. 1874, 372, 44. 1881, 302. P. S. 112, 56. R. L. 109, 37. R. L. Ill, 59. 1903. 423, 437, 28. 12 Gray, 213, 227. 3 Allen, 342. 8 Allen, 15. 134 Mass. 239. 159 Mass. 64. 182 Mass. 555. 1910, 171. Stock books, and corporate records. R. L. 109, 32-35. ' See 1903, 437, 30. CAPITAL STOCK. SECTION 40. Each stockholder shall be entitled to a certifi- cate, which shall be signed by the president and by the treas- urer of the corporation, or by such other officers as may be authorized by the by-laws, shall be sealed with its seal, and shall certify the number of shares owned by him in such corporation. SECTION 41. The delivery of a certificate of stock by the person named as the stockholder in such certificate or by a per- son entrusted by him with its possession for any purpose to a bona fide purchaser or pledgee for value, with a written trans- fer thereof, or with a written power of attorney to sell, assign or transfer the same, signed by the person named as the stock- holder in such certificate, shall be a sufficient delivery to trans- fer title as against all persons; but no such transfer shall affect the right of the corporation to pay any dividend due upon the stock, or to treat the holder of record as the holder in fact until it has been recorded upon the books of the corporation, or until a new certificate has been issued to the person to whom it has been so transferred. Such purchaser, upon delivery of the former certificate to the treasurer of the corporation, shall be entitled to receive a new certificate. A pledgee of stock trans- ferred as collateral security shall be entitled to a new certificate if the instrument of transfer substantially describes the debt or duty which is intended to be secured thereby. Such new certificate shall express on its face that it is held as collateral security, and the name of the pledgor shall be stated thereon, who alone shall be liable as a stockholder, and entitled to vote thereon. SECTION 42. The certificate of incorporation, and an attested copy of the agreement of association, and of the by-laws, with a reference on the margin of the copy of the by-laws to all amend- ments thereof, and a true record of all meetings of stockholders, shall be kept by the corporation at its principal office for the inspection of its stockholders. The stock and transfer books of such corporation, which shall contain a complete list of all stockholders, their residences and the amount of stock held by each, shall be kept at an office of the corporation for the in- spection of its stockholders. Said stock and transfer books and said attested copies and records shall be competent evidence in any court of this commonwealth. If any officer or agent of a corporation having charge of such copies, books or records re- PART II. OF RAILROAD CORPORATIONS. 59 fuses or neglects to exhibit them or to submit them to examina- tion as aforesaid, he or the corporation shall be liable to any stockholder for all actual damages sustained by reason of such refusal or neglect, and the supreme judicial court or the supe- rior court shall have jurisdiction in equity, upon petition of a stockholder, to order any or all of said copies, books or records to be exhibited to him and to such other stockholders as may become parties to said petition, at such a place and time as may be designated in the order. SECTION 43. The directors of a corporation may, unless Lostoertm- otherwise provided by the by-laws, determine the conditions R^; no, 28. upon which a new certificate of stock may be issued in place of f 6 !/ 903 ' 437> any certificate which is alleged to have been lost or destroyed. They may, in their discretion, require the owner of a lost or destroyed certificate, or his legal representative, to give a bond with sufficient surety to the corporation, in a sum not exceeding double the market value of the stock to indemnify the corpora- tion against any loss or claim which may arise by reason of the issue of a certificate in place of such lost or destroyed stock cer- tificate. SECTION 44. Every corporation shall, once in every five unclaimed years, publish three times successively in a newspaper in the iss^se. 8 ' city of Boston, and also in a newspaper in the county in which p'i'^o'5 S 27 the principal office of the corporation is located, a list of all ^190^ ' 4 | 7 4a dividends which have remained unclaimed for two years or 32. more and the names of the persons to whose credit such divi- dends stand. SECTION 45. The directors may from time to time assess Assessments upon each share such amounts, not exceeding in all one hun- R P S! 39? r 53. dred dollars on a share, or the price fixed under the provisions a 5 !.' Is?' of section seventy, as they think proper, and may direct the f!^^ 45 same to be paid to the treasurer, who shall give notice thereof P- |- J|2, 57. to the subscribers. If a subscriber has made no payment upon See 1903,437, his shares, the directors, thirty days after an assessment has be- is Met. 311. come due, may declare them forfeited, and may transfer them ? Gray! 544. to any responsible person who subscribes for them and pays the IcJaylli 7 ' assessments then due. If a subscriber neglects, for thirty days f ^' j?j^- after notice from the treasurer, to pay an assessment upon his JioM^s'iil' shares, the directors may order the treasurer, after giving no- i is Mass! 79. ' tice of the sale, to sell such shares by public auction to the high- est bidder, and, upon the payment by him to the corporation of the unpaid assessments, of interest to the date of sale and of the charges of sale, the shares shall be transferred to him. If within thirty days after the sale the purchaser does not make said payment to the corporation, the sale shall be cancelled, and the subscriber shall be liable to the corporation for the unpaid assessments, interest thereon and charges of sale. If the amount so paid by the purchaser to the corporation is more than the amount for which the shares were sold, the subscriber shall be liable to the purchaser for the deficiency; if it is less, the purchaser shall be liable to the subscriber for the surplus. 60 PART II. OF RAILROAD CORPORATIONS. If a subscriber neglects to pay his assessment for thirty days as above provided, the directors may elect to proceed by an action at law against said delinquent subscriber to recover all amounts due and payable by him with interest. If a judgment rendered in an action against a subscriber remains unsatisfied for thirty days, all amounts previously paid by him shall be forfeited to the company and the directors may offer such shares for sale as above provided. ca c itautock SECTION 46. A railroad corporation, for the purpose of build- 1874 351, 2; i n g a branch or extension, or of aiding in the construction of i." ' another railroad, or of taking stock in a grain elevator corpora- 1894, 502.' ' tion in the organization of which it is an associate, or of erect- R. L. in. 61. - n g ant j O p era ti n g grain elevators within this commonwealth, or of building depots, or of abolishing grade crossings, or of making permanent investments or improvements, or of funding its floating debt, or of refunding its funded debt, or for the pay- ment of money borrowed for any lawful purpose, or for other necessary and lawful purposes, may, from time to time, in accordance with the provisions of section sixty-five, increase its capital stock or bonds beyond the amounts fixed and limited by its agreement of association or its charter, or by any special law. unauthorized' SECTION 47. If a railroad corporation owning a railroad in increase of this CO mmon wealth and consolidated with a corporation owning capital stock. . . . . 1871, 389. a railroad m another state increases its capital stock, or the cap- 177. ' ital stock of such consolidated corporation, except as authorized R. L. in! 62! by this act, without authority of the general court, or without i42MaS!i46. such authority extends its line of railroad, or consolidates with any other corporation, or makes a stock dividend, the charter and franchise of such corporation shall be subject to forfeiture. BONDS AND MORTGAGES. t 88 fund f float? 8 [SECTION 48. A railroad corporation may, by vote at a meet- i854 e 286 m & called for the purpose, in accordance with the provisions of i,' 2, 4.' this section and of sections sixty-five and sixty-six, but not 120, i2i. otherwise, issue coupon or registered bonds, coupon notes or 1874, 372, 49. other evidences of indebtedness payable at periods of more than 1876! 176. twelve months from the date thereof to provide means for fund- fs'sl, HI' 62 - ing its floating debt, or for the payment of money borrowed for 1897' 337' an y lawful purpose, and may mortgage or pledge, as security R. L'. in, 63. for the payment of such indebtedness, a part or all of its rail- 10 Allen, 448, ^ . J , , . .. . , 459. road, equipment or franchise, or a part or all 01 its real or per- i?i Mass! 242. sonal property. Such bonds, coupon notes or other evidences f&j%7*S f indebtedness may be issued in amounts of not less than one Repealed* 6 ' hundred dollars each, payable in periods not exceeding fifty seej9is, 784, years from the date thereof, and may bear interest not exceed- See 1908,620, ing seven per cent a year, payable annually or semi-annually, ^909,485. to an amount which, including that of bonds, coupon notes or other evidences of indebtedness previously issued, does not ex- ceed in all the capital stock of the corporation actually paid in at the time; except that, with the approval of the board of rail- road commissioners, it may issue bonds, coupon notes and other PART II. OF RAILROAD CORPORATIONS. 61 evidences of indebtedness payable at periods of more than twelve months after the date thereof to an amount which, including the amount of all such securities previously issued and outstanding may equal, but shall not exceed, twice the amount of its capital stock at the time actually paid in, provided that such securities shall be secured by a mortgage upon all the property and fran- chises, present and future, of the company issuing such securities. Such mortgages shall also secure, upon equal terms with such new securities, all bonds, coupon notes and other evidences of indebted- ness payable more than twelve months from their dates previously issued by, or the payment of the principal of which shall have been assumed or guaranteed by, the mortgagor, and shall contain a covenant on the part of the mortgagor, that the securities which may be secured by such mortgage shall not exceed in amount twice the amount of the capital stock of the mortgagor company actually paid in at the time when such bonds or other securities shall be issued, as determined under the provisions of chapter six hundred and twenty of the acts of the year nineteen hundred and eight, and such bonds, coupon notes or other evidences of in- debtedness shall be recorded by its treasurer in books to be kept in his office. A bond, coupon note or other evidence of indebtedness shall not be issued unless approved by a person appointed by the corporation for that purpose, who shall cer- tify that it is properly issued and recorded.] Acts of 1908, Chapter 620. An Act relative to the Issue of Bonds, Coupon Notes and Other Evidences of Indebtedness by Railroad Corporations and Street Railway Com- panies. SECTION 1. In computing the amount of capital stock of a railroad p^! 6 '^ 63 ,', 48 corporation, electric railroad, street railway or elevated railway com- 57 and 66, pany for the purpose of determining the maximum amount of bonds, lYos! 11 ' coupon notes or other evidences of indebtedness, payable at periods of amended. more than twelve months after the date thereof, under the provisions ofamount on of sections forty-eight, fifty-seven and sixty-six of Part II, or of section g t f ck P when one hundred and eight of Part III, of chapter four hundred and sixty- issuing bonds, three of the acts of the year nineteen hundred and six, and under any parti, 0; similar provisions of any special acts limiting the amount of such securi- Ft*! 1 /' ties, which a raikoad corporation, an electric railroad, a street railway or elevated railway company may issue, to the amount of its capital stock at the time actually paid in, there shall be added to the par value of the capital stock all cash premiums paid into the corporation on all shares issued by such corporation or company subsequent to July ninth, eighteen hundred and ninety-four, under the provisions of chapter four hundred and sixty-two of the acts of the year eighteen hundred and ninety-four or of any similar provisions of law, and the maximum amount of such bonds, notes and other evidences of indebtedness which such corporation or company, unless expressly authorized by its charter or by special law, may issue with the approval of the board of railroad commissioners, shall be limited to the aggregate amount of its issued and outstanding capital stock, determined as provided in this act, and actually paid into its treasury. SECTION 2. This act shall take effect upon its passage. [Approved June 12, 1908. 62 PART II. OF RAILROAD CORPORATIONS. Acts of 1913, Chapter 784, 15, 16. issue of stock, SECTION 15. A railroad corporation may issue shares of capital stock, oThel^evM^ncea bonds, notes or other evidences of indebtedness, for the purpose of fund- of indebtedness ing ics floating debt, or for any other lawful purpose, and may mortgage [ See Op' * i i 11 i i call annual mortgage shall annually call a meeting ot the bondholders or issV'iTs. creditors for whose security they hold the railroad in trust, to G s. es, be held in December, of which notice shall be given by publica- 125, 126. t j on ^ at j eagt ten j avs b e f ore sucn meeting, in two or more PART II. OF RAILROAD CORPORATIONS. 65 daily newspapers in the city of Boston, and in at least one P. s. 112. newspaper in each county in which the railroad is located; and R. il'm, es. at such meeting they shall submit a report for the year, similar to the annual report of railroad directors to stockholders. If they fail to call such a meeting, five or more bondholders or creditors, whose claims secured by the mortgage amount to not less than ten thousand dollars, may in the same manner call such meeting, to be held in the January following said December. SECTION 54. At the annual meeting held under the pro- Election and visions of the preceding section, the bondholders or creditors, by oUru^ees n a majority in interest vote, may, in person or by proxy, elect a 5 !.' 63?' i27. three trustees under the mortgage for the ensuing year, and ^ f; jjf 1 1 ^ until others are chosen and qualified. And the trustees or any of them or a bondholder or creditor may submit the proceed- ings of the meeting for confirmation to a justice of the supreme judicial court, in court or at chambers, first giving notice of his intention so to do to the former trustees under the mort- gage, to the trustees of all other existing mortgages upon the railroad, and to the corporation, seven days at least before the hearing thereon; which notice may be served by an officer or disinterested person. The justice may hear the parties, ratify the election, and enter such decree as he may find necessary to transfer the property to the new trustees; which decree shall be filed in the office of such clerk of the court as the justice may direct. SECTION 55. The supreme judicial court shall have juris- Equity juris- diction in equity of all cases arising under the provisions of supreme ju- the two preceding sections, and of all questions arising out of f^J wj^i 5 railroad mortgages, and may summarily remove a trustee under p- f ^Y^- a railroad mortgage, whether he is in possession of the railroad R. L. m!7o. , . f. , 127 Mass. 43. or not, and appoint a new trustee in his stead. 171 Mass. 244. SECTION 56. A purchaser of a railroad at a sale under a Rights of pur- valid foreclosure of a legal mortgage thereof, and his succes- foreclosure" sors in title, shall, relative to the construction, maintenance and R 88 L. In', 74. operation of said railroad, be subject to all the duties, liabili- m Mass- 244- ties and restrictions, and have all the powers and rights, which the mortgagor was subject to and had at the time of said sale. TAKING SECURITIES OF OTHER CORPORATIONS. SECTION 57. A railroad corporation, unless authorized by Taking securi- the general court or by the provisions of the following five corporations. sections, shall not directly or indirectly subscribe for, take or If?!; Is 7 ,'^i7\ hold the stock or bonds of or guarantee the bonds or dividends i!?^^, 53 of any other corporation; and the amount of the bonds of one ^ |- iff*'!^ or more other corporations subscribed for and held by a rail- ^9? Mass. we. j i . , . i , , J . , 198 Mass. 416. road corporation, or guaranteed by it conformably to special See 1008,620, authority of the general court or the authority given in said ?/Ifw.0m sections, with the amount of its own bonds issued in conformity S08 Mass ' 66S ' with sections forty-eight and forty-nine, shall not exceed at any time the amount of its capital stock actually paid in in cash. 66 PART II. OF RAILROAD CORPORATIONS. SECTION 58. A railroad corporation may hold stock in a telegraph company whose telegraph connects two or more places Stock in a telegraph company. G. s! 63 ? , 12. on the railroad to an amount not exceeding two hundred dollars p. s.' 112', 75! for each mile of railroad so connected. R- L - m . 78. Stock in terminal companies. Guaranty of bonds of steamship companies. 1868, 347, | 1874, 372, | P. S. 112, R. L. Ill, Railroad cor- poration may become asso- ciate in grain elevator cor- poration. 1874, 384, 1-2. P. S. 112, 77, 78. R. L. Ill, 80. Connecting roads may guarantee each other's bonds. 1870, 325, 4. 1871,384. 1874, 372, 56. P. S. 112, 79. R. L. Ill, 81. Railroad cor- porations may aid in con- struction of branches, etc. 1874. 351, 4; 372, 57. P. S. 112, 80, R. L. Ill, 82 171 Mass. 239. Stock or scrip dividends for- bidden, when. Acts of 1912, Chapter 725, Part II, 6. SECTION 6. A railroad corporation may acquire, hold, vote, sell, and negotiate the stock and securities of terminal companies now or hereafter organized under the laws of this commonwealth, and may guarantee the bonds of such companies. A railroad corporation may also acquire, hold, maintain and operate steamship companies, ferries, ferry boats and docks. SECTION 59. A railroad corporation may guarantee, to an amount not exceeding five per cent of its capital stock, the bonds of any corporation incorporated by the general court for the purpose of carrying freight, passengers and mails between any port of this commonwealth and Europe; or, upon adequate security therefor, may issue its own bonds to the same amount, conformably to the provisions of section forty-eight. SECTION 60. A railroad corporation may become an asso- ciate under the provisions of chapter four hundred and thirty- seven of the acts of the year nineteen hundred and three in the formation of a corporation for the purpose of erecting and op- erating a grain elevator within this commonwealth, and may take stock in any elevator corporation so organized, and, at all meetings, and in all transactions of such elevator corporation, the president of the railroad corporation, or in his absence any officer appointed by its board of directors, may represent, act and vote in the name of such railroad corporation. SECTION 61. If two corporations own and operate connect- ing railroads, which are wholly constructed, either corporation may guarantee the bonds of the other, upon such terms and to such an extent as may be authorized at a meeting called for the purpose, if the bonds so guaranteed do not exceed the amount of the capital stock of the corporation by which they were is- sued actually paid in in cash by its stockholders, and if they are in all other respects issued in conformity with law. SECTION 62. A railroad corporation may aid in the con- struction of any branch or connecting railroad within the limits of this commonwealth, whether connecting by a railroad or steamboat line, by subscribing for shares of stock in such cor- poration, or by. taking its notes or bonds to be secured by mort- gage or otherwise, and may vote on all shares of stock so sub- scribed for and held; but a corporation shall not so subscribe to an amount in excess of two per cent of its paid-up capital stock, or mortgage its property to secure the loans or subscrip- tions made by any other corporation under the provisions of this section, except by a vote of a majority in interest of the stock- holders at a meeting called for that purpose. SECTION 63. A railroad corporation shall not declare any stock or scrip dividend or divide the proceeds of the sale of PART II. OF EAILROAD CORPORATIONS. 67 stock or scrip among its stockholders; nor shall any such cor- 1868,310, 1. poration issue any share of stock to any person unless the par 1874! 372^ value of the shares so issued is first paid in cash to its treas- p. s.'io5,i8; urer; nor shall it without authority of the general court in- i894, 3 6 5o, i. crease its capital stock beyond the maximum amount fixed by R - L - 109> * 20 - its act of incorporation, or fixed under the provisions of sec- tion forty-six. SECTION 64. A certificate of stock or scrip issued in viola- Liability of tion of the provisions of the preceding section shall be void; ises'sTo, 2. and each director of the corporation issuing it shall be liable to mf ^ei 5 ' 19: a penalty of one thousand dollars, to be recovered by indict- ]^ 9 ' ^- 1 \ v ment in the county in which he resides, or, if he resides in no county, in the county in which he is commorant, or the offence was committed; but if any such director proves, that, before such issue, he filed his dissent in writing thereto with the clerk, or was absent, and at no time voted therefor, he shall not be so liable. ISSUE OF CAPITAL STOCK, BONDS, COUPON NOTES AND OTHER EVIDENCES OF INDEBTEDNESS. [SECTION 65. A railroad corporation shall issue only such sS,b f onds! tal amounts of stock and bonds, coupon notes and other evidences coupon notes 111 IT -in -i i anc * t ner evi " or indebtedness payable at periods ot more than twelve months dences of in- after the date thereof, as the board of railroad commissioners 1375, iei. may from time to time determine to be reasonably necessary 1894, 450, i : for the purpose for which such issue of stock or bonds has been 462; f i! authorized. Said board shall render a decision upon an appli- ^ 89 ^ | ^ cation for such issue within thirty days after the final hearing U.OP- A - G - thereon. Such decision shall be in writing, shall assign the Seeioos.eso, reasons therefor, shall, if authorizing such issue, specify the see '1912,725, respective amounts of stock or bonds, or of coupon notes or Repealed. 6 ' other evidences of indebtedness as aforesaid, which are author- 1913> 784> 16 ' ized to be issued for the respective purposes to which the pro- ceeds thereof are to be applied, shall, within seven days after it has been rendered, be filed in the office of said board. A cer- tificate of the decision of said board shall, within three days after such decision has been rendered and before the stock or bonds or coupon notes or other evidences of indebtedness as aforesaid are issued, be filed in the office of the secretary of the commonwealth, and a duplicate thereof delivered to the cor- poration. Such corporation shall not apply the proceeds of such stock or bonds or coupon notes or other evidences of indebted- ness as aforesaid to any purpose not specified in such certifi- cate. The provisions of this section shall not require the ap- proval of the board of railroad commissioners to the issue of capital stock or bonds, or of coupon notes or other evidences of indebtedness as aforesaid, authorized by law of this common- wealth, the proceeds of which are to be expended in another state or country, or which are to pay for borrowed money ex- pended in another state or country.] 68 PART II. OF RAILROAD CORPORATIONS. Increase of capital stock. Stockholders to determine price of new shares. Amended, 1909, 369, 1. Auction sale of stock. Board may refuse to ap- prove issue, when. Proviso. Repeal. Acts of 1908, Chapter 636. An Act relative to the Price at which Railroad Corporations and' Street Railway Companies shall offer New Stock to their Stockholders. SECTION 1. Any railroad, street railway, electric railroad or elevated railway company which is in actual possession of and operating a rail- road or railway shall, upon any increase of its capital stock, except as provided in the following section, offer the new shares proportionately to its stockholders at such price not less than the par value thereof as may be determined by its stockholders. The directors upon the approval of such increase, as provided in section sixty-five of Part II and section one hundred and seven of Part III of chapter four hundred and sixty- three of the acts of the year nineteen hundred and six, shall cause written notice of such increase to be given to each stockholder of record upon the books of the company at [the date of the vote to increase,] such date as shall be designated by vote of the directors passed after the approval by the board of such issue, stating the amount of the increase, the number of shares or fractions of shares to which, according to the proportionate number of his shares at [the date of the vote to increase] said date desig- nated by vote of the directors he is entitled, the price at which he is entitled to take them, and fixing a time not less than fifteen days after [the date of such vote to increase] said date designated by vote of the directors, within which he may subscribe for such additional stock. Each stockholder may within the time limited subscribe for his portion of such stock, which shall be paid for in cash before the issue of a certificate therefor. SECTION 2. If the increase in the capital stock which is subject to the provisions of the preceding section does not exceed four per cent of the existing capital stock of the company, the directors, without first offering the same to the stockholders, may sell shares by auction to the highest bidder, at not less than the par value thereof, to be actually paid in cash. They may also so sell at public auction any shares, which, after the expiration of the time limited in the notice required by the preceding section, remain unsubscribed for by the stockholders entitled to take them. Such shares shall be offered for sale in the city of Boston, or in such other city or town as may be prescribed by the board of railroad commissioners; and notice of the time and place of such sale shall be published at least five times during the ten days immediately preceding the sale in each of at least three of such daily newspapers as may be pre- scribed by said board. No shares shall be sold or issued under this or the preceding section for a less amount to be actually paid in cash than the par value thereof. SECTION 3. The determination by the board of railroad commission- ers, under the provisions of section sixty-five of said Part II and section one hundred and seven of said Part IIIj as to the amount of stock which is reasonably necessary for the purpose for which such stock has been authorized shall, in the case of the corporations described in this act, be based upon the price at which such stock is to be issued as fixed by the stockholders: provided, that the board shall refuse to approve any par- ticular issue of stock if, in the opinion of the board, the price fixed by the stockholders is so low as to be inconsistent with the public interest. SECTION 4. All acts and parts of acts inconsistent herewith are hereby repealed, so far as they apply to corporations described in this act. SECTION 5. This act shall take effect upon its passage. [Approved June 13, 1908. PART II. OF RAILROAD CORPORATIONS. 69 Acts of 1909, Chapter 369. An Act to change the Date when Stockholders in Railroad Corporations and Street Railway Companies may subscribe for New Stock. SECTION 1. Section one of chapter six hundred and thirty-six of the IQOS, 636, i, acts of the year nineteen hundred and eight is hereby amended by strik- s^eldo^ 455. ing out the words "the date of the vote to increase", in the fourteenth line, and inserting in place thereof the words : at such date as shall be designated by vote of the directors passed after the approval by the board of such issue, by striking out the words "the date of the vote to increase", in the seventeenth line, and inserting in place thereof the words : said date designated by vote of the directors, and by strik- ing out the words "the date of such vote to increase", in the nineteenth and twentieth lines, and inserting in place thereof the words : said date designated by vote of the directors, so as to read as follows: Sec- tion 1. [For 1908, 636, 1, as amended, see above.} [SECTION 66. A railroad corporation, unless expressly au- Limit of issue thorized by its charter or by special law, shall not issue bonds, ^upon notes coupon notes or other evidences of indebtedness payable at evidence's of periods of more than twelve months after the date thereof to ^a^sfeTz an amount which, including the amount of all such securities i897!337;2; previously issued and outstanding, exceeds in the whole the Amended;' amount of its capital stock at the time actually paid in; except ^iniifi^. that, with the approval of the board of railroad commissioners, it fsTsTraj, is. may issue bonds, coupon notes and other evidences of indebtedness f 7 ^*'//P' payable at periods of more than twelve months after the date *"& 1909 < 3 ' 69 - thereof to an amount which, including the amount of all such se- curities previously issued and outstanding may equal, but shall not exceed, twice the amount of its capital stock at the time act- ually paid in, provided that such securities shall be secured by a mortgage upon all the property and franchises, present and future, of the company issuing such securities. Such mortgage shall also secure, upon equal terms with such new securities, all bonds, coupon notes and other evidences of indebtedness payable more than twelve months from their dates previously issued by, or the payment of the principal of which shall have been assumed or guaranteed by, the mortgagor, and shall contain a covenant on the part of the mortgagor that the securities which may be secured by such mortgage shall not exceed in amount twice the amount of the capital stock of the mortgagor company actually paid in at the time when such bonds or other securities shall be issued, as determined under the provisions of chapter six hundred and twenty of the acts of the year nineteen hundred and eight, but this limitation shall not apply to the issue of bonds for the purpose of paying and refunding at maturity bonds lawfully issued prior to the second day of June in the year eighteen hundred and ninety-seven; nor shall it apply to such of the bonds issued or to be issued under a mortgage as are deposited to retire at or before maturity bonds or other evidences of in- debtedness previously issued and outstanding at the date of such mortgage, and as do not exceed the par value of the funded 70 PART II. OF RAILROAD CORPORATIONS. or other debt so to be retired; and such corporation shall not issue the securities specified in this section unless authorized by vote of its stockholders at a meeting called for the purpose. Nothing in this section shall be construed as limiting the au- thority of the board of railroad commissioners under section sixty-five to specify the respective amount of stock or bonds or coupon notes or other evidences of indebtedness as aforesaid which are authorized to be issued for the respective purposes to which the proceeds thereof are to be applied.] Acts of 1902, Chapter 441. An Act to authorize Corporations to issue Preferred Stock. f Sr^d st^ck 6 " SECTION 1. Every corporation organized under the laws of this com- monwealth shall have power to issue preferred stock to an amount not exceeding at any time the amount of the general stock then outstanding, with such preferences and voting powers or restrictions or qualifications thereof as shall be fixed and determined in the by-laws at the organiza- tion of the corporation; or after organization, by a two thirds vote of all the stock, or by a by-law adopted by a two thirds vote of all the stock, at a meeting duly called for the purpose. general* laws 11 SECTION 2. Such stock shall be issued subject to all general laws of the commonwealth governing the issue of capital stock; and each certifi- cate subsequently issued of stock in the corporation shall have fully and plainly printed thereon the by-law or vote of the corporation authorizing the issue of preferred stock. SECTION 3. This act shall take effect upon its passage. [Approved June 5, 1902. INVESTMENTS IN RAILROAD BONDS. Acts of 1908, Chapter 590, 68. An Act to codify, revise and amend the Laws relative to Savings Banks and Institutions for Savings. PART V. INVESTMENTS. > nd ,o d , bj i SECTION 68. Deposits and the income derived therefrom shall be lyua, 4&i< 8 o; , 1910, 622, w; invested only as follows : 1912, 680; 1913,291. Seel91S,lZ8. RAILROAD BONDS. Massachusetts Railroads. y 8 ? 1 i^' s 9R Third, a. In the bonds or notes, issued in accordance with the laws jx. AJ. llo, S *" . . . ci.3, c. of this commonwealth, of a railroad corporation incorporated therein the o/ railroad of which is located wholly or in part therein, which has paid in {r dividends in cash an amount equal to not less than four per cent per * ( * i i i /* 1 annum on all its outstanding issues of capital stock in each fiscal year for the five years next preceding such investment, or in the first mort- gage bonds of a terminal corporation incorporated in this commonwealth and whose property is located therein, which is owned and operated, or the bonds of which are guaranteed as to principal and interest, or assumed, by such railroad corporation. Any shares of the capital stock of a rail- road corporation leased to such railroad corporation, which are owned by said lessee corporation, shall not be considered as outstanding within the meaning of this subdivision. PART II. OF RAILROAD CORPORATIONS. 71 SECTION 67. The supreme judicial court or the superior Enforcement court shall have jurisdiction in equity, upon the application of 1894*450^ a ; the board of railroad commissioners, of the attorney-general, of ^f'f 1 : any stockholder or of any interested party, to enforce the pro- ^- *- 27 visions of the two preceding sections and all lawful orders and decisions, conditions or requirements of said board made in pur- suance thereof. SECTION 68. A director, treasurer or other officer or agent Penalties. of a railroad corporation, who knowingly votes to authorize the 452, 2*;' issue of, or knowingly signs, certifies or issues, stock or bonds R 62 L io9, 28. contrary to the provisions of sections sixty-five and sixty-six, or who knowingly votes to authorize the application, or knowingly applies the proceeds, of such stock or bonds contrary to the provisions of said sections, or who knowingly votes to assume or incur, or knowingly assumes or incurs in the name or behalf of such corporation, any debt or liability except for the legiti- mate purposes of the corporation, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. SECTION 69. If a corporation which owns or operates a rail- New shares to , . . . , be offered to road increases its capital stock, such new shares as are neces- stockholders sary to produce the amount of increased capital stock which oTcapHaT* 8 has been authorized shall, except as provided in the following fsTo.'m. section, be offered proportionately to its stockholders at such llrs.'igf'j 5 !?' price not less than the market value thereof at the time of in- zoj>- g ^ ^ crease, as may be determined by the board of railroad commis- l? 7 2 l f0i,*| 1 L. sioners, taking into account previous sales of stock of the cor- ii2,'5S; poration and other pertinent conditions, which determination 1393, sis, 1 1. shall be in writing and with the date thereof shall be certified R 89 L; toll 36. to and recorded in the books of the corporation. The directors, upon the approval of such increase as provided in section sixty- five, and the determination of the market value as hereinbefore provided, shall cause written notice of such increase to be given to each stockholder of record upon the books of the corporation at the close of business on the date of such determination by said board, stating the amount of such increase, the number of shares or fractions of shares to which he, according to the pro- portionate number of his shares at the date of such determina- tion, is entitled, the price at which he is entitled to take them, and fixing a time, not less than fifteen days after the date of such determination by said board, within which he may sub- scribe for such additional stock. Each stockholder may, within the time limited, subscribe for his portion of such stock, which shall be paid for in cash before the issue of a certificate there- for. SECTION 70. If the increase in the capital stock which is stock sold at subject to the provisions of the preceding section does not ex- 1870, 179. ceed four per cent of the existing capital stock of the corpora- itVs.'iUfii;' tion, the directors, without first offering the same to the stock- fgflfl^, 46. holders, may sell them by auction to the highest bidder at not j|^|- 1*- 2 - less than the par value thereof to be actually paid in cash. P- s. ioe, 40; 72 PART II. OF RAILROAD CORPORATIONS. iii 1 , 1 16. : They may also so sell at public auction any shares, which, after ISM' 472' 2 ' ^6 expiration of the time limited in the notice required by the R L 2 io9 s si P rece ding section, remain unsubscribed for by the stockholders entitled to take them. Such shares shall be offered for sale in the city of Boston, or in such other city or town as may be pre- scribed by the board of railroad commissioners; and notice of the time and place of such sale shall be published at least five times during the ten days immediately preceding the sale in each of at least three of such daily newspapers as may be pre- scribed by said board. No shares shall be sold or issued under this or the preceding section for a less amount to be actually paid in cash than the par value thereof. LOCATION AND CONSTRUCTION OF RAILROAD. Conditions Precedent. Prerequisites SECTION 71. A railroad corporation shall not locate or begin to location of -i i i i railroad. to construct its railroad or a branch or extension thereof, or 1852 *303 5 1 G. s! 63, 7. ' enter upon and use land or other property, except for making 1871,333, surveys, until a sworn estimate of the total cost of constructing 1878,215, ^g same> prepared by its chief engineer, has been submitted 8 2'4 llf to the board of railroad commissioners and approved by it; nor Fsl^ii' 136 until said board is satisfied that an amount of the capital stock R. L.'III, ss. of the corporation equal to at least fifty per cent of such esti- mated cost has been actually subscribed by responsible parties without any condition which invalidates the subscription, and that twenty per cent of the par value of each share has been actually paid in; and that the authority and consent required by section eighty-two have been obtained; nor until the clerk of said board, upon its order, has filed a certificate with the secretary of the commonwealth that the provisions of this sec- tion have been complied with; nor until the corporation has paid to the secretary a fee of fifty dollars for filing such cer- tificate. The supreme judicial court shall have jurisdiction in equity, if said board certifies a location before ascertaining that the authority and consent required by section eighty-two have been obtained. The certificate of a master in chancery or a justice of a court of record for the county in which a subscriber resides that he owns property in his own name equal in value, above all encumbrances, to the amount of his subscription shall be conclusive evidence of his responsibility. If said board re- fuses its approval to an estimate or a subscription list so submitted, it shall in writing state its reasons therefor in de- tail at the time and shall include them in its next annual report. Location not SECTION 72. No railroad or part thereof which is operated three miles of by steam power shall hereafter be located or constructed within 1882, 2&5? e 4. three miles of the state house without the previous consent in R. L. in, 89. wr iting of the board of railroad commissioners, and of the board of aldermen of any city or of the selectmen of any town in which the location is sought. PART II. OF RAILROAD CORPORATIONS. 73 Revised Laws, Chapter 53, 17, 19. SECTION 17. No highway, town way, street, turnpike, canal, rail- not^bffaid road or street railway shall be laid out or constructed over a common or out over a park dedicated to the use of the public, or appropriated to such use with- i875i63, e c i. out interruption for a period of twenty years; nor shall any part of such f^Mass^le common or park be taken for widening or altering a highway, town way ns Mass. soo. or street, except with the consent of the inhabitants of the city or town, 184 Mass ' 14 ' after public notice, given in the manner provided in cases of the location and alteration of highways, stating the extent and limits of the portion thereof proposed to be taken. Such consent shall be expressed by vote of the inhabitants, if ten or more voters file a request in writing to that effect with the selectmen or the mayor and aldermen within thirty days after the publication of the notice; in the absence of such request, con- sent shall be presumed. SECTION 19. Land of a public institution belonging to the common- Taking of wealth shall not be taken for a highway, town way, street, turnpike, 1 p U 1 b1i c c fnttitu- canal, railroad or street railway without leave of the general court. V^?/ 6 ^ 1 *^' Io75, loo, o. P. S. 64, 15. Revised Laws, Chapter 87, 17. f/_?f- A - G - *844 SECTION 17. The land now held and which may hereafter be held by Lands of the trustees of any state insane hospital or of the Massachusetts hospital to be'Taken** for dipsomaniacs and inebriates in trust for the commonwealth, for the for fi | tr |So s ' 2 use of the hospital of which they are trustees, shall not be taken for a p. s.*87, 3. ' street, highway or railroad, without leave of the general court specially Jf^f ; ^; * 2- obtained. Revised Laws, Chapter 212, 69. SECTION 69. Whoever lays out, opens, or makes a highway or town Making road, way, or constructs a railroad or canal, or any other thing in the nature bu C ri'ai h groifnd. of a public easement, over, through, in or upon any part of an enclosure, J 83 ;*. * 87 '-| \^ which is the property of a city, town, parish, religious society or of pri- GO'; so, ^21. vate proprietors and is used or appropriated for the burial of the dead, p.' .' 20?! 51! unless authority for that purpose is specially granted by law, or unless the consent of such city, town, parish, religious society or proprietors, respectively, is first obtained, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year. Revised Laws, Chapter 28, 11. SECTION 1 1 . Land taken for or held as a park by cities and towns Parks to be under the provisions of this chapter shall be forever kept open and main- ISS^IM! 10. tained as public parks; but, except in parks in the city of Boston and in }^ 3 jJ^ a 300 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 provi- sions 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 Land around state house shall remain an open space, and no railroad or railway shall remainopen be constructed or operated in, upon or over the same. A grant made to 1894 - 532 > 6 - a railroad or railway corporation shall not be construed to include any portion of said land. 74 PAKT II. OF RAILROAD CORPORATIONS. Use of land held by trustees. 1895, 503, 2. Location and construction. R. S. 39, 54. 1853, 351, 1. G. S. 63, 17. 1874, 372, 58. P. S. 112, 88. R. L. Ill, 90. 9 Met. 553. 4Cush. 71. 2 Gray, 574. 4 Gray, 301. 14 Gray, 93, 553. 109 Mass. 527. 113 Mass. 277. 118 Mass. 391. 124 Mass. 368. 134 Mass. 14. 141 Mass. 481. 1906, 463, Part II, 73. amended. 75. 18. &58. 2. Filing of the location. R. S. 39, 5 G. S. 63, f 1874, 372, 1878, 135, 1881, 111, 3,4. P. S. 112, 89, 136. R. L. Ill, 91. 2 Gray, 580. 124 Mass. 118. 127 Mass. 572. 141 Mass. 481. 143 Mass. 9. 146 Mass. 194. Location of Eurchased md. 1895, 356. R. L. Ill, 92, Revised Laws, Chapter 88, 2. SECTION 2. The land held by said trustees [of the Massachusetts state sanatorium] in trust for the commonwealth for the use of said sana- torium shall not be taken for a street, highway or railroad without leave of the general court specially obtained. Laying out Railroad. SECTION 73. A railroad corporation may lay out its rail- road not more than five rods wide; and for the purpose of cut- tings, embankments, and for procuring stone and gravel, and for obtaining land for stations, car houses, roundhouses, freight houses, yards, docks, wharves, elevators and other structures may purchase or take, in the manner provided in section seventy-eight, so much more land as may be reasonably necessary for the proper construction and security, and the convenient operation, of its railroad: provided, however, that the powers conferred upon the county commissioners by said section seventy-eight shall under this act be vested in the board of railroad commissioners. 161 Mass. 387. 167 Mass. 369. Amended. 1912, 725, Part II, 2. Acts of 1912, Chapter 725, Part II, 2. SECTION 2. Section seventy-three of Part II of said chapter four hun- dred and sixty-three is hereby amended by striking out all of the said section after the word "cuttings", in the third line, and inserting in place thereof the words: embankments, and for procuring stone and gravel, and for obtaining land for stations, car houses, roundhouses, freight houses, yards, docks, wharves, elevators and other structures may pur- chase or take, in the manner provided in section seventy-eight, so much more land as may be reasonably necessary for the proper construction and security, and the convenient operation, of its railroad : provided, how- ever, that the powers conferred upon the county commissioners by said section seventy-eight shall under this act be vested in the board of rail- road commissioners, so as to read as follows : Section 73. [For 73, as amended, see above.] SECTION 74. The corporation shall, within one year after the filing of the certificate of the clerk of the board of railroad commissioners with the secretary of the commonwealth as pro- vided in section seventy-one, file with the commissioners of each county through which the railroad passes the location of the railroad as laid out, defining the courses, distances and bound- aries of such portion of it as lies within each county, certified by the clerk of said board, and in such form and with such other particulars as may be required by the rules of said board; and until such location has been filed, the corporation shall not enter upon or use any land or other property, except for mak- ing surveys. The supreme judicial court shall have jurisdic- tion in equity of any violation of the provisions of this section by any entry upon or use of lands. SECTION 75. The corporation may, within one year after it has purchased or acquired land for railroad purposes, file with the commissioners of each county in which such land is situated PART II. OF RAILROAD CORPORATIONS. 75 a location thereof, defining the courses, distances and bound- {^/J^^. aries of such land and certified by the clerk of the board of ^ n locations, railroad commissioners in such form and with such other par- page 76.] ticulars as the rules of said board may require. SECTION 76. A railroad corporation, having taken land for Direction of its railroad, may vary the direction of said railroad in the city varied?^ or town in which such land is situated; but it shall not locate R 83 1: 39 Vrl' any part thereof outside the limits of the route fixed under the ?874',372, 3 59 provisions of sections twenty and twenty-one, without the con- ^- 1- JJ2. 1 so- sent in writing of the board of aldermen or selectmen, if it was 1 Gray, 340. njj f , . 109 Mass. 528. fixed under the provisions ot section twenty, or of the board of railroad commissioners, if it was fixed under the provisions of section twenty-one. The corporation shall, before the expira- tion of the time required for completing the railroad, file with the county commissioners the location of the different parts where such variations have been made; but the time for com- pleting the railroad shall not be extended in consequence of such variations. SECTION 77. A railroad corporation, with the approval in improvement writing of the board of railroad commissioners, obtained upon i887. 8 43o ent petition, and after notice to all persons interested, and a hear- fei^/asl 1 leu' ing, may, for the purpose of improving the alignment of its railroad, change its location, subject to the provisions of this act relative to the fixing of the route of railroads, the laying out of the same and the taking of land and the payment of damages therefor. SECTION 78. If a railroad corporation, for the purpose of o^ilfe'iimltl? making or securing its railroad or for depot or station purposes, g f x ? ute> how requires land or materials outside the limits of the route fixed, isss,' us, 3. or requires additional land for one or more new tracks adja- isss'.lt'i, i. cent to other land occupied by such corporation by a track or fgVf, Hs.Vi- tracks already in use, and is unable to obtain it by agreement fjfsfiss. 2 with the owner, it may apply to the county commissioners, who, *y|- JJ|> 91 - after notice to the owner, and a hearing, may prescribe the ly*^"- 95 limits within which it may be taken without his permission in ui Mass! 48i! the manner hereinafter provided ; and the corporation shall, 1/1 M'. TJ.' within one year after the decree, file with the commissioners of far/i/f '\if' each county in which the land is situated, a location thereof, below - certified by the clerk of the board of railroad commissioners, defining the courses, distances and boundaries thereof, in such form and with such other particulars as the rules of said board may require. If highways, buildings, parks or cemeteries are [See i884, 134, to be taken, the consent of the city or town in which the land highways.} is to be taken shall first be obtained; but nothing herein con- tained shall be construed as authorizing such taking, or alter- ing the manner thereof, if said taking is otherwise prohibited or provided for by law. Acts of 1912, Chapter 725, Part II, 1. SECTION 1. A railroad corporation is hereby authorized and empowered [See 78, above.] to purchase or take, in the manner provided in section seventy-eight of Part II of chapter four hundred and sixty-three of the acts of the year 76 PART II. OF RAILROAD CORPORATIONS. nineteen hundred and six, from time to time any lands or rights belong- ing to any other railroad or other public service corporation not necessary for the present business of such corporation or its business in the reason- ably near future, provided that this act shall not authorize it to acquire by eminent domain any part of the location or right of way of any other railroad or street railway company except such lands or rights as the board of railroad commissioners shall adjudge necessary for the support, construction and repair of bridges or other methods of crossing such railroad or street railway. Land outside SECTION 79. Land outside the limits of the route fixed as 1853, 35i, 3. aforesaid, which is taken or purchased for railroad, depot or 1874, 372, 62. station purposes shall not be exempt from taxation. P. S. 112, 92. R. L. Ill, 96. 8 Gush. 237. 186 Mass. 128. 1895, 356. 4 Met. 564. 185 Mass. 114. tive p ri e ht ri m SECTION 80. No length of possession or occupancy of land land of which belongs to a railroad corporation by an owner or occu- corporation. * J 1 J V 11 !_ l_ 1861, 100. pier or adjoining land, shall create in him or in a person who 107. ' claims under him a right to such land of the corporation. P. S. 112, 215. 146 Mass. 268. 197 Mass. 79. 212 Mass. 424. R. L. Ill, 271. 161 Mass. 283. 211 Mass. 175. Rules as to SECTION 81. The board of railroad commissioners shall, from form, etc., of . i , , records, etc. time to time, prescribe rules relative to the form in which all p. s.' 112', 93. records of locations of railroads shall be made, the particulars ' to be contained therein and the manner in which such records shall be uniformly kept for preservation and convenient refer- ence in the offices of the clerks of the several counties. No such record shall be filed until the clerk of said board certifies thereon that it has been prepared in conformity with the rules of said board.* Taking Land and Damages therefor, for e taki^ 8ite8 SECTION 82. No railroad corporation shall take, by pur- chase or otherwise, or enter upon or use, except for making 1/4. ' surveys, any land or other property for the construction of its * The rules prescribed by the Board of Railroad Commissioners, under sections 75, 78 and 81 of Part II., chapter 463 of the Acts of 1906, in regard to records of land purchased or acquired for railroad purposes, or of railroad locations, and the manner of keeping the same, are as follows: RULE 1. Location maps shall be made upon a scale showing not more than four hundred feet to the inch, upon cloth-backed paper, and shall be firmly bound for record in books eighteen (18) inches from top to bottom, and thirty (30) inches from back to front. RULE 2. Said maps shall show the courses of the tangents and the radii of the curves of the centre line of the railroad in question; the widths of land taken, specifying such width on each side of the centre line; also the courses of the division lines between the lots over which the loca- tion is made, and the distance between them on the centre line. When the land purchased or taken is entirely on one-side of the centre line of location or outside the location, the description shall be ao made as to tie the boundary lines of the lot to the centre line by lines, the courses and distances of which from a fixed point or points on said centre line shall be given. Where but one track is laid, the position of such track with reference to the centre line shall also be shown, in order that the boundaries of land may hereafter be determined by measurements from the track as laid, if the same shall not have been changed. Where two tracks are laid it shall be specified whether the centre line is the centre line of one of them or is midway between them. Note. The courses called for above may be either magnetic or true, but the maps and descrip- tions must specify which are given. RULE 3. The description in writing must in all cases correspond with the map, and the two taken together must have the substantial certainty and precision of a deed. (2 Gray, 580.) RULE 4. The location shall be certified by the directors of the corporation, or by the president, if authorized by a vote of said directors. RULE 5. The location, when deposited with the clerk of the county commissioners, shall be kept for preservation and convenient reference in the office of said clerk, in a cabinet used exclusively for that purpose, and furnished with shelves sufficient to allow at least one separate shelf for the maps of each corporation owning a railroad within the county. RULE 6. A book shall be kept in the office of each clerk, in which shall be recorded the name of every location, the time when it was filed, and the shelf where it is deposited. RULE 7. No location after it has once been filed shall be taken from the office of the clerk for any purpose except upon the order of a court or other proper authority. PART II. OF RAILROAD CORPORATIONS. 77 railroad or of any branch or extension thereof until the county P. s. 112, commissioners of the county in which such land or other prop- R. L.'m%98. erty is situated, after hearing the parties, have determined the manner in which the railroad shall cross the highways and other ways within such county, nor until it has obtained from the board of railroad commissioners the consent required by sec- tions one hundred and seven and one hundred and eleven in all cases in which the county commissioners adjudge that public necessity requires the crossing at the same level; and notice of such hearing shall be given by publication for three successive weeks in one or more newspapers published in such county, the last publication to be at least seven days before the hearing. The supreme judicial court shall have jurisdiction in equity of violations of the provisions of this section. [SECTION 83. If a railroad corporation is not able to obtain Taking land, by agreement with the owner the land or materials necessary therefc* 8 ' for its purposes as described in sections seventy-three, seventy- lUt; if?! f L four, seventy-six and seventy-eight, it may take the same. It R 3 |; ^f 3 - shall pay all damages caused by laying out, making and main- ||j 65> 56 - 63> taining its 'railroad, or by taking land or materials therefor; Jf^-ggi'i, and such damages, upon the application of either party, shall 1354! 44s', 33. be estimated by the county commissioners in the manner pro- 19, 21, 36, vided with reference to the laying out of highways; and if it is 1374,372, cs. intended to take land or materials, application may be made R f, 4 }}f; f 99; before the actual taking and appropriation thereof.] 3 3 M 75. assessed and paid over and disposed of in the manner provided iM-' 4 ' in sections seventeen, eighteen, nineteen and twenty-six of chap- 107. ter forty-eight of the Revised Laws relative to damages assessed fin. 111 ' in like cases in laying out highways. Revised Laws, Chapter '48, 17, 18, 19, 26. SECTION 17. If a tenant for life or for years and the remainderman Damages of or reversioner sustain damages in their property by the laying out, relo- h'avi^dif- cation, alteration or discontinuance of, or by specific repairs on, a high- ^g^T?^ 8 ' way, or if the property is encumbered by a contingent remainder, execu- is'si', 200, i'. tory devise or power of appointment, entire damages, or an entire amount fsVl', iiVf H- as indemnity, shall be assessed without apportionment thereof; and Fjfo 4 shall be paid to, or be recoverable by, any person whom the parties may 1883/253. appoint, and be held in trust by him for their benefit according to their fo 6 Mass! 547. respective interests. The trustee shall, from the income thereof, pay to | Mass. 535. the reversioner or remainderman the value of any annual rent or other 121 Mass! 453! payment which would, but for such damages, have been payable by the j|f ulfa. 207'. tenant, and the balance thereof to such tenant during the period for 149 Mass. 176. ' . i* i i i 11 i 1< Mass. 76, which his estate was limited, and upon its termination, he shall pay the 172,135,382. principal to the reversioner or remainderman. 195 Mass. 64. SECTION 18. The amount so to be placed in trust shall include only Certain dam- the damages assessed to the whole property when the value thereof is |^frded be ascertained; and any damage special to a separate estate therein, and all separately. 82 PART II. OF RAILROAD CORPORATIONS. 1874, 388. 3. P. S. 49, 27. 168 Mass. 366. 195 Mass. 64. Trustee in cer- tain cases to be appointed by probate court. 1851, 290, 2. G. S. 43, 18. 1875, 117, 2. P. S. 49, 19, 29. 126 Mass. 384. 133 Mass. 207. 178 Mass. 76. 192 Mass. 486. Tenant in pos- session may apply for a jury; or the trustees. 1875, 117, 3, 4. P. S. 49, 30. Assessment of damages when lands are mortgaged. 1855, 247, 1,4,5. G. S. 63, 26. 1874, 372, 76. P. S. 112, 108. R. L. Ill, 112. 5 Gray, 470. 126 Mass. 4. 178 Mass. 76. Apportion- ment of dam- ages. 1855, 247, 1-3- G. S. 63, 27. 1874, 372, 77. P. S. 112, 109. R. L. Ill, 113. 5 Gray, 470. Disposition of damages for land of mar- ried woman taken for rail- road, etc. interest or other earnings which accrue between the taking and the receipt by the trustee of the damages to the whole property, shall be awarded in the same proceedings separately. SECTION 19. If a person having an interest in such property is, by reason of legal disability, incapable of choosing 'a trustee, or is unascer- tained or not in being, or if the parties cannot agree upon a choice, the probate court of the county in which the property is situated shall, upon application of the county commissioners or of any persons interested or of any other person, in behalf of such persons, whether in being or not, as may, by any possibility be or become interested in said property, appoint a trustee, who shall give to the judge of probate a bond with such sureties and in such sum as the judge may order, conditioned for the faithful performance of his duties. SECTION 26. The tenant in possession of land which is encumbered by a contingent remainder, executory devise or power of appointment may, subject to the provisions of section twenty-eight, apply for a jury to revise the judgment of the commissioners in the assessment of dam- ages; and if he fails so to apply within the first six months of such year, said trustees may within the remaining six months thereof apply for such jury. SECTION 96. If the land is mortgaged, both the mortgagor and the mortgagee, in addition to their rights under the mort- gage, shall have the same powers, rights and privileges, and be subject to the same liabilities and duties, as are provided in this act for land owners in cases of damages arising under the provisions of section eighty-three; and all petitions for the esti- mation of such damages shall state all mortgages which are known by the petitioner to exist upon the premises. Mort- gagors and mortgagees may join in any such petition, and the tribunal to which it is presented shall order the petitioner to give notice thereof to all such mortgagors or mortgagees, by serving on each of them, fourteen days at least before the time of hearing, an attested copy thereof and of the order thereon, that they may become parties to the proceedings. SECTION 97. If mortgagors or mortgagees begin or become parties to such proceedings, entire damages shall, upon final judgment, be assessed for the property taken, and such portion thereof as is equal to the amount then unpaid thereon shall be ordered to be paid to every mortgagee who is a party in the order of his mortgage, and the remainder to the mortgagor; and separate judgment shall be entered accordingly for each mort- gagee, who shall hold his judgment in trust, first, with any pro- ceeds realized thereon, to satisfy his mortgage debt, and, after such debt is in any way satisfied, to assign the judgment or pay over any remainder of proceeds to the mortgagor or other per- son entitled thereto. Revised Laws, Chapter 153, 13. SECTION 13. If real property of a married woman is taken for a rail- road, a way or any other public use, or is damaged by the laying out of a railroad, way or by any other public works, the damages or compensa- tion awarded therefor may be so invested and disposed of as to secure to PART II. OF RAILROAD CORPORATIONS. 83 her the same rights in the amount so awarded and the income thereof as isss, 146. she would have had in the real property and the income thereof if such ! s. wb?| ii. real property had not been so taken or damaged. The probate court ^ pi c k 47 i'ol 14 ' shall have concurrent jurisdiction in equity, upon the petition of such woman, to hear and determine it and to enforce and secure her rights. Revised Laws, Chapter 48, 114. SECTION 114. If mortgaged land is taken for public uses under au- Proceedings thority of law, both mortgagors and mortgagees, in addition to their g a ^^^" rights under the mortgage, shall have the same powers, rights and privi- is taken. leges and be subject to the same liabilities and duties as are provided in p. s.' 49, no. sections one hundred and twelve and one hundred and thirteen of chap- ]J ^^- 1^|- ter one hundred and eleven in the case of mortgaged lands so taken by 190 Mass. 101. railroad corporations. SECTION 98. If the time for locating or constructing a rail- ^ te ^ si r p of road shall be extended by statute, all unsettled claims against tiion to revive the corporation for damages to land shall be revived, and the ise^ios. claimants for such damages may apply to the county commis- p 87 s.'n 7 |,' 78 ' sioners, or for a jury, if the estimate of the commissioners has f^'m been completed and returned, within one year after the passage n *- of such statute. The provisions of this section shall not include cases in which, by reason of a defect in the original location of a railroad already constructed, a new location is rendered nec- essary. SECTION 99. If a suit is brought in which the right of the Application corporation to lay out and construct its railroad on a particular ^thin^ne 68 location is drawn in question, an application to the county Sn^to* 6 " commissioners for the estimation of damages caused by the ^^on of taking of land or property within such location may be made R 83 J']g 8> Ag- within one year after the final determination of such suit G! s! 63,' so.' ,, ., . i ., . i .,,. ., 1874,372,179. upon the merits, 11 such suit is brought within one year alter p. s. 112, the time of such taking, or is brought for the purpose of try- UiU'm, ing the same right which was drawn in question in an earlier | Q^; y> 450 suit which was begun within one year after the time of taking 137 Mass - 478 - and which failed for want of jurisdiction, defect of form or other like cause which was not decisive of the merits of the controversy, and is brought within six months after the de- termination of such former suit. SECTION 100. If a person applies for an estimate of his New appiica- damages within the time limited by law, or applies for a jury ceecUng^we to assess the damages, or is a party to such application by an- isl^m, 2. other person for a jury, and the petition or other proceeding is fgvt.lfb.Vsb. quashed, abated or otherwise avoided or defeated for any in- f"-^ 112 ' accuracy, irregularity or matter of form, or if, after verdict for R- L. in, such applicant or other party, the judgment is arrested or re- 125 Mass. 434. versed on a writ of error, or the proceedings are quashed on certiorari, such applicant, petitioner or other party may begin such proceedings anew at any time within one year after such abatement, reversal or other determination. 84 PART II. OF RAILROAD CORPORATIONS. Revised Laws, Chapter 48, 112. SJceof tin ro- SECTION 112. No petition, suit, appeal or other proceeding in the ceedings to supreme judicial court or in the superior court taken or instituted by any damages an party aggrieved by the award of damages caused by laying out, making illcMUi' anc ^ mam taining a railroad or by taking land or materials therefor, or by p. s! 49, ' IDS. the laying out, alteration or discontinuance of a highway, town way or ass. 483. p r i vate way> or by taking land or materials therefor, shall be discontinued except by leave of court or by agreement of all the parties thereto; and any party thereto may prosecute the same as if it had been begun by him. Embankments, Fences, etc. ?t, 8 oe c m? n> SECTION 101. At the time of estimating damages to land j^^enta owners under the provisions of section eighty-three, the county ordered. commissioners shall in addition thereto order the corporation i.'s. ' to construct and maintain such embankments, culverts, walls, 1874,372,181. fences or other structures as they judge reasonable for the se- fm 112 ' curity and benefit of such owners, and shall prescribe the time f iis m> an d manner of making or repairing them, and it shall not be 154 Mass. 314. competent for a jury to reverse such order. S n order ment SECTION 102. If the corporation neglects to comply with J? 4 o']o 5 i ,?- such order, the supreme judicial court, upon application of the O. D. oo, 41. . i . , . . 1874, 372, 82. land owner who is interested in its execution, or his assigns, ii4. shall have jurisdiction in equity to enforce the specific perform- ing. 1 ' ance thereof. Or if the corporation, for more than forty-eight i Gray! en! hours after notice of such neglect, given in writing to the presi- dent or superintendent, fails to begin the work required to be done, or thereafter unreasonably delays to complete it, the per- son, so interested may, in an action of tort against the corpora- tion, recover double the damages sustained by him by reason of the neglect. i846, e 27i, SECTION 103. Every railroad corporation shall erect and i85 3 5 350 5 mamtam suitable fences, with convenient bars, gates or open- G. s.'es, ' ings therein, upon both sides of the entire length of its railroad, 1874, '372, 84. except at the crossings of a public way or in places where the P 87 s.'i 2 i 2.' 1- convenient use of the railroad would be thereby obstructed, and i882ti62. except at places where, and so long as, it is specially exempted fi2b m> from the duty of so doing by the board of railroad commis- i2Cush eos sioners. Such an exemption granted prior to the first day of i Alien, 16. August in the vear eighteen hundred and eighty-two shall not 98 Mass. 560. , , , ,. , , " , ,, 102 Mass. 383. be revoked except upon new proceedings had under the pro- 107 Mall! 411! visions of this section, notice of which shall be given to the lit Mass! It!; corporation, and published once in each of three successive 121' Mass us wee ks in a newspaper published in each county in which the ^ -24. land is situated. The corporation shall also construct and 140 Mass. 240. ,.<,..-. .. , i i 157 Mass. 297. maintain sufficient barriers, where it is necessary and practicable 181 Mass. 322. , , , , , M j so7 Mass, u, so to do, to prevent the entrance ot cattle upon the railroad. A corporation which unreasonably neglects to comply with the provisions of this and the following section shall, for every such neglect, forfeit not more than two hundred dollars for every month during which the neglect continues; and the supreme PART II. OF RAILROAD CORPORATIONS. 85 judicial court shall have jurisdiction in equity to compel the corporation to comply with such provisions, and, upon such neglect, to restrain and prohibit it from crossing a highway or town way, or from using any land, until such provisions shall have been complied with. SECTION 104. If a person other than the railroad corpora- cost of fenc- tion is required by law or contract to erect or maintain fences ioverecTfrom along a part of the line of the railroad, the corporation shall il^of, 1 ^. erect such fences or keep them in repair as provided in the pre- F^ 112 ' ceding section, and may recover the reasonable cost thereof in R L. in, an action of contract from such person. If he is an owner of 132 Mass. 24. land adjoining such line, the corporation shall also have a lien upon said land for labor performed and furnished and all ma- terials furnished and used by it in erecting and repairing such fences upon such land, and for the costs which may arise in enforcing it ; and it shall be enforced in the manner provided for enforcing liens in chapter one hundred and ninety-seven of the Revised Laws. Revised Laws, Chapter 128, 77. SECTION 77. A lien of any description upon registered land shall be Liena on regis- enforced in the same manner as like liens upon unregistered land. If enforced! ' registered land is set off or sold on execution, or taken or sold for taxes 1898> 562> * 78 - or for any assessment, or sold to enforce a lien for labor or materials, or the lien of a mortgagee or co-tenant arising from a payment of taxes; or for an assessment under the provisions of sections twenty-three to twenty- five of chapter fifty, or for costs and charges for taking down dangerous structures under the provisions of section seven of chapter one hundred and four, or for erecting fences along the line of a railroad corporation under the provisions of section one hundred and twenty-one of chapter one hundred and eleven or for improving meadows and swamps under the provisions of sections four to seven, inclusive, of chapter one hundred and ninety-five, or for flowing land under the provisions of section four- teen of chapter one hundred and ninety-six, or for any costs and charges incident to such liens, any execution, or copy of the execution, any offi- cer's return, or any deed, demand, certificate or affidavit or other instru- ment made in the course of proceedings to enforce such liens and required by law to be recorded in the registry of deeds in the case of unregistered land, shall be filed with the assistant recorder for the district in which the land lies and registered in the registration book, and a memorandum made upon the proper certificate of title in each case as an adverse claim or encumbrance. Crossings. SECTION 105. If two or more railroad corporations whose Separation of tracks cross each other at the same level agree to separate the fngfb" 08 grades, they may apply to the board of railroad commissioners, flsT'ila' which shall thereupon determine when, in what manner and by g^f/ 12 ' which corporation said work and each portion thereof shall be ** ^ in> done, and shall apportion all charges and expenses caused by See 1913, 546, making such alterations and all future charges for keeping the necessary structures connected therewith in repair among said corporations. For said purposes, the corporations may, under the direction of said board, make all necessary changes in the 86 PART II. OF RAILROAD CORPORATIONS. Crossings of one railroad with another, or over navi- gable waters. 1872, 53, 12; 180, 3. 1873, 121, 4. 1874, 122; 372. 85. 1881, 156. P. S. 112, 118. R. L. Ill, 123. 125 Mass. 253. Common- wealth's flats. Railroad crossing a highway not to obstruct the same. R. S. 39, 66. 1846, 271, 1. G. S. 63, 46. 47. 1874, 372, 8( 1876, 73. P. S. 112, 119. R. L. Ill, 124. 14 Gray, 379. Space under bridge regu- lated. location, grade and construction of said railroads, and, so far as may be necessary, may take additional land therefor, and may raise, lower or otherwise change any and all highways and town ways; and in the exercise of said powers said corporations, and any person who sustains damage thereby, shall have all the rights, privileges and remedies, and be subject to all the duties, liabilities and restrictions provided by law in the case of land taken by railroad corporations. The supreme judicial court shall have jurisdiction in equity to enforce compliance with all such orders of said board. SECTION 106. A railroad shall not be constructed across an- other railroad at the same level without the consent in writing of the board of railroad commissioners, nor across navigable or tide waters without the consent in writing of the board of harbor and land commissioners, and in such manner as said boards, respectively, shall prescribe, nor across any portion of the deep channel of Boston harbor below the bridges existing on the thirtieth day of March in the year eighteen hundred and eighty-one, without special legislative authority. Any lit- toral proprietor whose access to the sea is obstructed or inter- rupted by the location and construction, after said day, of any railroad across tide water, otherwise than by a bridge with a suitable draw, may recover of the corporation whose railroad is so located all damages caused by such location and construction, in the same manner and with the same rights as to security as are provided by law in relation to damages caused by laying out and maintaining railroads; but this provision as to damages shall not apply to any railroad constructed under the provisions of chapter two hundred and fifty-two of the acts of the year eighteen hundred and eighty. Associates for the purpose of constructing a railroad under the provisions of section thirteen, or a corporation which proceeds to construct its railroad or branch or extension thereof, shall not. take proceedings which involve a new crossing of one railroad by another at the same level, unless such crossing is first approved in writing by the board of railroad commissioners; and every preliminary ap- proval of a plan for such crossing shall be subject to revision by said board. The supreme judicial court shall have jurisdiction in equity, upon information filed by the attorney-general, of violations of the provisions of this section. SECTION 107. A railroad which is laid out across a public way shall be so constructed as not to obstruct the same; and, unless the county commissioners and the board of railroad com- missioners authorize a crossing at the same level as provided in section one hundred and eleven, it shall be constructed so as to pass either over or under the way, as prescribed in the follow- ing section, and conformably to any decree which may be made by the county commissioners under the provisions of section one hundred and nine. 1* Alien, 444. sos Mass. 397. SECTION 108. If the railroad is constructed to pass over the way, a sufficient space shall be left under the railroad conven- PART II. OF RAILROAD CORPORATIONS. 87 iently to accommodate the travel on the way. If the railroad ^ 84 |- f^y- is constructed to pass under the way, the railroad corporation 187 , 4 - 372 - 87. shall build such bridges, with their abutments and suitable ap- P. s.'nz.' preaches thereto, as will accommodate the travel upon the way; JuL'lii, but no bridge for any purpose shall be constructed over a rail- i3o 2 Mass. sei. road at a height less than eighteen feet above the track of such 176 Mass> 145> railroad, except by the consent in writing of the board of rail- road commissioners. The supreme judicial court shall have jurisdiction in equity to enforce compliance with the provi- sions of this section. SECTION 109. A railroad corporation may raise or lower a Highway may public way for the purpose of having its railroad pass over or lowered under under the same; but before proceeding to cross or to alter or cou e ntycom- excavate for the purpose of crossing the way, it shall obtain ^33f|' 5 from the county commissioners a decree prescribing what al- *| 5 |- If;/ 5 Al- terations may be made in the wav, and what structures erected G. s.' 63. 48.' . . . 1874 372 88 at the crossing; and the manner and time of making or erect- p.'s.'m,' ing the same; and before entering upon, excavating or altering fe^m, the way, it shall give to the city or town in which the crossing 23 pick. 326. is situated security, satisfactory to the commissioners, that it $ Cush. i^ will faithfully comply with the requirements of the decree to , 14 A 'l en ' 44 i , . i n i .113 Mass. 52. their acceptance, and will indemnify the city or town against 134 Mass. 549. all damages and charges by reason of a failure so to do. SECTION 110. A railroad corporation may alter the course ^ ur ^ a of b e igh ~ of a public way for the purpose of facilitating the crossing ^' e( J- 87 thereof by its railroad or of permitting its railroad to pass at R. s.' 39, 70.' the side thereof without crossing, if, after notice to the city or G. s.' 63, 55. town in which the way is situated, and a hearing, the county p 87 ' f/f; * 89- commissioners decide that such alteration will not essentially j t 1 ^'i n< injure the way, and make a decree prescribing the time and f^f^,,, 444 manner of such alteration. The corporation shall pay all dam- ages caused to private property by the alteration, as in case of land taken for its railroad. SECTION 111. If a railroad is laid out across a public way, crossing high- the county commissioners, upon the application of the railroad way at aTvei. corporation, or of the board of aldermen of the city or select- jf^.'s, 5 !' men of the town in which the crossing is situated, after notice 65, 239, i^ to all persons interested and a hearing, may adjudge that pub- i876, f 73.' lie necessity requires the crossing at the same level, and may, 123. if the board of railroad commissioners also consents in writing 128. to such crossing at the same level, make a decree specially to 178 Mass- 195> authorize and require the corporation so to construct its rail- road, in such manner as shall be prescribed in the decree, and said commissioners may modify the terms of such decree or may revoke it at any time before the construction of the rail- road at such crossing. SECTION 112. A railroad corporation whose railroad is Rails to be pro- crossed by a public way at the same level shall, at its own ex- wa y e c rossinl. " pense, so guard or protect its rails by plank, timber or other- G.^.'elJieo.' wise as to secure a safe and easy passage across its railroad; P 87 s ' nf,' 5 9L and if, in the opinion of the county commissioners, any subse- 124 - 88 PART II. OF RAILROAD CORPORATIONS. R. L. Ill, 129. 140 Mass. 84. 147 Mass. 505. 164 Mass. 393. 178 Mass. 195. 211 Mass. 674- When high- ways may be laid out across a railroad. R. S. 39, 69. 1857, 287, 1-5. G. S. 63, 57-59. 1874, 372, 92. 1876, 73. P. S. 112, 125. R. L. Ill, 130. 11 Gray, 512. 1 Allen, 324. 7 Allen, 523. 140 Mass. 87. 147 Mass. 455. 159 Mass. 283. 173 Mass. 12. 178 Mass. 195. 185 Mass. 186. 188 Mass. 234. quent alteration of the highway or other way or additional safe- guards are required at the crossing, they may make a decree ordering the corporation to establish the same as provided in section one hundred and nine. SECTION 113. A public way may be laid out across a rail- road previously constructed, if the county commissioners ad- judge that the public necessity and convenience so require; and in such case, after notice to the railroad corporation and a hear- ing of all parties interested, they may thus lay out or may au- thorize a city or town, upon petition of the board of aldermen or selectmen thereof, to lay out a way across a railroad, in such manner as not to injure or obstruct the railroad, and otherwise in conformity with the provisions of sections one hundred and seven and one hundred and eight; but they shall not permit it to cross at a level with the railroad unless public necessity so requires, and the board of railroad commissioners consents thereto in writing, in which case the county commissioners may give special authority for such crossing as provided in section one hundred and eleven. The metropoli- tan park com- mission may construct roadways, etc., across rail- roads, etc. To give notice to railroad corporations, etc. Proviso. Railroad com- mission may make a decree, etc. Payment of expenses. Acts of 1905, Chapter 456. An Act to authorize the Metropolitan Park Commission to lay out, extend and construct Roadways and Parkways across Railroads, and to make Certain Agreements with Railroad Companies. SECTION 1. The metropolitan park commission is hereby authorized to make and enter into such agreements with any railroad corporation as may be necessary to secure or facilitate the laying out, extension, con- struction and maintenance of a roadway or parkway under the care, custody or control of said commission across railroad lands or locations, and to indemnify such railroad corporation against any claims for dam- ages to persons or property, arising out of such laying out, extension, construction and maintenance. SECTION 2. Said commission shall give the railroad corporation thirty days' notice in writing of the proposed work, accompanied by a plan thereof; and in case said commission is unable to agree with the railroad corporation across whose land or location it desires to lay out, extend and construct a roadway or parkway, it may have the question of its right to cross and the manner of crossing determined by the board of railroad commissioners: provided, however, that no crossing of such roadway or parkway shall be at a level with the railroad tracks and that no such roadway or parkway shall be laid out, extended and constructed across a railroad in such manner as to injure or obstruct the railroad. SECTION 3. Said board, upon petition of the commission, and after due notice to the railroad company, shall hear the parties; and the board, if of opinion that said petition should be granted, shall make a decree describing the place, time and manner of constructing such crossing, and how much, if any, of the work made necessary by such crossing shall be done by the railroad company; and thereafter said commission may lay out, construct and maintain such roadway or parkway across the rail- road in accordance with the terms of said decree. SECTION 4. All expenses of and incident to constructing and main- taining any roadway or parkway crossing a railroad as herein provided shall be borne by the Commonwealth and shall be paid out of the funds PART II. OF RAILROAD CORPORATIONS. 89 available for use by said commission, unless otherwise determined by an agreement between said commission and any such railroad corporation. SECTION 5. The damages sustained by any railroad corporation by Damages, reason of the laying out, extension, construction and maintenance of a roadway or parkway under this act may be assessed by a jury of the superior court in the same manner as is provided by law with respect to damages sustained by reason of the laying out of ways : provided, however, Proviso, that no suit for such damages shall be brought after the expiration of three years from the day when the railroad is entered upon for the pur- pose of constructing any roadway or parkway as authorized herein. SECTION 6. This act shall take effect upon its passage. [Approved May 25, 1905. Acts of 1908, Chapter 552. An Act relative to the Repair and Maintenance of Certain Bridges. SECTION 1. If the county commissioners of a county, the board of Maintenance aldermen of a city or the selectmen of a town in which a bridge at the bridges, crossing of a public way and a railroad, or a bridge upon which a street railway company is authorized to lay and use tracks, is located in whole or in part, or the directors of a corporation owning or operating such rail- road, or the directors of a company owning or operating such street rail- way, are of the opinion that such bridge is in need of maintenance or repair, they may apply to the board of railroad commissioners who shall, after public notice, hear all persons interested, and, if they decide that the work of maintenance or repair is necessary, shall prescribe the manner in and the limits within which it shall be done, and shall forthwith certify their decision to the parties. SECTION 2. If railroad corporations, street railway companies, coun- Maintenance ties, cities, towns, or any of them, jointly or severally, are charged with bridges* 11 f the duty of maintaining or repairing any such bridge under any provi- sion of law, agreement, or decree of court, and if the party or parties so charged with such duty refuse or neglect to carry into effect such decision within a reasonable time, any other such party may apply to the superior court, which shall have jurisdiction in equity to enforce the carrying into effect of such decision by the party or parties so charged with such duty. SECTION 3. This act shall take effect upon its passage. [Approved May 27, 1908. SECTION 114. A railroad corporation may, with the consent Alterations of of a canal corporation, alter the course of a canal or of a feeder ilsv^e, to a canal, which interferes with the convenient location of its o s. Is, se. railroad. Damages caused by taking property therefor shall be P 87 S 4 ' iYa 2 ' 93- estimated and paid as in case of land taken under the provi- t^'m sions of section eighty-three. isi. SECTION 115. If, upon application to the county commis- obstructions sioners by the board of aldermen of a city or selectmen of a crossings! town, and after notice to the corporation which owns or oper- G 85 I.'63 49.' ates a railroad, and a hearing, it appears that the railroad so p 87 s.' nf. 1 94 ' crosses a public way as to obstruct it, contrary to the provi- f^fj'm sions of section one hundred and seven, or of a decree made isi , , . . i j j j ., i j. 198 Mass - 68e - under the provisions ol section one hundred and nine, or that the corporation refuses or neglects to keep a bridge or other structure which is required or necessary at such crossing in proper repair, the county commissioners may make a decree 90 PART II. OF RAILROAD CORPORATIONS. Repairs of bridges, etc. R. S. 39, 72. 1846, 271, 1. 1851, 88. 1855, 350, 4. G. S. 63, 61, 67, 69. 1872, 262, 6. 1874, 372, 95. P. S. 112, 128. R. L. Ill, 133. 7 Cush. 490. 12 Allen, 254. 97 Mass. 430. 131 Mass 516. 138 Mass 139 Mass 159 Mass 188 Mass 454. 289. Amended by 1907, SIS. 234. prescribing what repairs shall be made by the corporation at the crossing, and the time within which they shall be made, and shall make a decree ordering the corporation to pay the costs of the application. They may further order the corpora- tion to give security, as provided in section one hundred and nine, for the faithful performance of the requirements of the decree and for the indemnity of said city or town upon a fail- ure in such performance. SECTION 116. Every railroad corporation shall, except as provided in sections twenty-nine to forty-five, inclusive, of Part I, at its own expense, construct, maintain and keep in repair all bridges, with their approaches and abutments, which it is authorized or required to construct over or under a canal or public way; and a city or town may recover of the railroad corporation whose railroad crosses a public way therein all damages, charges and expenses incurred by such city or town by reason of the neglect or refusal of the corporation to erect or keep in repair all structures required or necessary at such crossing; but if, after the laying out and building of a rail- road, the county commissioners authorize a public way to be laid out across the railroad, all expenses of and incident to constructing and maintaining the way at such crossing shall be borne by the county, city, town or other owner of the same, un- less otherwise determined by an award of a special commis- sion, under proceedings in accordance with the provisions of [the five following sections.] sections twenty-three to twenty- eight, inclusive, of Part I. 1906. 463, Part II, 116, amended. County com- missioners to have jurisdic- tion of ob- structions. 1849, 222, 4. G. S. 63, 62. orders of, how enforced. 1849, 222, 5. 1855, 350, 3. G. S. 63, 50 63. 1874, 372, 103. 1881, 111, 4. P. S. 112, 136. R. L. Ill, 141. 7 Cush. 506. 174 Mass. 379. Acts of 1907, Chapter 315. An Act relative to constructing Ways across the Locations of Railroad Corporations. SECTION 1. Section one hundred and sixteen of Part II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by striking out the words "the five following sec- tions", at the end thereof, and inserting in place thereof the words: sections twenty-three to twenty-eight, inclusive, of Part I, so as to read as follows: Section 116. [For 116 as amended, see above.] SECTION 117. County commissioners shall have original ju- risdiction of questions relative to obstructions to highways or town ways which are caused by the construction or operation of railroads. 1874, 372, 102. p. s. 112, $ 135. R. L. in, HO. 4 Cush. 63. 2 Gray, 54. 14 Gray, 93. 141 Mass. 17. 155 Mass. 16. SECTION 118. The supreme judicial court shall have juris- diction in equity to compel a railroad corporation to raise or lower a public way which the county commissioners have de- cided is necessary for the security of the public to be raised or lowered, and to compel it to comply with the orders of county commissioners relative to obstructions of such ways by it; and if, upon the petition of the board of aldermen of a city or selectmen of a town, it appears that such corporation has ex- PART II. OF RAILROAD CORPORATIONS. 91 cavated or altered a public way without obtaining the decree and giving the security required by section one hundred and nine, or has neglected for fifteen days to give security as re- quired by section one hundred and fifteen, said court may en- join it from entering upon, altering, excavating or crossing the way until such decree has been obtained or such security given. SECTION 119. An application for damages which have been Crossing a sustained by the owner of a private way, by reason of a rail- SSSfwrTis. road crossing the same, shall be made within three years after ' 1' II' Is the time when the way was so obstructed. 1874, 362; 372, 104. P. S. 112. 137. R. L. Ill, 142. 103 Mass. 1. SECTION 120. If a railroad which has been lawfully laid Severance of out through land without the consent of the owner thereof sepa- Cy^rossing. rates a portion of such land from another or from a public way, 5 i 7 -4 213 ' and the owner, having a right to cross the railroad, cannot agree fi_P 6 3 6. with the corporation as to the place or manner in which he shall g^os 37 ^' cross, or if a crossing is inconvenient, either party, in a case \f 8 1121 which does not involve the abolition of a crossing at grade, may 1897/264. apply to the county commissioners, who, after taking a recogni- 143. zance from the applicant to the county, with sureties to their i^M^s. 44 . 4 ' satisfaction, for the payment of costs and expenses according to their order, and after notice to the other party and a hearing, may make an order relative to such crossing and to the costs of the application; but they shall not order the corporation to con- struct or maintain a crossing without its consent, unless it is liable by law or by agreement to construct a crossing for the owner of the land, or is the applicant. SECTION 121. If by the laying out of a railroad, or the Access to widening thereof, a person is cut off from access to land owned by faiiroacL by him, and has neither received compensation nor made an jf 9 f ; i; agreement with the corporation relative thereto, the board of f 6 ^ ass 8! railroad commissioners, after notice to the parties and a hear- ies Mass. 514. ing, may make a decree ordering a crossing to be made and maintained at the expense of the railroad corporation, specify- ing definitely the character thereof and when it may be used. If the railroad corporation neglects for ninety days after the date of such order to comply therewith, it shall forfeit five dol- lars for every day thereafter during which such neglect con- tinues, which shall be recovered by the person aggrieved. The amount recovered shall be equally divided between the plaintiff and the county within which the crossing was ordered to be maintained. SECTION 122. A party who is aggrieved by a decision or Appeal from order of the county commissioners in any matter or proceeding m^sioners" arising under the provisions of section twenty-three of Part I, 8 i 2 .i3 135 ' or of section one hundred and twenty of Part II, or by their f^. 111 ' unreasonable refusal or neglect to announce a decision in any 141 Mass - 208 - such matter or proceeding for sixty days after the first day fixed for a hearing thereon, may appeal to the board of rail- road commissioners by filing a notice of appeal with the county commissioners within ten days after the decision or order ap- 92 PART II. OF RAILROAD CORPORATIONS. Appeal from proceedings thereon. 1882, 135, 4,5. R. L. Ill, 146. Hearing of appeals ; powers of board. 1882, 135, 6, 7. R. L. Ill, 147. Right of crossing not acquired by prescription. 1892, 275. R. L. Ill, 148. 135 Mass. 107. 141 Mass. 407. 142 Mass. 21. pealed from, or in case of a refusal or neglect to announce a decision, within ten days after the expiration of sixty days from the first day fixed for a hearing thereon. The proceed- ings before the county commissioners in which the appeal is taken shall thereupon be stayed. SECTION 123. The appellant, to perfect the appeal, shall, within twenty days after filing the notice thereof, file with the clerk of the board of railroad commissioners a petition stating the reasons for the appeal, and shall, within ten days after filing the petition, cause a certified copy thereof to be served upon the county commissioners. An appeal may be waived at any time before a hearing thereon by agreement of the parties in writing, filed with the county commissioners and said board. If the appellant fails to perfect the appeal, or if the appeal is waived, the matter may proceed before the county commission- ers as if no appeal had been taken. SECTION 124. The board of railroad commissioners shall hear the appeal authorized by section one hundred and twenty- two in the county in which it is taken, unless the parties in writing otherwise agree. Upon such appeal, said board shall have the same powers and perform the same duties as county commissioners in like matters and proceedings, and shall be governed by the provisions of law relative to hearings and de- terminations by, and decisions and orders of, the county com- missioners in such matters and proceedings. SECTION 125. No right of way across any railroad track or location which is in use for railroad purposes shall be acquired by prescription. The provisions of this section shall not apply to rights of way which existed on the fifth day of June in the year eighteen hundred and ninety-two. 144 Mass. 336. 145 Mass. 433. 176 Mass. 359. SIS Mass. 92. Branches and extensions. 1874, 351, 1 3, 5; 372, 31,32. 1875, 110. 1878, 215, 4. P. S. 112, 139, 140. 1882, 265, 1,3. R. L. Ill, 161. 124 Mass. 368. BRANCHES AND EXTENSIONS. SECTION 126. 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 the pro- visions of this chapter, if an amount of additional capital stock, applicable solely to the construction of such branch or exten- sion, has been subscribed, and a certificate of the board of rail- road commissioners that public necessity and convenience re- quire the construction of the branch or extension has been obtained, and a certificate of the clerk of said board has been filed according to the provisions of section seventy-one, and it may build such branch or extension without additional capital stock, if its indebtedness is not thereby increased; but the pro- visions of this section shall not invalidate a lease or contract between railroad corporations which is made pursuant to law. Upon the filing of such certificate, fifty dollars shall be paid to the secretary of the commonwealth. If the construction of such branch or extension is not begun, and ten per cent of the addi- PART II. OF RAILROAD CORPORATIONS. 93 tional capital stock is not expended thereon within two years after the date of the certificate required by section seventy-one and the branch or extension completed and put in operation within four years after said date, the power of the railroad cor- poration to construct the same shall cease. OPENING THE RAILROAD FOR USE. SECTION 127. A railroad or branch or extension thereof shall Road not to be in 11- 'iii i i -i i opened lor not be opened tor public use until the board or railroad com- public use missioners, after an examination, certifies that all laws relative 1874,' 223; 372, to its construction have been complied with, and that it appears p.aiis, ui. to be in a safe condition for operation. fieS. 111 ' SECTION 128. When a railroad or a branch or extension when road is thereof is finished and opened for public use, the corporation pKfus?, by which it was constructed shall, within one year thereafter, ^1^^* file in the office of the secretary of the commonwealth a map \H 2t , 5 j' * 4; and profile thereof, with tables of grade and curvature and a 1374. 372, 34. statement of the other characteristics of the railroad, certified 142. by its president and engineer in such form as the board of rail- MB. road commissioners may prescribe. EQUIPMENT AND OPERATION. Drawbridges. SECTION 129. Every railroad corporation shall provide for Draw-tender. each drawbridge upon the line of its railroad an experienced 5 i 5 ,'2. 34 ' draw-tender, who shall have full control of the passing of ves- fs'e!', it'i.Yi'. sels through the draw; and the corporation shall make and j 8 ^ 372 ' enforce regulations for each drawbridge conformable to the f ol- P- s. '112. us. lowing seven sections. no. SECTION 130. Every such drawbridge shall be kept closed Dr j^ dges at all times, except while open for the actual passage of closed, except, vessels. The draw-tender shall at all hours of the day and 2,' 3. ' night be ready to open the draw; shall decide, having regard isel', i3i, 7 2. to the convenient and secure passage of engines and trains | 87 o9. 372 ' and the state of the tide, when and in what order vessels j\fg 112 ' may pass, allowing no unnecessary detention; and shall give R-L .111, all the necessary advice and furnish proper facilities for such passing. SECTION 131. The master of a vessel who applies to pass Passage of such draw shall give to the draw-tender a true report of his regu!a s ted w vessel's draught of water, and of anything projecting below such 5 |,'4 34 ' vessel's draught, and shall be governed by him as to priority of ^ fg 6 |g right if two or more vessels apply at the same time to pass. In l . 8 ^ 372> passing, he shall, unless otherwise directed by the draw-tender, P. s. 112, go to the right according to the tide, if practicable, and shall R. L.'III, so place his buoys, warping-lines, anchors, cables and other rig- 127 Mass. 7. ging and equipment as neither to interfere with other vessels l4 nor obstruct or injure the bridge; and he shall be allowed a reasonable time for his vessel to pass. A railroad train shall be 94 PART II. OF RAILROAD CORPORATIONS. Drawbridge signals. 1863, 131, 3. 1874, 372, 111. P. S. 112, 151. R.L.111,173. Drawbridge gates. 1863, 131, 4. 1874, 372, 112. P. S. 112, 152. R. L. Ill, 174. Engineer to see that draw- bridge is closed. ' 1863, 131, 5. 1874, 372, 113. P. S. 112, 153. R. L. Ill, 175. Penalty on corporations for neglect, etc. 1863, 131, 6. 1874, 372, 114. P. S. 112. 154. R. L. Ill, 176. for obstruct- ing draw- tender, etc. 1855, 434, 5-7. G. S. 63, 78-80. 1874, 372, 115. P. S. 112, 155. R. L. Ill, 177. 127 Mass. 7. allowed fifteen minutes to cross a draw before and after it is due by its time table, and any approaching train shall be al- lowed a further reasonable time to pass. SECTION 132. Every drawbridge shall be furnished 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 133. The railroad corporation may erect, at a dis- tance of five hundred feet from every drawbridge, or at such other distances as may on its application be prescribed by the board of railroad commissioners, and on each side thereof, a substantial barrier, so constructed and connected with the draw by suitable mechanism, that the draw, when in position for the passage of trains, cannot be opened or moved until the barriers have been closed across the track in such manner as to be a warning to any train which approaches in either direction. SECTION 134. 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 it to a full stop at a distance of not less than three hundred nor more than eight hundred feet from the drawbridge, and, before proceeding, shall positively ascertain that the draw is properly closed for the passage of trains; except that if the drawbridge is between two railroad crossings at grade, within six hundred feet of each other, one stop only shall be required for such crossings and drawbridge. SECTION 135. A railroad corporation which neglects to com- ply with the provisions of sections one hundred and thirty-two and one hundred and thirty-four shall forfeit one hundred dol- lars for each day such neglect is continued; and an engineer or draw-tender who violates any provision of said sections or any regulation established in conformity therewith for such draw- bridge by the corporation by which he is employed shall forfeit one hundred dollars for each offence, which shall be recovered in the county in which the offence is committed, to the use of the informer. SECTION 136. Whoever violates any provision of the seven preceding sections, shall, unless otherwise therein provided, for- feit not less than three nor more than fifty dollars for each offence. Whoever wilfully injures or defaces any such draw- bridge or wharf or pier appurtenant thereto, or any railroad bridge, wharf or pier, shall forfeit not less than three nor more than fifty dollars for each offence. Whoever without the con- sent of the draw-tender opens or wilfully obstructs the draw, or wilfully makes fast or moors any scow, raft or other vessel in such manner as to obstruct passage to or through said draw, or wilfully hinders a draw-tender in the performance of his duties, shall forfeit not less than fifty nor more than one hundred dol- lars for each offence. PART II. OF RAILROAD CORPORATIONS. 95 Stations. SECTION 137. A railroad corporation which has established of b pas d sener nt and maintained a passenger station throughout the year for five ^j{^ d consecutive years at any point upon its railroad shall not aban- ises, 175. don such station, unless it is relocated under the provisions of ne. the following section, nor substantially diminish the accommo- g'lse. dation furnished by the stopping of trains thereat as compared |i|g. with that furnished at other stations on the same railroad. The \H Jf^; ^ supreme judicial court, upon an information filed by the at- torney-general at the relation of ten legal voters of the city or town in which such station is located, shall have jurisdiction in equity to restrain the violation of the provisions of this section. SECTION 138. A railroad corporation may relocate passen- Relocation of ger stations and freight depots, with the approval in writing of f^fght depot. the board of railroad commissioners and of the board of alder- it?!; 37!; men of the city or the selectmen of the town in which such sta- f, I g 7 ' n2 157 tions or depots are situated. 137 Mass. 45. issMass. KM. R.L. 111,5179! SECTION 139. Every railroad corporation shall indicate to w ay stations its passengers the name of each way station by placing at or b y k? g 1 n s diw near the station a proper and conspicuous sign or signs, and p 87 |.'ii2," shall forfeit fifty dollars for each violation of the provisions of f^ff'm this section. ISO- SECTION 140. If one railroad corporation occupies or uses, Compensation or has a right to occupy, enter upon and use, a station, railroad p a r ti 3 on n or grounds of another, or any portion thereof, the board of rail- R 893 '. lii', road commissioners, upon petition of either party, and after 5 18L notice to the other, and a hearing, shall determine the com- pensation to be paid for such occupancy and use. Its award shall be binding upon the parties thereto for five years, and thereafter until it is revised or altered by said board, and upon the request in writing of a party affected thereby, filed within thirty days after the rendering thereof, the award shall be filed in the supreme judicial court which shall have jurisdiction to revise the same as if the award had been made by a commission appointed by said court. Switches, Bridge Guards, etc. SECTION 141. Every switch which is laid in a railroad track s ^ ea used by passenger or mixed trains shall be a safety switch of a i87i, 24! type approved in writing by the board of railroad commission- us. ers. For each switch laid in violation of the provisions of this filg. 11 ' section, the railroad corporation shall forfeit two hundred dol- ^if^. 111 ' lars, and the further sum of five dollars for each day such switch is maintained. SECTION 142. The frogs, switches and guard rails, except Blocked guard rails on bridges, which are in or connected with the rail- isse, 126. road tracks operated or used by any railroad corporation shall R. L! 111, be kept so blocked by some method approved by the board of 183 ' railroad commissioners as to prevent employees from being 96 PART II. OF EAILROAD CORPORATIONS. Bridge guards. 1869, 308, 2, 3. 1870, 276. 1874, 226; 372, 119. 1881, 68. P. 8. 112, 160. R. L. Ill, 184. 175 Mass. 150. Amended. 1913, 161. 1906, 463, Part II, 143, amended. caught therein. A railroad corporation which violates the pro- visions of this section shall be punished by a fine of not less than ten nor more than one hundred dollars for each offence. SECTION 143. Every railroad corporation, at every bridge or other structure, any portion of which crosses the railroad above the track, shall erect and maintain, in a manner prescribed by the board of railroad commissioners, suitable bridge guards, of a type approved by said board, except at places where, and so long as, it is specially exempted from the duty of so doing by said board. A corporation which neglects to comply with the provisions of this section shall forfeit fifty dollars for each month's neglect. Whoever .wilfully destroys or breaks any such bridge guard shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.* Acts of 1913, Chapter 161. An Act relative to Bridge Guards at Bridges or Other Structures over Railroads. SECTION 1. Section one hundred and forty-three of Part II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by inserting after the word "board", in the sixth line, the words : except at places where, and so long as, it is specially exempted from the duty of so doing by said board, so as to read as fol- lows: -Section 143. [For 143 as amended, see above.} Stopping of trains at grade crossings. 1855, 452. 1. 1859, 39; 126, 1. G. S. 63, 93, 94. 1872, 313. 1874, 372, 121. P. S. 112. 161. R. L. Ill, 185. Board may prescribe rules for crossings. Signals, etc., at Crossings. SECTION 144. If two railroads cross each other at the same level, the engineer of every freight train and, if both railroads are used for passenger traffic, of every passenger train, upon approaching such crossing, shall stop his engine within five hun- dred feet therefrom, and shall not resume his course until sig- nalled so to do, when he shall pass slowly over the crossing; but one stop shall be sufficient for all such crossings within six hun- dred feet of each other upon the same railroad. Every engineer who fails so to stop his engine shall forfeit one hundred dollars for each offence; and the corporation on whose railroad the offence is committed shall forfeit the further amount of three hundred dollars. SECTION 145. The board of railroad commissioners shall make general regulations for all such crossings or special regu- Under section 143 of Part II., Chapter 463 of the Acts of 1906, the Board prescribes the follow- ing regulations: 1. The standard forms of pendent or "whip-cord" and of horizontal-bar bridge-guards or "tell-tales" now in common use on the leading railroads of this State, are approved by the Board. 2. On main tracks and on main-line side tracks, the guard should be placed not less than 100 nor more than 200 feet from the bridge or other overhead structure. 3. In yards and on switching tracks the guards should be placed not less than 50 nor more than 100 feet from the bridge or other overhead structure. 4. The distance is to be measured in all cases from a point over the centre of the protected track in the near side of the bridge or structure, in the direction of approach by trains; and a guard ia to be maintained on one or on both sides of the bridge or structure according as trains are run on the track in one or in both directions. 5. Where two bridges or structures are not more than 200 feet apart in the clear, only one guard between them is required, the same to be placed midway between the two. 6. The guard should be erected and maintained so that the same, or the lowest part thereof, will hang or swing about three inches lower than the lowest part of the bridge or structure which it is designed to protect. PART II. OF RAILROAD CORPORATIONS. 97 lations for such particular crossings as it may designate, and 8 i 7 |2. 372> in such detail as it may consider expedient; and the supreme p 88 ^ 1 ^!- judicial court may issue any processes necessary to secure the |j|f'j enforcement of such regulations, or, upon the petition of said ise. board, may enjoin the running of trains on a railroad upon which any regulation relative to such crossing is not exactly ob- served. The approval of said board shall be required for a system of signals to be established and maintained in concert by corporations operating railroads which cross each other; but no such regulation or system of signals shall exempt a railroad upon or across which passenger trains are run from the require- ments of the preceding section, unless a system of interlocking or automatic signals, approved in writing by said board, is adopted by both corporations. SECTION 146. The board of railroad commissioners may, interlocking on the application of a railroad corporation whose railroad isss, ss. crosses another railroad at the same level, after notice to the fig?. 111 ' parties and a hearing, authorize the applicant at its own ex- eo Mass - 444 - pense, to establish and maintain a system of interlocking or automatic signals at any crossing of said railroads, and to erect and maintain the necessary wires, rods, signal posts and signals, in such manner as said board shall prescribe. Such corporation, after the system has been established and approved in writing by said board, shall be exempt as to such crossing from the requirements of section one hundred and forty-four so long as said board continues its approval. Upon payment to such corporation by the corporation owning or operating the other railroad at such crossing of so much of the cost of establishing such system of signals as, upon petition of the latter corpora- tion and a hearing, is awarded by said board, both railroad cor- porations shall, as to that crossing, be exempted from the requirements of said section". Until such payment the latter corporation shall semi-annually contribute toward the expense of operating said signals an amount equal to the cost to it of operating the signals used by it at said crossing before the establishment of the signals herein provided for. After the payment of such award the expense of maintaining and oper- ating such system of signals shall be borne by the two railroad corporations according to the proportions fixed by the award for paying the original cost of the signals. So much of the award as relates to the cost of maintaining and operating said signals may, at the request of either party, be revised at the expiration of five years from the original award or from any revision thereof. SECTION 147. Every railroad corporation shall cause a bell J?J ?{g rung of at least thirty-five pounds in weight, and a steam whistle, to ^ d ^} 8 4 be placed on each locomotive engine passing upon its railroad; R.| '3|.' 7 |- and such bell shall be rung or at least three separate and dis- G. s.' 63, ' 83.' tinct blasts of such whistle sounded at the distance of at least 1874! 372, eighty rods from the place where the railroad crosses upon the p. 1 ! 3 !^, 153. same level any highway, town way or travelled place over which 189 - 173 - 98 PART II. OF RAILROAD CORPORATIONS. R. L. Ill, 188. 2 Cush. 539. 10 Cush. 562. 125 Mass. 64. 140 Mass. 239. 153 Mass. 57, 82. 157 Mass. 340. 159 Mass. 32. 162 Mass. 135. 170 Mass. 430. 183 Mass. 393. Sounding of whistles regulated. 1885, 334. 1891, 204. R. L. Ill, 189. 1907, 431, 3. [See after, Part II, 347.] 203 Mass. 455. 84. 2. Signboards at crossings of ways. 1835, 148, 4. R. S. 39, 79. 1849, 222. 2. 1859, 125, 1. G. S. 63, ? 1862, 81,1 1872, 191. 1874, 372, 124. 1875, 219. 1878, 68. P. S. 112, 164. R. L. Ill, 190. at crossings of travelled places, when. 1859, 125, 2. G. S. 63, 85. 1874, 372, 125. P. S. 112, 165. R. L. Ill, 191. 7 Gray, 98. 140 Mass. 238. 153 Mass. 57. 170 Mass. 430. 203 Mass. 462. 210 Mass. S43. Gates, etc., at crossings. 1835, 148, 4,6. R. S. 39, 80. 1849, 222, 1-3. 1851, 317. 1854, 401. 1856, 245. G. S. 63, 86-89, 92. a signboard is required to be maintained as provided in sections one hundred and forty-nine and one hundred and fifty; and such bell shall be rung or such whistle sounded continuously or alternately until the engine has crossed such way or travelled place. The provisions of this section shall not affect the au- thority conferred upon the board of railroad commissioners by the provisions of the following section. ise Mass. 474. 187 Mass. 217. 208 Mass. 156, 456. 210 Mass. 180, 243, SOB, 307. SECTION 148. The board of railroad commissioners, upon petition, and after notice to the railroad corporation and a public hearing, may, for good cause shown, recommend to such railroad corporation such changes as it considers proper in the manner of making up and shifting freight trains or freight cars, and to the sounding of whistles on locomotives, and it may by an order in writing forbid or regulate the sounding of whistles on the locomotives of such corporation at any specified grade crossings of the tracks of such corporation with any highway or public way. The corporation which is subject to the provisions of such order shall thereafter, until the order shall have been modified or annulled by said board, conform in all respects to the terms thereof. SECTION 149. Every railroad corporation shall cause boards, supported by posts or otherwise at such height as to be easily seen by travellers, and not obstructing travel, containing on each side in capital letters at least nine inches long the follow- ing inscription, RAILROAD CROSSING LOOK OUT FOR THE ENGINE, to be placed and constantly maintained across each highway or town way where it is crossed by the railroad at the same level; or the corporation may substitute therefor warning boards on each side of the crossing, of such form, size and de- scription as the board of railroad commissioners shall approve. 153 Mass. 57. 162 Mass. 135. 203 Mass. 462. 210 Mass. 243. SECTION 150. The board of aldermen of a city or the select- men of a town in which a travelled place is crossed by a railroad at the same level, if of opinion that it is necessary for the better security of the public that boards such as are described in the preceding section should be maintained at such travelled place, may in writing request the railroad corporation to erect and maintain them. If it refuses or neglects so to do, they may apply to the board of railroad commissioners. If said board, after public notice and a hearing, decides that such erection is necessary for the better security of the public, the corporation shall comply with such decision. SECTION 151. The board of railroad commissioners, after notice to a railroad corporation whose railroad crosses a high- way, town way or travelled place at the same level, and a hear- ing, may direct in writing that gates shall be erected at said crossing across said way or place and that an agent be stationed thereat to open and close such gates when an engine or train passes, or that a flagman be stationed at the crossing, who shall PART II. OF RAILROAD CORPORATIONS. 99 display a flag when an engine or train passes, or that such cross- 1864, 152, 3. ing shall be provided with such an electric signal as said board 1374! 372! determines the better security of human life or the convenience p. 1 ! 6 !^, 166. of the public travel requires, and the corporation shall comply jfflilio with such order. R.L.'in;i92. 121 Mass. 127. 129 Mass. 364. 153 Mass. 167. S10 Mass. 243. SECTION 152. The supreme judicial court shall have juris- Enforcement diction in equity to enforce compliance with the provisions of section! the three preceding sections, and a railroad corporation which R. s.' 39, si.' unreasonably neglects to comply with an order or decision made ? 8 64, i52, 9 4'. under the provisions of the two preceding sections shall forfeit J 8 ^*** not more than one thousand dollars for every such neglect. 1875> 219 - P. S. 112. 164, 168. R. L. Ill, 193. SECTION 153. The board of railroad commissioners may re- signals quire a railroad corporation whose railroad crosses a highway cros by a crossing above the level of the highway to give such signal R 89 L. in; as said board may designate of the approach of trains to such 194 - crossing. Said board may in each case determine the nature of the signal to be given, and, in its discretion, may require an automatic signal. The supreme judicial court shall have juris- diction in equity to compel railroad corporations to comply with orders made by said board under the provisions of this section. SECTION 154. If the view of a railroad crossing or highway Removal of at grade is obstructed by standing wood in woodlands, the rail- a^croTsfn^. road corporation or ten citizens of a town may petition the R 88 L. ni; county commissioners for the county in which such crossing is 195- situated for the removal of such standing wood; and the commissioners after notice and a hearing, shall make such orders as to such removal as the public safety demands. They shall also prescribe the limits w r ithin which such standing wood shall be taken, and shall d termine the damage sustained. Such damage and the expense incident thereto shall be assessed and collected in the manner provided for the taking of land by rail- road corporations, and shall be paid by the railroad corpora- tion. Either party who is aggrieved by the decision of the commissioners, may appeal therefrom in the manner provided in section eighty-seven. SECTION 155. A railroad corporation, or receiver, or assignee Penalty on thereof, or its or his servant or agent, shall not wilfully or negli- for^bTtr^cting gently obstruct or unnecessarily or unreasonably use or occupy 18547378. etc ' a highway, town way or street, or in any case obstruct, use or ^s. ||, ^8. occupy it with cars or engines for more than five minutes at l 8 ^ 37 ' 2 ' one time; and if a highway, town way or street, has been thus P. s. 112, used or occupied with cars or engines, the railroad corporation, 1895/173. or receiver or assignee thereof, shall not again use or occupy it we. 1 with the cars or engines of a freight train, until a sufficient 135 Mass! Isa time, not less than three minutes, has been allowed for the JSQ Mass! 403' passage across the railroad of such travellers as were ready |0| Mass. 395, and waiting to cross when the former occupation ceased. A soe'Mass. 419, 100 PART II. OF RAILROAD CORPORATIONS. Occupation of ways by cars regulated. 1885, 110. R. L. Ill, 197. Electricity a motive power. 1892, 110. R. L. Ill, 198. Amended by 1910, S55. railroad corporation, receiver, or assignee thereof, who vio- lates the provisions of this section, shall forfeit one hundred dollars. SECTION 156. Upon an application to the board of railroad commissioners, according to the provisions of section ten of Part I, stating that a crossing of a railroad with a highway, town way or street at the same level is improperly used by a railroad corporation with its freight engines, freight cars or freight trains to the unreasonable inconvenience or danger of the public, said board, after notice, shall hear the parties; and, if public convenience or safety so requires, it may direct that after a date to be fixed by it such railroad corporation shall not use such crossing or any part thereof for making up, connecting or disconnecting freight trains, or the engines or cars of such trains, or for the purpose of distributing freight or freight cars; and to prevent the same may prescribe such changes to be made in the construction of side tracks, branches and connections, in proximity to such crossings, and such regulations limiting the use of such crossings, as may be necessary. Said board may at any time modify its order after a hearing and for cause shown. The supreme judicial court shall have jurisdiction in equity on application of the attorney-general to enforce compliance with such order. Equipment of Engines and Cars. SECTION 157. A railroad corporation which is subject to the provisions of this act may operate its railroad by elec- tricity, or by such other power as may duly be approved by the board of railroad commissioners. 1906, Part II, 463, 157, amended. Brakes and brakemen. 1837, 226, S. 1849, 161. G. S. 63, 81,82. 1869, 426. 1874, 372, 130. P. S. 112, 170. Acts of 1910, Chapter 355. An Act to authorize Railroad Corporations to operate their Railroads by Electricity or Other Power. SECTION 1 . Section one hundred and fifty-seven of Part II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by adding thereto the words : or by such other power as may duly be approved by the board of railroad commis- sioners, so as to read as follows: Section 157. A railroad corpora- tion which is subject to the provisions of this act may operate its railroad by electricity, or by such other power as may duly be approved by the board of railroad commissioners. SECTION 2. This act shall take effect upon its passage. [Approved April 6, 1910. SECTION 158. Every railroad corporation shall cause a suffi- cient brake to be attached to every car used upon its railroad for the transportation of passengers, and to every car used for the transportation of freight, except four-wheel cars used only for freight; and shall cause at least one brakeman for every two cars in a passenger train to be stationed thereon, and one brake- PART II. OF RAILROAD CORPORATIONS. 101 man for the last car of every freight train to be stationed f thereon. A corporation which violates the provisions of this section shall forfeit not more than one hundred dollars.* Acts of 1913, Chapter 784, 24. SECTION 24. Whenever the commission shall be of opinion, after a Train crews hearing had upon its own motion or upon complaint, that the number of be a rd e e S red ay men forming a train crew of any train operating in the commonwealth is not sufficient to operate said train for the safety of the public and the employees of the railroad, it shall thereupon order such changes as it may deem necessary. SECTION 159. A railroad corporation, in moving traffic be- safety ap - tween points in this commonwealth, shall not use any loco- PrefghTtraTns. motive w r hich is not equipped with a power driving wheel brake R 89 L! ii?| 5 *" and appliances for operating the train brake system; nor run 201> any train in such traffic unless a sufficient number of cars in it are so equipped with power or train brakes that its speed can be controlled by the engineer of the locomotive which is draw- ing such train, without the use of the common hand brakes by the brakemen. When such corporation has equipped a suffi- cient number of its cars with such power or train brakes, it may lawfully refuse to receive from connecting lines of railroad any cars used in such traffic which are not sufficiently equipped with such power or train brakes as will work and readily inter- change with the brakes in use on its own cars. SECTION 160. A railroad corporation which operates a rail- ^^ Ta on road or any portion thereof within this commonwealth shall f 1 r |^[ h y! r8 - cause to be placed upon both ends of every freight car owned R. L! 111, by it and which it may lawfully use such automatic or other safety coupler as the board of railroad commissioners, after an examination and test, may prescribe, and said board may annul any such requirement made by it. The supreme judicial court, upon the application of the attorney-general, may enforce the provisions of this section. SECTION 161. A railroad corporation, in moving traffic be- Automatic tween points in this commonwealth, shall not haul or use, or frelghTcare. permit to be hauled or used, on its lines any car which is not R 9 L. m', 5 2 ' equipped with couplers coupling automatically by impact, and islM a ss. 348. uncoupling otherwise than by going between the cars. 188 Masa - 39 - * Under date of August 3, 1912, the board of railroad commissioners made the following recom- mendations with respect to the manning of freight trains : (1) That all freight trains operated on main line tracks, and all freight trains operated on branch tracks for a distance of five miles or more, shall be provided with at least two brakemen. (2) That all freight trains propelled by two locomotives for a distance of ten or more miles, shall be provided with at least three brakemen. (3) That all freight trains while using the opposite main track for the purpose of allowing trains to pass, or for the purpose of setting out and taking in cars, where a brakeman is required to protect the opposite track, shall be provided with at least three brakemen. (4) That all light engines operated for a distance of ten or more miles shall be provided with a brakeman. It is not the intention of the Board that the foregoing recommendations shall be construed to apply to cases of emergency that may from time to time arise in the operation of the rail- road. September 3, 1912, is hereby fixed as the time when the foregoing recommendations shall become effective, and the Board reserves the right to revise the same should occasion require. FART II. OF RAILEOAD CORPORATIONS. Grab irons. 1895, 362, 3. R. L. Ill, 204. Standard height of drawbars for freight cars. 1895, 362, 4. R. L. Ill, 205. Penalty. 1895, 362, 5. R. L. Ill, 206. Limitation of preceding sections. 1895, 362, 5. R. L. Ill, 207. Extension of time for equipment. 1895, 362, 6. R. L. Ill, 208. Assumption of risk by employee restricted. 1895, 362, 7. R. L. Ill, 209. 188 Mass. 390. A mended, 1908,663, 1. Repealed, 1909, 614, $146. Now 1909, 614 1906, 463, Part II, 167, amended. SECTION 162. A railroad corporation, in moving traffic be- tween points in this commonwealth, until otherwise ordered by the board of railroad commissioners, shall not use any car, except flat cars equipped with automatic couplers, which is not provided with secure grab irons or hand holds on the ends and sides for greater security to men in coupling and uncoupling cars. SECTION 163. The standard height of drawbars for freight cars, measured perpendicularly from the level of the top of the rails to the centres of the drawbars, shall be thirty-four and one half inches for standard gauge railroads and twenty-six inches for narrow gauge railroads, with a maximum variation from such standard height, in either case, of three inches between the drawbars of empty and loaded cars; and no freight car with drawbars which do not comply with the above standard, whether loaded or unloaded, shall be used in moving traffic between points in this commonwealth. SECTION 164. A railroad corporation which violates any of the provisions of sections one hundred and fifty-nine, one hun- dred and sixty-one, one hundred and sixty-two and one hundred and sixty-three, shall, for each offence, forfeit one hundred dol- lars, which shall be recovered in an action of tort to the use of the commonwealth by the attorney-general or the district attor- ney for the district in which such offence was committed. SECTION 165. The provisions of sections one hundred and fifty-nine and one hundred and sixty-one to one hundred and sixty-four, inclusive, shall not apply to trains composed of four- wheel cars, or to locomotives used in hauling such trains. SECTION 166. The board of railroad commissioners may from time to time, after hearing and for good cause, exempt, until a date fixed by it, any railroad corporation from the requirements of sections one hundred and fifty-nine, one hundred and sixty- one, one hundred and sixty-two and one hundred and sixty-three. [SECTION 167. An employee of a railroad corporation who is injured by any locomotive, car or train which is used contrary to the provisions of sections one hundred and fifty-nine, one hundred and sixty-one, one hundred and sixty-two and one hun- dred and sixty-three, shall not be deemed to have assumed the risk of such injury, although he continues in the employment of such corporation after the unlawful use of such locomotive, car or train has been brought to his knowledge. An employee of a railroad corporation who is injured by any locomotive, car or train by reason of the negligence of any other employee of the corporation shall not be deemed to have assumed the risk of such injury.] Acts of 1908, Chapter 553. An Act to limit the Assumption of Risk by an Employee of a Railroad Corporation. SECTION 1. Section one hundred and sixty-seven of Part II of chap- ter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by adding at the end thereof the words: An employee of a railroad corporation who is injured by any locomotive, PART II. OF RAILROAD CORPORATIONS. 103 car or train by reason of the negligence of any other employee of the cor- poration shall not be deemed to have assumed the risk of such injury, so as to read as follows: Section 167. [For 167 as amended, see above.] Acts of 1909, Chapter 514, 127-143, 145, 146. LIABILITY OF EMPLOYERS TO EMPLOYEES. SECTION 127. If personal injury is caused to an employee, who, at Liability of the time of the injury, is in the exercise of due care by reason of: employee.* First, A defect in the condition of the ways, works or machinery con- R - L - : . 06 - 71 - nected with or used in the business of the employer, which arose from, or Limited, ' had not been discovered or remedied in consequence of, the negligence Kri'7^/4. of the employer or of a person in his service who had been entrusted by ^ Mass - * 5 > him with the duty of seeing that the ways, works or machinery were in 2os'Mass. 231. proper condition; or, $*> Mass - 81 - 210 Mass. 88. 212 Mass. 171, 191, 274. 213 Mass. 250. Second, The negligence of a person in the service of the employer who 203 Mass. 260. was entrusted with and was exercising superintendence and whose sole 207 Mass 204 or principal duty was that of superintendence, or, in the absence of such 212 Mass. 275. superintendent, of a person acting as superintendent with the authority 527. i or consent of such employer; or, Third, The negligence of a person in the service of the employer who 208 Mass. 16, was in charge or control of a signal, switch, locomotive engine, elevated |^' Mass 82 train or train upon a railroad or elevated railway; 210 Mass. 177, The employee, or his legal representatives, shall, subject to the provi- sions of the nine following sections, have the same rights to compensa- tion and of action against the employer as if he had not been an employee, nor in the service, nor engaged in the work, of the employer. A car which is in use by, or which is in possession of, a railroad cor- poration, or an elevated car which is in use by or which is in possession of an elevated railway corporation, shall be considered as a part of the ways, works or machinery of the corporation which uses or has it in possession, within the meaning of clause one of this section, whether it is owned by such corporation or by some other company or person. One or more cars which are in motion, whether attached to an engine or not, shall constitute a train within the meaning of clause three of this section, and whoever, as a part of his duty for the time being, physically controls or directs the movements of a signal, switch, locomotive engine, elevated train or train shall be deemed to be a person in charge or control of a signal, switch, locomotive engine, elevated train or train within the mean- ing of said clause. SECTION 128. If the injury described in the preceding section results Action if in- in the death of the employee, and such death is not instantaneous or is jj^eath m>t preceded by conscious suffering, and if there is any person who would instantaneous have been entitled to bring an action under the provisions of the follow- conscious suf- ing section, the legal representatives of said employee may, in the action R ri g 'io6, 72. brought under the provisions of the preceding section, recover damages woe, 370. for the death in addition to those for the injury; and in the same action 1911*761, under a separate count at common law, may recover damages for con- m^Muss 4 ^. scious suffering resulting from the same injury. 208 Mass. 298. 209 Mass. 82. 210 Mass. 88. 213 Mass. 250. SECTION 129. If, as the result of the negligence of an employer him if injury self, or of a person for whose negligence an employer is liable under the instantaneous provisions of section one hundred and twenty-seven, an employee is in- death or ..... ,. . . Z. . . . , .., death without stantly killed, or dies without conscious suffering, his widow or, if he conscious suf- leaves no widow, his next of kin, who, at the time of his death, were ^Mass. ss. 104 PART II. OF RAILROAD CORPORATIONS. 212 Mass. 191. 213 Mass. 250. R. L. 106, 73. Amendment of actions brought under two preceding sec- tions. 1908, 457. 210 Mass. 88. 213 Mass. 250. Limited,' 1911, 761, Part I, 4. Damages. R. L. 106, 74. 210 Mass. 88. Limited, 1911, 751, Part I, 4- Notice. R. L. 106, 75. Limited, 1911, 751, Part I, 4- 210 Mass. 88, 89. 213 Mass. 250. Liability of an employer to the employee of a contractor or sub-con- tractor. R. L. 106, 76. Limited, 1911, 751, Part I, 4- 213 Mass. 250. dependent upon his wages for support, shall have a right of action for damages against the employer. 1908, 457. 1911, 751, Part I, 4. SECTION 130. If an action is brought under the provisions of the pre- ceding section by the widow of the employee, or by the next of kin, who may have such right of action, or if the action is brought under the pro- visions of section one hundred and twenty-seven by the legal representa- tives, such action shall not fail by reason of the fact that it should have been brought under the other section, but may be so amended as to pro- vide against such failure at any time prior to final judgment. SECTION 131. If under the provisions of sections one hundred and twenty-eight and one hundred and twenty-nine damages are awarded for the death, they shall be assessed with reference to the degree of cul- pability of the employer or of the person for whose negligence the em- ployer is liable. The amount of damages which may be awarded in an action under the provisions of section one hundred and twenty-seven for a personal injury to an employee, in which no damages for his death are awarded under the provisions of section one hundred and twenty-eight shall not exceed four thousand dollars. The amount of damages which may be awarded in such action, if damages for his death are awarded under the provisions of section one hundred and twenty-eight shall not exceed five thousand dollars for both the injury and the death, and shall be apportioned by the jury between the legal representatives of the employee and the persons who would have been entitled under the provisions of section one hundred and twenty- nine to bring an action for his death if it had been instantaneous or with- out conscious suffering. The amount of damages which may be awarded in an action brought under the provisions of section one hundred and twenty-nine shall not be less than five hundred nor more than five thousand dollars. SECTION 132. No action for the recovery of damages for injury or death under the provisions of the five preceding sections shall be main- tained unless notice of the time, place and cause of the injury is given to the employer within sixty days, and the action is commenced within one year, after the accident which causes the injury or death. Such notice shall be in writing, signed by the person injured or by a person in his behalf; but if, from physical or mental incapacity it is impossible for the person injured to give the notice within the time provided in this section, he may give it within ten days after such incapacity has been removed, and if he dies without having given notice and without having been for ten days at any time after his injury of sufficient capacity to give it, his executor or administrator may give such notice within sixty days after his appointment. A notice given under the provisions of this section shall not be held invalid or insufficient solely by reason of an inac- curacy in stating the tune, place or cause of the injury if it is shown that there was no intention to mislead, and that the employer was not in fact misled thereby. SECTION 133. If an employer enters into a contract, written or ver- bal, with an independent contractor to do a part of such employer's work, or if such contractor enters into a contract with a sub-contractor to do all or any part of the work comprised in such contractor's work with the employer, such contract or sub-contract shall not bar the liabil- ity of the employer for injuries to the employees of such contractor or sub-contractor caused by any defect in the condition of the ways, works, machinery or plant, if they are the property of the employer or are fur- nished by him and if such defect arose, or had not been discovered or PART II. OF RAILROAD CORPORATIONS. 105 remedied, through the negligence of the employer or of some person en- trusted by him with the duty of seeing that they were in proper condition. SECTION 134. An employee or his legal representatives shall not be Employer not entitled under the provisions of sections one hundred and twenty-seven ,*^' e j hen ' to one hundred and thirty-one, inclusive, to any right of action for dam- ion, 75 1, ages to his employer if such employee knew of the defect or negligence RL. ioe; ' 77. which caused the injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer, or to some per- son superior to himself in the service of the employer who was entrusted with general superintendence. SECTION 135. An employer who shall have contributed to an insur- Evidence in ance fund created and maintained for the mutual purpose of indemnify- of d damages. ing an employee for personal injuries for which compensation may be fj?l t * 78- society formed under the provisions of sections seventeen, eighteen and nineteen of chapter one hundred and twenty-five of the Revised Laws, or under the provisions of sections forty-six, forty-seven and forty-eight of Part I of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, may prove in mitigation of the damages recoverable by an employee under the provisions of said sections, such proportion of the pecuniary benefit which has been received by such employee from any such fund or society on account of such contribution of said employer as the contribution of such employer to such fund or society bears to the whole contribution thereto. SECTION 136. An employer of labor may submit to the state board of Plans ? f c m - .,. ,. i i , ,- i F j_- r i i pensation for conciliation and arbitration a plan of compensation for employees in his injured em- employ, providing foj payments to them in the event of injury in the igosT-m course of their employment, based upon a certain percentage of their i. 2. average earnings, and without reference to legal liability under the com- mon law of the employers' liability act. After examination of such plan of compensation, and a public hearing thereon after public notice thereof, said board may, if it considers the plan fair and just to the employee, give its approval thereof by its certificate attached thereto; and, there- after, the employer may enter into a contract with his employees by which they shall release him from liability in case of injury in the course of said employment and accept in lieu thereof the compensation provided in said plan. SECTION 137. Either parent or the guardian of any minor employee Form of agree- may agree to said plan of compensation in behalf of the minor. Such "ethoTof agreement shall be in writing signed by the employee, or, in the case of signing. a minor employee, by either parent or the guardian, in the presence of two witnesses, of whom one shall be an employee at the time of such signature. ' SECTION 138. No employer shall require as a condition of employ- Agreement to ,, , i i ii i f a.- plan to be vol- ment that any employee shall assent to any plan of compensation or in U ntary. any way waive his legal right to recover damages for an injury outside J^f^gg' the provisions of such plan, and no contract under such plan of compen- 4, 5. sation shall be binding for more than one year from the date thereof. SECTION 139. The employees of any employer of labor, numbering Employees, at least ten per cent of those regularly employed during the preceding ^ft to n the Sl year, may submit to the state board of conciliation and arbitration a plan ^"$ f g" of compensation such as is described in section one hundred and thirty- a plan of corn- six of this act. Such plan shall be referred to the employer, and in case ?go8?489.' e no agreement between the employer and employees is reached within 1909 > 2n - thirty days and reported to said board, then after examination of the 106 PART II. OF RAILROAD CORPORATIONS. Contracts for exemption of employer from jiability for injury for- bidden. R. L. 106, 16. 1908, 489, 6. Protection of interests of employees. 1908, 380. Limited, 1911, 751, Part I, 4- Extent of application of preceding sections. Assumption of risk by rail- road em- ployees. 1906, 463, Part II, 167. Limited, 1911, 761, Part I, 4- 209 Mass. 495. Repeal. 210 Mass. 89. said plan of compensation, and a public hearing thereon after public notice thereof, the board of conciliation and arbitration may, if it con- siders the same fair and just to the employer and employees, recommend to the employer the adoption of the same. Upon notice of acceptance of the plan duly filed by the employer the plan shall be deemed to be in force precisely as if it had been submitted and approved under the pro- visions of the preceding sections of this act. SECTION 140. Except as provided in the four preceding sections, no person shall, by a special contract with his employees, exempt himself from liability which he may be under to them for injuries suffered by them in their employment and resulting from the negligence of the employer or of a person. in his employ. SECTION 141. A justice of the superior court may, upon petition setting forth in ordinary language that the servant or employee of a certain firm, person, corporation or association has been injured in the course of his employment, through some defect in the ways, works or machinery owned or used by the employer, and that it is necessary in order to protect the interests of the injured person that an examination should be made of the ways, works or machinery through whose defect the injury occurred, and after such notice to the employer as any justice of said court may direct or approve, and a hearing, grant an order direct- ing the employer or person in control of such ways, works or machinery to permit the person named in said order to make such examination, under such conditions as shall be set forth in the order. SECTION 142. The provisions of the fourteen preceding sections shall not apply to injuries caused to domestic servants or farm laborers by fellow employees. R- L. 106, 79. Limited, 1911, 751, Parti, 4. SECTION 143. An employee of a railroad corporation who is injured by any locomotive, car or train which is used contrary to the provisions of sections one hundred and fifty-nine, one hundred and sixty-one, one hundred and sixty-two and one hundred and sixty-three of Part II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, shall not be deemed to have assumed the risk of such injury, although he continues in the employment of such corporation after the unlawful use of such locomotive, car or train has been brought to his knowledge. An employee of a railroad corporation who is injured by any locomotive, car or train by reason of the negligence of any other employee of the corporation shall not be deemed to have assumed the risk of such injury. REPEAL. SECTION 145. Section fifty-seven of chapter twenty-five of the Re- vised Laws, sections thirty-eight to forty-seven, inclusive, of chapter one hundred and four of the Revised Laws, chapter one hundred and six of the Revised Laws, sections eleven and twelve of chapter one hundred and eight of the Revised Laws, section thirty-four of chapter one hun- dred and eighty-nine of the Revised Laws, section twenty of chapter two hundred and twenty-four of the Revised Laws; chapters one hundred and eighty-three, three hundred and twenty-two, three hundred and fifty, three hundred and eighty-four, four hundred and thirty, four hundred and thirty-five, four hundred and forty-six and four hundred and fifty of the acts of the year nineteen hundred and two; chapters two hundred and seventy-five and four hundred and seventy-five of the acts of the year nineteen hundred and three; chapters three hundred and eleven, three hundred and thirteen, three hundred and fifteen, three hundred and twenty, three hundred and thirty-four, three hundred and thirty-five, PART II. OF RAILROAD CORPORATIONS. 107 three hundred and forty-three, three hundred and forty-seven, three hundred and forty-nine, three hundred and ninety-seven, three hundred and ninety-nine and four hundred and thirty-two of the acts of the year nineteen hundred and four; chapters two hundred and thirteen, two hundred and thirty-one, two hundred and thirty-eight, two hundred and sixty-seven, three hundred and four and three hundred and eight of the acts of the year nineteen hundred and five; chapters two hundred and fifty, two hundred and eighty-four, three hundred and seventy, three hundred and ninety, four hundred and twenty-seven, four hundred and thirty-five, section one hundred and sixty-seven of Part II of chapter four hundred and sixty-three, chapters four hundred and ninety-nine and five hundred and seventeen of the acts of the year nineteen hundred and six; chapters one hundred and thirty-five, one hundred and sixty-four, one hundred and ninety-three, two hundred and twenty-four, two hun- dred and sixty-seven, two hundred and sixty-nine, section two of chapter five hundred and three, chapters five hundred and seventy and five hundred and seventy-seven of the acts of the year nineteen hundred and seven; chapters two hundred and seventeen, two hundred and twenty- eight, three hundred and six, three hundred and eighty, four hundred and twenty, four hundred and fifty-seven, four hundred and eighty-five, four hundred and eighty-nine, five hundred and forty-seven, six hundred and forty-five and six hundred and fifty of the acts of the year nineteen hundred and eight, and chapter two hundred and eleven of the acts of the year nineteen hundred and nine, and all other acts and parts of acts inconsistent herewith are hereby repealed. SECTION 146. The provisions of this act, so far as they are the same Effect of as those of existing statutes, shall be construed as a continuation thereof, "icf Maaj. 89. and not as new enactments, and a reference in a statute which has not been repealed to provisions of law which have been wholly or partially revised and re-enacted herein shall be construed as applying to such provisions as so incorporated in this act. The repeal of a law by this act shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action, suit or proceeding commenced under any of the laws repealed before the repeal took effect, or any action, suit or proceeding pending at the time of the repeal for an offence com- mitted, or for the recovery of a penalty or forfeiture incurred, under any of the laws repealed, but the proceedings shall, when necessary, conform to the provisions of this act. Any provision of this act by which a punishment, penalty or forfeiture is mitigated may be extended and applied to any judgment pronounced after said repeal. Acts of 1909, Chapter 363. An Act relative to the Rights of Action of Employees against Employers. SECTION 1. If a defect in the ways, works or machinery of a person, Rights of partnership or corporation has been reported to the person whose duty ^pioyees it is to remedy said defect, or cause it to be remedied, or to report its against . ,.,.,,. ii,. i employers. existence, and such defect is not remedied within a reasonable time, and See 1909, 514, by reason of said defect an employee is injured, such employees shall not ****? 1 ^4- be held to have assumed the risk of such injury. SECTION 2. This act shall take effect on the first day of January in the year nineteen hundred and ten. [Approved May 7, 1909. 108 PART II. OF RAILROAD CORPORATIONS. Damages for personal in- jury, etc. Law not to apply in certain cases. Tools to be carried with trains. 1870, 372. 1871,7. 1874, 372, 131. P. S. 112, 171. 1882, 54, 1. R. L. Ill, 210. Safeguards against fire. 1882, 64, 3. R. L. Ill, 211. See 1906, 283. Heating of cars regulated. 1887, 362. 1891, 249. R. L. Ill, 212. See 1911, 491. ACTS OF 1911, CHAPTER 751, PART I, 1, 4. An Act relative to Payments to Employees for Personal Injuries received in the Course of their Employment and to the Prevention of Such Injuries. PART I. MODIFICATION OF REMEDIES. SECTION 1. In an action to recover damages for personal injury sus- tained by an employee in" the course of his employment, or for death resulting from personal injury so sustained, it shall not be a defense: 1. That the employee was negligent; 2. That the injury was caused by the negligence of a fellow employee; 3. That the employee had assumed the risk of the injury. SECTION 4. The provisions of sections one hundred and twenty-seven to one hundred and thirty-five, inclusive, and of one hundred and forty- one to one hundred and forty-three, inclusive, of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, and of any acts in amendment thereof, shall not apply to employees of a subscriber while this act is in effect. SECTION 168. Every railroad corporation shall equip each of its trains, for use in case of accident, with two car replacers, two jack screws, two crowbars, one pinch bar, one claw bar, one spike hammer, two sharp axes, and ropes or chains suitable for hauling cars; and shall also equip each car of every passen- ger train which is owned or regularly used by it, including mail and baggage cars, with two sets of tools, consisting of an axe, a sledge hammer, a crowbar, handsaw and pail, which shall be maintained in good condition, and one set of which shall be kept upon the inside and the other upon the outside of every such car, in a convenient place and in a manner approved by the board of railroad commissioners; but one set shall be suffi- cient if so placed as to be accessible both from the inside and outside of such car. A corporation which violates the provi- sions of this section shall forfeit five hundred dollars. SECTION 169. Every passenger, baggage, mail and express car, which is owned or regularly used on any railroad in this commonwealth, shall be provided with such safeguards against fire as the board of railroad commissioners in writing shall order. A corporation which violates the provisions of this sec- tion shall forfeit three hundred dollars for each offence. SECTION 170. A passenger, mail or baggage car in this com- monwealth shall not be heated by a stove or furnace which is kept inside the car or suspended therefrom unless it is tem- porarily necessary by reason of an accident or other emergency, and no method of heating such cars nor heater shall be used until it shall have been approved in writing by the board of railroad commissioners; but said board may from time to time grant such exemptions from the requirements of this section as may seem to it necessary or reasonable, and may grant permis- sion to any railroad corporation to make such experiments in heating its passenger cars as said board determines is proper. PART II. OF RAILROAD CORPORATIONS. 109 A corporation which violates the provisions of this section shall forfeit not more than five hundred dollars. SECTION 171. A passenger car on a railroad shall not be Passenger cars lighted by naphtha, nor by an illuminating oil or fluid made in lighted by part of naphtha or which will ignite at a temperature of less iles^se 0118 ' than three hundred degrees Fahrenheit. A corporation which If^'lyl; violates the provisions of this section shall forfeit not more than f> 1 j?2. i -i i i 11 I*. B. 11Z, t I'A five hundred dollars. R.L.m,2i3. SECTION 172. Every passenger, baggage, mail and express platform car, which is owned or regularly used on any railroad in this fgoo.'zas. commonwealth shall be provided at each end thereof with plat- f^u. 111 ' form gates of a pattern approved by the board of railroad com- Seeisn, no. missioners. A railroad corporation which hauls or uses or permits to be hauled or used on its railroad any car in violation of the provisions of this section shall, for each offence, forfeit one hundred dollars to the use of the commonwealth, and the attorney-general or the district attorney for the district in which such violation occurred shall bring an action therefor. Acts of 1911, Chapter 491. An Act relative to the Furnishing of Drinking Water on Passenger Trains. SECTION 1. Every railroad car, excepting private cars, sleeping cars, Drinking dining cars, parlor cars, and the smoking, buffet and observation cars used p* 8 ^ n r in connection with the same, while in use for the transportation of pas- trains, sengers, upon a train running thirty miles or more, shall be provided m^ssi. y with a sufficient quantity of pure drinking water in such place or places in the car as will be convenient for the passengers, and with individual drink- ing cups which shall be accessible to the passengers. Said cups shall be in a proper receptacle near the water tank, and said receptacle shall be so placed as to be easily seen and shall be plainly marked as follows: DRINKING CUPS FOR USE ONLY IN THIS CAR FREE such words to occupy a space not less than two inches wide by three inches long, and to be in clear black letters on a white background. No charge shall be made for the water or for the drinking cups. The water and cups supplied shall be subject to the supervision and approval of the state board of health; and the said board shall enforce the provisions of this act. SECTION 2. Violations of this act shall be punished by a fine of not Penalty, less than twenty-five dollars for each trip made by a car used for trans- porting passengers and not provided with water and utensils for its dis- tribution in accordance with the provisions hereof. SECTION 3. This act shall take effect on the fifteenth day of June in the current year. [Approved May 27, 1911. Acts of 1912, Chapter 581. An Act relative to the Furnishing of Drinking Water on Passenger Trains of Railroad Corporations. Section one of chapter four hundred and ninety-one of the acts of the 1911,491, year nineteen hundred and eleven is hereby amended by inserting after amended, the word "car", in the first line, the words: excepting private cars, 110 PART II. OF RAILROAD CORPORATIONS. sleeping cars, dining cars, parlor cars, and the smoking, buffet and observa- tion cars used in connection with the same, by inserting after the word "passengers", in the sixth line, the words: Said cups shall be in a proper receptacle near the water tank, and said receptacle shall be so placed as to be easily seen and shall be plainly marked as follows : DRINKING CUPS FOR USE ONLY IN THIS CAR FREE such words to occupy a space not less than two inches wide by three inches long, and to be in clear black letters on a white background, and by striking out all after the word "act", in the tenth line, so as to read as follows: Section 1. [For 1 as amended, see above.] JSEftive [SECTION 173. The board of railroad commissioners may i882 rS 73 make and revise regulations for testing the boilers of locomo- R. L! iii. tives, and shall communicate such revision to every person or Repealed. corporation which operates a railroad in this commonwealth. The tests under such regulations shall, if possible, be made by the master mechanic of the corporation, firm or person which constructs, repairs or uses such boilers. A person or corpora- tion using a locomotive on a railroad in this commonwealth, the boiler of which has not been tested in accordance with the pro- visions of this section, shall be punished by a fine of twenty dollars for every day during which such use continues, to the use of the commonwealth.]* Section 173, The board of railroad commissioners may make and revise regulations for testing boilers of locomotives used by railroad corporations, by other corporations, and by persons, firms or associations upon any railroad or railway within the commonwealth, and every person, firm, association and corpora- tion other than a railroad corporation so using a locomotive shall inform said board in writing on or before June thirtieth -of each year of the number of locomotives so used by him or it, together with the length of track of such railroad or railway, its location * On June 1, 1909, the board of railroad commissioners, under the provisions of Acts of 1909, chapter 348, issued the following regulations for the inspection and test of locomotive boilers: All boilers for locomotives, before going into service, must be subjected to a hydraulic pressure of at least twenty-five pounds per square inch in excess of the maximum working pressure allowed, and in no case shall it be less than one hundred and fifty pounds per square inch. The master mechanic or other proper representative of the company shall attend the test in person. This test must be repeated at least once in every twelve months. Stay-bolts must be examined after every hydraulic test, before engine goes into service, and special examination of stay-bolts must be made at least as often as once in every three months. When these examinations are made, all the water must be drawn from the boiler, so that tle vibration of the sheet may indicate any unsoundness of the stay-bolts, when it is struck with the hammer. The tell-tale holes must be carefully examined and any found closed must be opened. All stay-bolts, except flexible bolts and those eight inches or over in length, must be drilled from the outside one and one-fourth inches deep and three sixteenths of an inch in diameter. In inspecting flexible stay-bolts with caps on the outside, caps must be removed at least once in every twelve months. All stay-bolts found broken at the time of inspection shall be removed before engine is allowed to go into service. Steam gauges and safety valves must be tested immediately before hydraulic pressure is ap- plied and tested at least once in three months thereafter. A record of all tests must be made, giving dates and any other information worthy of mention, and a report of the same for the preceding calendar year must be made annually to the Board of Railroad Commissioners on or before the first day of February. These regulations supersede all previous regulations made by the Board of Railroad Commis- sioners. PART II. OF RAILROAD CORPORATIONS. Ill and uses, and such other information as the board may require. The provisions of this section shall apply to railroads for private use authorized by section two hundred and fifty-one of Part II of this act. Tests under regulations made as aforesaid shall, if possible, be made by the master mechanic of the corporation, association, person or firm which constructs, repairs or uses the boiler of the locomotive, and the report of such tests shall be in form satisfactory to the board. A corporation, association, firm or person using a locomotive in this commonwealth the boiler of which has not been tested in accordance with the provisions of this section shall be punished by a fine of twenty dollars for every day after notice by the board during which such use continues. Acts of 1909, Chapter 348. An Act relative to the Testing of Boilers of Locomotives. Chapter four hundred and sixty-three of the acts of the year nineteen 1906, 463, hundred and six is hereby amended by striking out section one hundred Amended and seventy-three of Part II and inserting in place thereof the following: Section 173. [For 173 as amended, see above.] SECTION 174. A railroad corporation which uses any vacuum Mufflera with brake shall provide and use on every locomotive equipped there- brakes with a muffler or other appliance, approved in writing by the Iff'j 84 ' board of railroad commissioners, for deadening the noise inci- ?. f 73 ^ dent to the operation of such brake; but any other appliance R. L. in, may be used upon any locomotive for the purpose of experiment only, for not more than thirty days, but not upon more than two locomotives of the same corporation at any one time. Every application to said board for approval of such appliances shall be in writing; and such approval may be revoked by said board by written notice to the corporation. SECTION 175. A railroad corporation w r hich uses upon its with safety locomotives a pop or other safety valve shall provide and use IsToTW, 2. therewith a suitable and sufficient appliance for deadening the f'lfs. 112 ' sound made by steam escaping therefrom, and, if it materially j^g nit retards the escape of steam or increases the pressure upon the boiler, the corporation shall use an additional safety valve with- out such appliance, set at a higher point than the other but below the point at which explosion is likely to occur. SECTION 176. A corporation which violates any provision Penalties. of the two preceding sections shall forfeit not less than one p 87 |; if!,' 4 ' hundred nor more than three hundred dollars for every locomo- ft 1 ! 6 '!!!, tive used by it in violation thereof, and a further sum of five 217 - dollars for each day upon which such locomotive shall be run in violation thereof. SECTION 177. Every railroad corporation shall furnish rea- Reasonable ac- 11 i . p , i i i> i F commodations. sonable accommodations tor the convenience and safety or pas- 1349, 191, 2. sengers; and for every wilful neglect to provide the same shall i874;372, n ' forfeit not less than five nor more than twenty dollars. P. S. 112, 177. R. L. Ill, 219. See 1911, 120. 112 PART II. OF RAILROAD CORPORATIONS. Uniform caps and badges for employees. 1874, 292; 372, 134. 1876, 33. P. S. 112, 178. R. L. Ill, 220. Color-blind- ness, examina- tion for. 1881, 194. P. S. 112, 179. 1883, 125. R. L. Ill, 221. See 1911,639. Locomotive engineers. Conductors. Work on Lord's day unlawful, unless. SECTION 178. Every railroad corporation shall provide a uniform hat or cap and distinguishing badge, which shall be worn by all its employees whose duties relate immediately to the transportation of passengers or their baggage. A corpora- tion which neglects to provide such uniform hat or cap and badge shall forfeit one hundred dollars for each week of such neglect; and if such an employee neglects to wear the same when on duty, the corporation which employs him shall for each case of such neglect forfeit twenty-five dollars; and no employee, unless wearing his uniform hat or cap and badge, shall be permitted to exercise any authority or to perform any of the duties of his office. SECTION 179. A railroad corporation shall not employ any person or keep him in its employ in a position which requires the employee to distinguish form or color signals, unless he has been examined for color-blindness or other defective sight by a competent person employed by the corporation and has received a certificate that he is not disqualified for such position by color-blindness or other defective sight. A railroad corporation which violates the provisions of this section shall forfeit one hundred dollars. Acts of 1911, Chapter 539. An Act relative to the Employment of Locomotive Engineers and Con- ductors by Railroad Corporations. SECTION 1. No person shall act as a locomotive engineer unless he shall have been employed two years as a locomotive fireman or as an engineer's helper, or, prior to the passage of this act, shall have been employed as a locomotive engineer. SECTION 2. No person shall act as a conductor on a railroad train unless he shall have been employed as a brakeman for two years, or, prior to the passage of this act, shall have been employed as a conductor on a railroad train. SECTION 3. No person shall knowingly engage, promote, require, per- suade, prevail upon, or cause any person to act in violation of either of the preceding sections. SECTION 4. Nothing in this act shall be construed as applying to the operating of locomotive engines by engine hostlers in or around engine houses. In the event of the disability of an engineer or conductor on the road, railroad companies may employ persons without the qualifications prescribed by this act, but only for the purpose of reaching a terminal station. SECTION 5. Any violation of the provisions of this act shall be punished by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or by both such imprisonment and fine, and each day's violation shall constitute a separate offence. SECTION 6. This act shall apply to standard gauge railroads only. SECTION 7. This act shall take effect upon its passage. [Approved June 10, 191 L Acts of 1909, Chapter 514, 52. SECTION 52. Except in cases of emergency or except at the request of the employee, it shall not be lawful for any person, partnership, associa- tion or corporation to require an employee engaged in any commercial occupation, or in the work of any industrial process, or in the work of PART II. OF RAILROAD CORPORATIONS. 113 transportation or communication, to do on the Lord's day the usual work of his occupation, unless such employee is allowed during the six days next ensuing twenty-four consecutive hours without labor. But the provisions of this section shall not be construed as authorizing any work on the Lord's day not now authorized by law; nor as applying to farm or personal service, to druggists, to watchmen, to superintendents or managers, to janitors, or to persons engaged in the transportation, sale or delivery of milk, food or newspapers. Whoever violates the pro- visions of this section shall be punished by a fine of not more than fifty dollars for each offence. Revised Laws, Chapter 106, 15. SECTION 15. A corporation which is engaged in carrying passengers Railroads, etc., or in transporting freight for hire shall not require or receive from a certahi'bonds. person who is employed or about to be employed by it a bond or other 1900 ' 282> security, either with or without surety, to indemnify such corporation against loss or damage to other persons or to property resulting from the act or neglect of such person, except a bond to account for money or other property of such corporation. A corporation or a person in its behalf who violates the provisions of this section shall be punished by a fine of not more than fifty dollars for the first offence and of not more than one hundred dollars for each subsequent offence. Acts of 1909, Chapter 514, 25, 26. SECTION 25. No railroad, street railway, electric light, gas, telegraph, j^P^ ent telephone, water or steamboat company shall appoint, promote, reinstate, service cor- suspend or discharge any person employed or seeking employment by Dieted 18 ' any such company at the request of the governor, lieutenant governor, ^ 3> 3 320 ' or any member or member elect of the council or of the general court, or candidate therefor, justice of the supreme judicial court, justice of the superior court, judge of probate, justice of a police, district or municipal court, district attorney, member or member elect of a board of county commissioners, or candidate for county commissioner, member or member elect of a board of aldermen, or selectmen, or city council, or any executive, administrative or judicial officer, clerk or employee of any branch of the government of the commonwealth or of any county, city or town; nor shall any such public officer or body, or any member or member elect thereof or candidate therefor, directly or indirectly advocate, oppose, or otherwise interfere in, or make any request, recom- mendation, endorsement, requirement or certificate relative to, and the same, if made, shall not be required as a condition precedent to, or be in any way regarded or permitted to influence or control, the appoint- ment, promotion, reinstatement or retention of any person employed or seeking employment by any such corporation, and no such person shall solicit, obtain, exhibit, or otherwise make use of any such official re- quest, recommendation, certificate or endorsement in connection with any existing or desired employment by a public service corporation. Any person or corporation violating the provisions of this section shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars for each offence. SECTION 26. .The offices of probation officer, notary public and justice efinld 0ffices of the peace, prison officer, agent of the prison commissioners and agent 1903, 32^, 2. of the state board of charity shall not be considered public offices within the meaning of the preceding section. 114 PART II. OF RAILROAD CORPORATIONS. 1909, 514, 112, etc., amended. Weekly pay- ment of wages, etc. 1879, 128. P. S. 28, 12. 1886, 87, 1,2. 1887, 399, 1. 1891, 239, 1. 1894, 508, 51, 65. 1895, 438. 1896, 241, 334. 1898, 481. 1899, 247. 1900, 470. 163 Mass. 589. 170 Mass. 140. 172 Mass. 230. See 191 1,249. 206 Mass. 423. Penalty. WEEKLY PAYMENT OF WAGES. Acts of 1909, chapter 514, 112, etc., as amended by Acts of 1911, Chapter 208. An Act relative to the Weekly Payment of Wages by Express Companies. Section one hundred and twelve of chapter five hundred and fourteen of the acts of the year nineteen hundred and nine, as amended by chapter three hundred and fifty of the acts of the year nineteen hundred and ten, is hereby further amended by striking out the word "incorporated", in the third line, so as to read as follows: Section 112. Every manu- facturing, mining, or quarrying, mercantile, railroad, street railway, telegraph or telephone corporation, every express company or water company, and every contractor, person or partnership engaged in any manufacturing business, in any of the building trades, in quarries or mines, upon public works or in the construction or repair of railroads, street railways, roads, bridges or sewers, or of gas, water or electric light works, pipes or lines, shall pay weekly each employee engaged in his or its business the wages earned by him to within six days of the date of said payment, but any employee leaving his or her employment, shall be paid in full on the following regular pay day; and any employee dis- charged from such employment shall be paid in full on the day of his discharge, or in the city of Boston as soon as the provisions of law requiring pay rolls, bills and accounts to be certified shall have been complied with; and the commonwealth, its officers, boards and com- missions shall so pay every mechanic, workman and laborer who is employed by it or them, and every person employed by it or them in any penal or charitable institution, and every county and city shall so pay every employee who is engaged in its business the wages or salary earned by him, unless such mechanic, workman, laborer or employee requests in writing to be paid in a different manner; and every town shall so pay each employee in its business if so required by him; but an employee who is absent from his regular place of labor at a time fixed for payment shall be paid thereafter on demand. The provisions of this section shall not apply to an employee of a co-operative corporation or association if he is a stockholder therein unless he. requests such corpora- tion to pay him weekly. The board of railroad commissioners, after a hearing, may exempt any railroad corporation from paying weekly any of its employees if it appears to the board that such employees prefer less frequent payments, and that their interests and the interests of the public will not suffer thereby. No corporation, contractor, person or partnership shall by a special contract with an employee or by any other means exempt himself or itself from the provisions of this and the following section. Whoever violates the provisions of this section shall be punished by a fine of not less than ten nor more than fifty dollars. [Approved March 28, 1911. Chief of dis- trict police to prosecute vio- lations of preceding section. 1886, 87, 2-4. 1887, 399, 2. 1891, 239. 1894, 508, 52-54. 1895, 438. 1896, 334. Acts of 1909, Chapter 514, 113. SECTION 113. The chief of the district police or an inspector of factories and public buildings may make a complaint against any person for a violation of the provisions of the preceding section. [1909, 614, 112, now 1911, 208.} Complaints for such violation, shall be made within thirty days after the date thereof, and, on the trial, no defence for failure to pay as required, other than the attachment of such wages by the trustee process or a valid assignment thereof or a valid set-off against the same, or the absence of the employee from his regular place PART II. OF RAILROAD CORPORATIONS. 115 of labor at the time of payment, or an actual tender to such employee isos, 481. at the time of payment of the wages so earned by him, shall be valid. ^j^' 423 The defendant shall not set up as a defence a payment of wages after the bringing of the complaint. An assignment of future wages which are payable weekly under the provisions of this act shall not be valid if made to the person from whom such wages are to become due or to any person on his behalf or if made or procured to be made to another person for the purpose of relieving the employer from the obligation to pay weekly. The word "person" in this section shall include the corporations, contractors, persons and partnerships described in the preceding section. Revised Laws, Chapter 176, 1. SECTION 1. A person qualified to vote for representatives to the Qualifications general court shall be liable to serve as a juror, except that the following tk>ns exemp ~ persons shall be exempt : c. L. 55, 2. The governor; lieutenant-governor; members of the council; secre- c! L! 352! tary of the commonwealth; members and officers of the senate and irfs'I^f 4' 9 " house of representatives during the session of the general court; judges 1802! 92! i! and justices of a court, except justices of the peace; county and asso- ilos!^ ' 1- ciate commissioners; clerks of courts and assistant clerks and all regularly l j< Jl^f: appointed officers of the courts of the United States and of this common- 95. ' 1-3. wealth; registers of probate and insolvency; registers of deeds; sheriffs ifto! 218, 8. and their deputies; constables; marshals of the United States and j|5|' j^ 4 -. 2 their deputies, and all other officers of the United States; attorneys G. s.' 132, at law; settled ministers of the gospel; officers of colleges; preceptors fleV.l'is. and teachers of incorporated academies; registered practising physi- 7 *< j^o, 17. cians and surgeons; cashiers of incorporated banks; constant ferrymen; L 2. persons who are more than sixty-five years old ; members of the volunteer j^M^st. 107. militia; members of the ancient and honorable artillery company; super- f^Mas^'eo intendents, officers and assistants employed in or about a state hospital, 143 Mass! iso. insane hospital, jail, house of correction, state industrial school or state prison; keepers of light houses; conductors and engine drivers of railroad trains; teachers in public schools; enginemen and members of the fire department of the city of Boston, and of other cities and towns in which such exemption has been made by vote of the city council or the inhab- itants of the town, respectively. Acts of 1908, Chapter 604, 3. SECTION 3. In addition to the persons exempted by the laws of the Exemptions. United States from enrolment in the militia, the following persons shall Fj^L 116 ^ ^ ts also be absolutely exempt: justices and clerks of courts of record; p. s. 14, 2. judges and - registers of probate and insolvency; registers of deeds, and isos] IOT', 2! sheriffs ; officers who hold or have held commissions in the regular or 4 J v ? as8 - 2 j??;, volunteer army or navy of the United States; officers who have held, u Mass! 394! for a period of five years, commissions in the militia of this or of any . other state of the United States, or who have been superseded and dis- 2 Pick. 597. charged, or who have held commissions in any organization of the Massa- chusetts volunteer militia at the time of its disbandment; enlisted men who have served honorably in the volunteer militia for a period of nine years; ministers of the gospel; practising physicians; superintendents, officers and assistants employed in or about any of the state hospitals, state almshouses, state prisons, jails or houses of correction; keepers of lighthouses; conductors and engine drivers of railroad trains; seamen actually employed on board of any vessel, or who have been so employed within three months next preceding the time of enrolment. 116 PART II. OF RAILROAD CORPORATIONS. Further appliances. 1882, 54, 4. R. L. 111. 222. See 1908, 495. Rates of fare, how estab- lished and revised. R. S. 39, 83. G. S. 63 112. 1870, 325. 1. 1874, 372, 179. P. S.I 12, 180. R.L. Ill, 225. 12 Gray, 180. 160 Mass. 82. 170 Mass. 205. 210 Mass. 163, 655. See 1907, 287; 1908, 504. Charges for service regu- lated. Fixing of rates, charges, etc., subject to com- mission's approval. Issue of mileage, and other tickets. Season tickets. SECTION 180. The board of railroad commissioners may require a railroad corporation to equip its cars with such other appliances as, in the judgment of said board, are necessary for the further protection of life in all passenger trains used in this commonwealth. Fares, Tolls, Charges, etc. SECTION 181. A railroad corporation may establish for its sole benefit fares, tolls and charges upon all passengers and property conveyed or transported on its railroad, at such rates as may be determined by its directors, and may from time to time by its directors regulate the use of its railroad; but such fares, tolls and charges, and such regulations, shall be subject to revision and alteration by the general court, or by such offi- cers or persons as it may appoint for the purpose, anything in the charter of the railroad corporation to the contrary notwith- standing. Acts of 1913, Chapter 784, 17, 19, 20-22. SECTION 17. All charges made, demanded or received by any common carrier subject to the supervision of the commission for any service rendered or performed, or to be rendered or performed by it or in connection there- with in the conduct of its common carrier business, or made, demanded or received by any two or more common carriers joining in rendering or performing any service shall be just and reasonable, and every such common carrier and any two or more such common carriers joining in rendering or performing any service shall be entitled to make, demand and receive just and reasonable charges for any such service, and every unjust or unreasonable charge is hereby prohibited and declared unlawful; but charges heretofore established and set out in any schedule filed as hereinafter provided shall be deemed prima facie lawful until changed or modified by the commission under the powers conferred upon the com- mission by the provisions of this act, but this provision shall not give to such rates any greater weight as evidence of the reasonableness of other rates than they would otherwise have. SECTION 19. Subject to the powers of the commission to regulate and prescribe rates and charges, a common carrier may make commodity, transit, or other classes of rates. The furnishing by any common carrier of any service at the rates and upon the terms and conditions provided for in any existing contract executed prior to the first day of July, nine- teen hundred and thirteen, shall not constitute a discrimination unless the commission shall so determine. The commission shall not be pre- vented from taking such action as it may deem proper by any commitment or agreement of a common carrier entered into by reason of any require- ment or recommendation of any board or public officers acting under delegated authority from the general court prior to the enactment hereof. Unless the commission shall determine otherwise common carriers shall be permitted, whether required to do so by law or not, to issue mileage, workingmen's, excursion, school, or commutation passenger tickets, or reduced rate tickets for the transportation of children under twelve years of age, or of pupils attending schools, or joint interchangeable mileage tickets, with special privileges as to the amount of free baggage that may be carried under mileage tickets of five hundred miles or more. All season tickets, before issuance, shall be subject to the approval of the commission as to the form thereof and the conditions named therein. PART II. OF RAILROAD CORPORATIONS. 117 SECTION 20. Every common carrier shall file with the commission and ^tes^ete? to shall plainly print and keep open to public inspection, schedules showing be filed, etc. all rates, joint rates, fares, telephone rentals, tolls, classifications and charges for any service, of every kind rendered or furnished, or to be ren- dered or furnished, by it within the commonwealth, and all conditions and limitations, rules and regulations and forms of contracts or agree- ments in any manner affecting the same, in such places, within such time, and in such form, and with such detail as the commission may order. In Forms for the case of common carriers the forms prescribed for such schedules and 8chedules - the requirements relative to the filing and publication thereof shall con- form, as nearly as may be, to the forms prescribed by and the similar re- quirements of the interstate commerce commission. No common carrier charges, etc., shall, except as otherwise provided in this act, charge, demand, exact, re ulated - receive, or collect .a different rate, joint rate, fare, telephone rental, toll or charge for any service rendered or furnished by it, or to be rendered or furnished, from that applicable to such service as specified in its schedule filed with the commission and in effect at the time. Nor shall any com- Refunds, etc. mon carrier refund, or remit directly or indirectly, any rate, joint rate, fare, telephone rental, toll or charge so specified, or any part thereof, nor extend to any person or corporation any rule, regulation, privilege or facil- ity except such as are specified in the said schedule and regularly and uni- formly extended to all persons and corporations under like circumstances for the like, or substantially similar, service. Unless the commission Thirty days' otherwise orders, no change shall be made in any rate, joint rate, fare, cha^Vin rates telephone rental, toll, classification or charge, or in any rule or regulation etc. or form of contract or agreement in any manner affecting the same as shown upon the schedules filed in accordance with this act, except after thirty days' notice to the commission, which notice shall plainly state the changes proposed to be made in the schedule then in force and the time when such changes shall take effect, and such notice to the public as the commission shall order, to be given prior to the time, fixed in such notice to the commission, for the changes to take effect. The commission, for Waiver of good cause shown may allow changes without requiring the thirty days' n notice, under such conditions as it may prescribe, and may suspend the taking effect of changes under the circumstances and in the manner here- inafter provided. At the time when any changes take effect, they shall be plainly indicated upon existing schedules, or new schedules shall be printed and filed, as the commission may order. Nothing in this act shall Certain exist- , . . ing contracts be construed to prevent any telegraph or telephone corporation from con- not affected, tinuing to furnish the use of its lines, equipment or service under any contract or contracts in force at the date when this act takes effect, or upon the taking effect of any schedule or schedules of rates subsequently filed with the commission, as hereinafter provided, at the rate or rates fixed in such contract or contracts : provided, however, that when any such Proviso, contract or contracts are or become terminable by notice, the commission shall have power in its discretion to direct by order that such contract or contracts shall be terminated by the telegraph or telephone corporation party thereto, and thereupon such contract or contracts shall be termi- nated by such telegraph or telephone corporation as and when directed by such order. SECTION 21. Whenever the commission receives notice of any change Public hear- or changes proposed to be made in any schedule filed under the provisions p n o^dchanges of this act, it shall have power, either upon complaint or upon its own m rates> etc - motion, and after notice, to hold a public hearing and make investigation as to the propriety of such proposed change or changes. Pending any such investigation and the decision thereon, the commission shall have 118 PART II. OF RAILROAD CORPORATIONS. power, by any order served upon the common carrier affected, to suspend the taking effect of such change or changes, but not for a longer period than six months beyond the time when such change or changes would Decision on otherwise take effect. After such hearing and investigation, the commis- tes.etc. ma j ce suc ^ orc i er m reference to any new rate, joint rate, fare, telephone rental, toll, classification, charge, rule, regulation or form of contract or agreement proposed, as would be proper in a proceeding initiated after the same has taken effect. At any such hearing involving any proposed increase in any rate, joint rate, fare, telephone rental, toll or charge, the burden of proof to show that such increase is necessary in order to obtain a reasonable compensation for the service rendered shall be upon the common carrier. If at a hearing involving any proposed decrease in any rate, joint rate, fare, telephone rental, toll or charge demanded by any common carrier, it shall appear to the commission that the said rate, joint rate, fare, telephone rental, toll or charge is insufficient to yield reasonable compensation for the service rendered, the commission shall have power to determine what will be the just and reasonable rate or rates, fare or fares, telephone rental or rentals, toll or tolls, charge or charges, to be thereafter observed in such case as the minimum to be charged, and to make an order that the common carrier complained of shall not thereafter demand, charge or collect any rate, fare, telephone rental, toll, or charge lower than the minimum so prescribed without first obtaining the consent of the commission, not to be given without a public hearing. Hearings upon SECTION 22. Whenever the commission shall be of opinion, after a rates, fares, hearing had upon its own motion or upon complaint, that the rates, fares or charges or any of them demanded, exacted, charged or collected by any common carrier now or hereafter subject to its jurisdiction, for any services to be performed within the commonwealth, or the regulations or practices of such common carrier affecting such rates, are unjust, unreasonable, unjustly discriminatory or unduly preferential or in any wise in violation of any provision of law, or that the rates, fares or charges or any of them chargeable by any such common carrier are insufficient to yield reasonable compensation for the service rendered and are unjust and unreasonable, the commission shall determine the just and reasonable rates, fares and charges to be charged for the service to be performed, Orders of com- and shall fix the same by order to be served upon every common carrier obeyed, ec. e by whom such rates, fares and charges or any of them are thereafter to be observed. It shall be the duty of every such common carrier to observe and obey every requirement of every such order so served upon it, and to do everything necessary or proper in order to secure absolute compli- ance with and observance of every such order by all its officers, agents and employees. The commission may, after investigation, authorize a common carrier in special cases to charge less for longer than for shorter distances for the transportation of passengers or property, whenever in the opinion of the commission such authorization is consistent with the public interests, and the commission may from time to time modify or revoke such authorization. Extra fares SECTION 182. A railroad corporation shall not demand or regulated. . 1883,32. receive for anv single ticket bought or fare paid on a train or 1 000 1 54 R. L'. 111', elsewhere than at its ticket offices more than ten cents in excess of the tariff rates charged at its ticket offices. When such ex- cess is received, the conductor or other person receiving it shall give to the passenger a printed certificate which shall entitle PART II. OF RAILROAD CORPORATIONS. 119 him to receive the excess so paid at any station of the corpora- tion in exchange for such certificate. A railroad corporation which violates any provision of this section shall be punished by a fine of not less than ten nor more than fifty dollars. [SECTION 183. Every railroad corporation which has a ter- ^ utation minus in Boston, except the Boston, Revere Beach and Lynn isoo, 395. Railroad Company, shall sell a commutation ticket good for not 227. more than twenty-five trips between Boston and a station in the f 90^049, 3. suburban district, so-called, which is named therein, at the lowest rate for each trip which was charged between said points on the first day of July in the year nineteen hundred, except the rates charged for season tickets and for tickets on working- men's trains.] Acts of 1908, Chapter 649. An Act relative to the Issuing of Mileage and Commutation Tickets by Railroad Corporations. SECTION 1. Every railroad corporation issuing mileage tickets shall. Mileage i- e u j * u j-u e tickets.de- upon presentation of such a ticket by a passenger, detach therefrom tachmentof one coupon and no more for each mile and fraction thereof actually cou P ns - travelled: provided, however, that for distances less than three miles Proviso, three coupons may so be detached. Distances to or from the station known as Back Bay on the New York, New Haven and Hartford rail- road, and the stations known as Trinity Place and Huntington Avenue on the Boston and Albany railroad, shall be computed as if to or from the Boston terminal station. SECTION 2. Every railroad corporation which has a terminus in Commutation Boston, except the Boston, Revere Beach and Lynn Railroad Company, *" shall sell a commutation ticket good for not more than twelve rides be- tween Boston and each station on its lines within fifteen miles of its terminal station in Boston, at a price not exceeding the average rate for each trip which was charged between said points for the twenty-five- ride commutation tickets in use on the first day of January in the year nineteen hundred and eight, excepting that the minimum fare shall be five cents. The said tickets, before issuance, shall be subject to ap- proval by the board of railroad commissioners both as to the rate of fare and the conditions named therein. So far as is practicable, the rates of fare on all roads for like distances from their terminal stations shall be equal. In any city or town where the said twelve-ride ticket shall exceed in price the price now charged per trip for the twenty-five- ride ticket, then thereafter in the said city or town the said railroad companies shall continue to have for sale a twenty-five-ride ticket at the existing price. SECTION 3. Section one hundred and eighty-three of Part II, of p^ 06 '^ 63 .' 183 chapter four hundred and sixty-three of the acts of the year nineteen repealed. hundred and six is hereby repealed. [Approved June 13, 1908. Acts of 1911, Chapter 508. An Act relative to Season Tickets issued by Railroad Corporations. SECTION 1. All railroads operating in the commonwealth of Massachu- Season tickets setts and issuing season tickets between points within the commonwealth J^Jf cor pora-~ shall, at the request and on the presentation of a season ticket by the ^^j^ be holder thereof, place the same on deposit for not less than one week and reissue the ticket at the request of the owner, extending the period for 120 PART II. OF RAILROAD CORPORATIONS. which the ticket was issued by a number of days equal to the number Proviso. during which it remained on deposit: provided, however, that no ticket shall be deposited more frequently than at the rate of once in three months; and a holder shall have such further privileges as the railroad commissioners shall approve. SECTION 2. All railroads operating in the commonwealth of Massa- chusetts and issuing season tickets between points within the common- wealth shall, at the request of a holder of a season ticket, reimburse said holder for the cost of the fare or fares paid by said holder between the stations named on the ticket whenever said holder fails to present the season ticket for fare. The holder of a season ticket in order to be entitled to reimbursement must, within one week, present to the proper officer of the railroad company the certificate given at the time of paying the fare together with the coupon from the season ticket. Time of SECTION 3. This act shall take effect upon its passage but shall not taking effect. apply to any tickets heretofore issued. (The foregoing was laid before the Governor on the twenty-fourth day of May, 1911, and after five days it had "the force of a law", as prescribed by the Constitution, as it was not returned by him with his objections thereto within that time.) Acts of 1913, Chapter 179. An Act relative to Bonds given by Certain Banks, Associations and Persons. amifncfed 8 ' * *' Section one of chapter four hundred and eight of the acts of the year nineteen hundred and six, as amended by section one of chapter three hundred and seventy-seven of the acts of the year nineteen hundred and seven, is hereby further amended by inserting after the word ''country", in the nineteenth line, the words: and in the event of the insolvency or bankruptcy of the principal upon the payment of the full amount of such bond to the assignee, receiver or trustee of the principal, as the case may require, for the benefit of such persons as shall deliver money to said principal for safe keeping or for the purpose of transmitting the same to a foreign country, so as to read as follows : Section 1 . All persons, partnerships, associations or corporations now or hereafter engaged in the selling of steamship or railroad tickets for transportation to or from foreign countries, or in the supplying of laborers, that, in conjunction with said business, carry on the business of receiving deposits of money for safe keeping, or for the purpose of transmitting the same, or equivalents thereof, to foreign countries, or for any other purpose, shall, before entering into or continuing in the said business, except as hereinafter provided, make, execute and deliver a bond to the treasurer and receiver general in such sum as the bank commissioner may deem necessary to cover money or deposits received for the aforesaid purposes by such persons, partnerships, associations or corporations, the bond to be conditioned upon the faithful holding and repayment of the money deposited as afore- said, and upon the faithful holding and transmission of any money, or equivalent thereof, which shall be delivered to them for transmission to a foreign country, and in the event of the insolvency or bankruptcy of the principal upon the payment of the full amount of such bond to the assignee, receiver or trustee of the principal, as the case may require, for the benefit of such persons as shall deliver money to said principal for safe keeping or for the purpose of transmitting the same to a foreign country. If any person, partnership or member of a partnership, or any association or corporation engaged or financially interested in the selling of tickets or supplying of laborers as aforesaid is also engaged or financially interested in the business of receiving deposits of money as aforesaid, or if any person, PART II. OF RAILROAD CORPORATIONS. 121 partnership or member of a partnership, or any association or corporation engaged or financially interested in the business of receiving deposits of money as aforesaid is also engaged or financially interested in the selling of tickets or supplying of laborers as aforesaid, such person, partnership, member of a partnership, association or corporation, shall be held to be subject to the provisions of this section, under whatever name or by what- ever persons the said business of selling tickets or supplying laborers or the said business of receiving deposits is carried on. [Approved February 26, 1913* Revised Laws, Chapter 209, 2. SECTION 2. Whoever forges or procures to be forged, or assists in Forgery of forging, the seal of the court of land registration, or, without lawful i898, P 562. sea1 ' authority, stamps or procures to be stamped, or assists in stamping, lAV^o-, any document with such forged seal or with the genuine seal of said court, iss Mass. 91. shall be punished as provided in the preceding section. Whoever forges or procures to be forged, or assists in forging, the stamp of any railroad company or of any railroad ticket agent, or stamps or procures to be stamped, or assists in stamping, any railroad ticket or railroad mileage book with such forged stamp, or with a genuine stamp of any railroad company or railroad ticket agent without being duly authorized thereto shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years, or by a fine of not more than five hundred dollars. Transportation of Passengers. SECTION 184. A railroad corporation may make contracts Conveyance of ,, J J j. * passengers at for the conveyance or passengers upon designated trams tor a reduced rates. specific distance at fixed times, at such reduced rates of fare iivliari; as the parties may agree upon. Tickets may be issued for such p. 1 ! 5 112, passengers, upon which shall be plainly printed the terms upon f^'in. which they may be used. Such tickets shall not be transferable IJff^ 608 without the consent of the corporation, nor shall they entitle the holder to ride upon a train which is not therein designated. SECTION 185. A railroad corporation which owns or oper- Bicycles aa ates a railroad of standard gauge in this commonwealth shall isoo, sis. check and transport between stations within the limits of this 229. commonwealth, as baggage, and subject to the same charges, terms and liabilities as other baggage, one bicycle for each pas- senger who pays by a mileage book, by a ticket other than a season ticket, or in cash, the established fare, if it is not -less than ten cents, exclusive of rebate. The weight of the bicycle shall be included in determining the total weight of the baggage to be transported for such passenger. Such corporation shall not require such bicycle to be crated, covered or otherwise pro- tected. SECTION 186. Every railroad corporation shall, upon re- Baggage quest, give checks to passengers for their baggage when de- 1854,23. livered for transportation, and shall re-deliver the baggage to ?874, 6 372 , m ' the passengers upon the surrender of such checks. A corpora- p 1 l 6 ii 2i 182 tion which violates the provisions of this section shall forfeit R-L-n i' 230. _, 15 Gray, 447. ten dollars tor each onence. 7 Alien, 329. * For further provisions with reference to this subject, see 1907, 377, 2-7. 122 PART II. OF RAILROAD CORPORATIONS. Injury, etc., to baggage by hackman, etc. 1869, 307. P. S. 203, 112. Revised Laws, Chapter 208, 126. SECTION 126. A baggage master, express agent, stage driver, hack- man or other person, whose duty it is to handle, remove or take care of the baggage of passengers, who wilfully or recklessly destroys or injures a trunk, valise, box, package or parcel, while loading, transporting, unloading, delivering or storing the same, shall be punished by a fine of not more than fifty dollars. Storage of baggage, charges. Amended, 1908, 604. 1907, 287, 1, amended. Charge for storage of baggage. Publication of unclaimed effects of passengers. 1851, 147, 1. G. S. 80, 1. P. S. 96, 1. 6 Allen, 253. Sale of unclaimed articles. 1851, 147, 2. G. S. 80, 2. P. S. 96, 2. Proceeds to be paid to com- monwealth. 1851, 147, 3. G. S. 80, 3. P. S. 96, 3. Acts of 1907, Chapter 287. An Act relative to Charges for Storage of Baggage by Railroad Corporations. SECTION 1. No charge shall be made by railroad corporations for the care or storage of baggage left at or arriving in railroad stations upon Friday, for the period of time between Friday and twelve o'clock noon of the following Monday. SECTION 2. This act shall take effect upon its passage. [Approved April 11, 1907. Acts of 1908, Chapter 504. An Act relative to the Charges for Storage of Baggage by Railroad Cor- porations. SECTION 1. Section one of chapter two hundred and eighty-seven of the acts of the year nineteen hundred and seven is hereby amended by striking out the words "the forenoon", in the fourth line, and inserting in place thereof the words : twelve o 'clock noon, so as to read as follows : Section 1 . No charge shall be made by railroad corpora- tions for the care or storage of baggage left at or arriving in railroad stations upon Friday, for the period of time between Friday and twelve o'clock noon of the following Monday. SECTION 2. This act shall take effect upon its passage. [Approved May 7, 1908. Revised Laws, Chapter 95, 1-4. SECTION 1. Railroad corporations and the proprietors of steamboats engaged in the transportation of passengers shall semi-annually, on the first Monday of January and July, publish, in one newspaper at least in every county of this commonwealth in which such corporations or proprietors have a passenger station or office, a descriptive list of all trunks, bags, valises, parcels and passengers' effects which have been left and then remain unclaimed at any passenger station or office, or in the possession of such corporations or proprietors or their agents, and the list shall indicate all such specific marks as may serve to identify the same. SECTION 2. If at the expiration of six months after such advertise- ment any of the articles so advertised remain unclaimed, said corpora- tions or proprietors having possession thereof shall give notice to the mayor and aldermen of the city or selectmen of the town in which the articles may be, who shall cause them to be examined, and may order them to be sold by public auction upon publication of notice of the time and place of sale as aforesaid, or may order them to be again advertised and to remain another six months before being sold. SECTION 3. The proceeds of all articles thus sold, after deducting costs of storage, advertising and other expenses due to such corporations or proprietors, and the costs of said examination and sale, shall be paid over to the treasurer and receiver general for the use of the commonwealth. PART II. OF RAILROAD CORPORATIONS. 123 SECTION 4. If such corporations or proprietors neglect or omit so to Penalty for advertise and cause any such effects to be examined, they shall be liable veftfse, ec a " for all damages caused thereby, and shall also forfeit one hundred dollars G* 5 s'8o 7 ' 4 4 ' for each case of neglect or omission. P. s.' 96,' 4.' SECTION 187. Every railroad corporation which has a ter- cheap mom- minus in Boston shall, upon the application of two hundred or nmg trains. more persons therefor, furnish on each week day a morning p. s.' 112,' train in and an evening train out for distances not exceeding f^if'in, fifteen miles, or suitable cars attached to other trains, and 23L reaching and leaving Boston at about six o'clock in the fore- noon and afternoon, or at such hours as may be fixed by the board of railroad commissioners; and for such trains, shall fur- nish season tickets good once a day each way for six days in the week, at a rate not exceeding, for yearly tickets, three dol- lars a mile and for quarterly tickets, one dollar a mile. SECTION 188. Every railroad corporation which has a ter- working- minus in Boston shall furnish such number of workingmen's igoofzos! 113 trains, not less than two each way, as the board of railroad fjjsS. 111 ' commissioners, upon a petition for such trains filed with it, shall in each case order. Such trains shall arrive at Boston be- tween six and half past seven o'clock in the morning and leave Boston between the same hours in the evening and special cars may be provided therefor. Season tickets, good once a day each way for six days in the week, shall be furnished for such trains at a rate not exceeding, for yearly tickets, three dollars a mile, and for quarterly tickets, one dollar a mile. Trip tickets now issued shall be good on the two trains authorized by this section, and shall not be withdrawn nor the rate therefor be increased without the consent of the board of railroad commissioners. SECTION 189. Every railroad corporation shall sell to an Season tickets express messenger or to a person who conducts a local express mes^ngtrl business, as provided in section one hundred and ninety-seven, 9 2,'5. 69 ' in its trains or cars within this commonwealth, a season ticket j^ss. 111 ' for his personal transportation, at a price not exceeding that at | e | R - L - 70 - which similar tickets are sold to passengers, upon receiving from 201 Mass. 579. him a release of all right, to whomsoever accruing, to damages or compensation for death or for any personal injury received by him while riding on such ticket. The supreme judicial court or the superior court shall have jurisdiction to enforce the provisions of this section by injunction, mandamus or other suitable process. SECTION 190. Any person who, being governor, lieutenant Free passes to ' IIP stat ? officers governor, member ot the council, member or member-elect ol forbidden. the general court, justice of the supreme judicial court, justice 1-3. of the superior court, judge of probate, justice of a police, dis- 1234. trict or municipal court or a county commissioner, who requests, for himself or another, accepts or uses any free pass upon a railroad, or any ticket which entitles him to transportation upon a railroad, for which he has paid a less price than is de- manded of the public generally, and an officer, agent or em- 124 PART II. OF RAILROAD CORPORATIONS. ployee of a railroad corporation who issues, delivers or offers to any person hereinbefore mentioned or to or for any other person at the request, solicitation or procurement of any such person a free pass or any ticket which entitles him to transportation at a less rate of fare than is demanded of the public generally, shall be punished by a fine of not less than one hundred nor more than one thousand dollars. Free service, etc., prohibited. Exceptions. See Interstate Commerce law as amended June 18, 1910, Issue of passes to injured employees of railroad cor- porations, etc. Women, etc., in smoking cars. 1888, 176. R. L. Ill, 235. Acts of 1913, Chapter 784, 18. SECTION 18. No common carrier shall, directly or indirectly, issue or give any free service, free tickets, free pass or free transportation for passengers or property between points within this commonwealth; but nothing in this act shall be held to prohibit any railroad corporation from furnishing free passes or free transportation to officers or employees of the general court; nor to prohibit any railroad corporation or street railway company from giving free or reduced rate service to policemen, letter carriers and firemen while in uniform or engaged in the discharge of their duties; nor to prohibit any common carrier from giving free or reduced rate service to its employees, or in cases of public emergency, or for such charitable purposes as may be approved by the commission ; nor to prohibit any telephone or telegraph company, unless the com- mission shall otherwise order, from giving service at reduced rates to the commonwealth or to any city or town; nor shall this act be held to prohibit the commissioners, their experts, inspectors and counsel from being transported over the railroads and the railways of this commonwealth free of charge while engaged in the performance of their duties; nor shall this act be held to prohibit the giving by any such common carrier of free or reduced rate service to the classes defined and provided for in the act of congress entitled "An act to regulate commerce" and acts amendatory thereof. Acts of 1912, Chapter 488. An Act to authorize Railroad Corporations to issue Passes to Former Employees who have been injured. SECTION 1. Railroad corporations are hereby authorized to issue passes for free transportation to former employees who have been injured in the service of the corporation issuing the pass. The pass shall state the nature of the injury, shall not be transferable, and shall be forfeited if used, or attempted to be used, in violation of the conditions of the pass, or if it was obtained by misrepresentation. SECTION 2. This act shall take effect upon its passage. [Approved April 13, 1912. SECTION 191. A railroad corporation which does business in this commonwealth shall not require women or children to ride in smoking cars. For a violation of the provisions of this sec- tion the corporation, or any officer or employee thereof, shall be punished by a fine of not less than ten nor more than fifty dollars for each offence. Color or race discrimina- tion. 1865, 277. 1866, 252. Revised Laws, Chapter 212, 89. SECTION 89. Whoever makes any distinction, discrimination or re- striction on account of color or race or, except for good cause, applicable alike to all persons of every color and race, relative to the admission of PART II. OF RAILROAD CORPORATIONS. 125 any person to, or his treatment in, a theatre, skating rink or other public P. s. 207, 69. place of amusement, licensed or unlicensed, or in a public conveyance Jig^lse! or public meeting, or in an inn, barber shop or other public place kept {f 9 ^^ 1 ^ for hire, gain or reward, licensed or unlicensed, or whoever aids or incites See 1908, 335. such distinction, discrimination or restriction, shall, for each offence, be punished by a fine of not more than three hundred dollars or by imprison- ment for not more than one year, or by both such fine and imprisonment, and shall forfeit to any person aggrieved thereby not less than twenty- five nor more than three hundred dollars; but such person so aggrieved shall not recover against more than one person by reason of any one act of distinction, discrimination or restriction. t Transportation of Mails. SECTION 192. Every railroad corporation shall, upon request Transpona- , _, , rf ! p ,, . , r , , n , tion of United of the postmaster general or or an authorized agent ot the post states mails, office department, carry the mails at such times and upon such Tse^^i; i. trains as may be desired by him upon the terms provided in the fili. 112 ' two following sections. ^2^ m> SECTION 193. A corporation which is unable to agree with Compensation the postmaster general or other proper officer of the United maiisVhow g States as to the compensation to be paid for such transportation ileT^sT,^ 2. may notify the postmaster general of its unwillingness to carry 112 ' the mails upon the terms proposed; and after the expiration of three months from the depositing of such notice in a post office in this commonwealth, addressed to the postmaster gen- eral, such corporation shall be absolved from the duty imposed in the preceding section, unless he or some officer or agent of the post office department within that time has filed a petition in the supreme judicial court in any county, praying for the ap- pointment of three commissioners to fix the price to be paid to the corporation for such service; and the court, after notice to the corporation, shall appoint three commissioners to hear the parties and determine such compensation, the award of a major part of whom, being made to and confirmed by said court, shall be final as to all past service and for the period of two years after such confirmation. SECTION 194. Upon application to said court by either party Revision of to such proceedings at any time after the expiration of two iseT.'ssi, 3. years from the confirmation of such award, the matter may be reopened, and the same or other commissioners shall rehear the parties, and the award of said commissioners or of a major part of them, when made to and confirmed by said court, shall be binding on the parties for two years after such confirmation, when like proceedings may again be had on petition of either party. Transportation of Merchandise. SECTION 195. A railroad corporation shall, upon request, Receipts to without additional charge, give a receipt describing articles, meKndise. packages or commodities not extra hazardous delivered to it for if 7! ; 37!; transportation. A corporation which refuses to give such receipt l/ffnz, 187. shall forfeit fifty dollars to the person who is entitled thereto. R-L-m.239. 126 PART II. OF RAILROAD CORPORATIONS. Equal facili- ties for trans- portation. 1867, 339. 1874, 372, 138. P. S. 112, 188. R. L. Ill, 240. 115 Mass. 416. 128 Mass. 326. 147 Mass. 35. 266. 165 Mass. 398. to local expressmen. 1894, 469, 1,5,6. R. L. Ill, 241. 165 Mass. 398. See R. L. 70, 8. 201 Mass. 579. Charges for transportation of freight, etc. SECTION 196. Every railroad corporation shall, subject to the provisions of section two hundred and one, give to all per- sons reasonable and equal terms, facilities and accommodations for the transportation upon its railroad of themselves, their agents and servants, and of their merchandise and other prop- erty and for the use of its depot and other buildings and grounds; and, at any point where its railroad connects with another railroad, it shall give reasonable and equal terms and facilities of interchange. SECTION 197. The provisions of the preceding section shall apply to all persons engaged only in a. local express business for the forwarding of express matter between points within the commonwealth in the trains or cars of any railroad corpora- tion, and to persons desiring to engage therein who obtain the recommendation of the board of railroad commissioners there- for, and who agree in writing to indemnify the corporation against all loss and damage to any property which is carried by them on its trains. Such recommendation shall be given only after notice to all parties interested and a hearing thereon, and with regard, among other considerations, to the public in- terest. Such corporation may contract with one or more per- sons for the express service over its railroad or system, subject to the rights of such persons as may then be engaged in, or shall have obtained the recommendation aforesaid to conduct, such local express business thereon between points within this com- monwealth under the provisions of this section; and the terms, facilities and accommodations provided for such last named persons shall not be unreasonable or unequal, having regard to the amount and character of the service and also to such reason- able regulation of said business as may be for the public inter- est and the efficient operation of the railroad. The provisions of this section shall not deprive any railroad corporation of any right which it has under its charter or under general laws, to perform all the transportation of property upon its railroad. The supreme judicial court or the superior court shall have jurisdiction to enforce the provisions of this section by injunc- tion, mandamus or other suitable process. Acts of 1912, Chapter 725, Part II, 7. SECTION 7. A railroad corporation shall not, at any time, charge, demand or receive, or be entitled to charge, demand or receive, a greater sum for transportation by it of freight from any point of origin, for the same distances and under like conditions, on any lines operated by it or in connection with it, to the port of Boston for export to foreign countries, than is at the time received by it for transportation of the like class and quantity of freight to any other port reached by its lines for export to foreign countries; or charge, demand or receive, or be entitled to charge, demand or receive, a greater sum for transportation for the same distance and under like conditions from the port of Boston of freight from foreign countries through said port of Boston to any point on any lines operated by it or in connection with it than is at the time received by it for trans- portation of the like class and quantity of freight through any other port PART II. OF RAILROAD CORPORATIONS. 127 on its lines to the same point : provided, however, that if the aforesaid pro- visions of this section shall conflict with any regulations made by act of congress this section shall be null and void so far as it conflicts therewith; and provided, further, that nothing herein contained shall justify the charg- ing of the same rate for freight for export or import through any other port reached by its lines where the mileage from the point of receipt or delivery is less to the port of Boston than to the port in question, in which case the rate through Boston shall be proportionately less. SECTION 198. Every railroad corporation shall promptly for- Merchandise ward merchandise consigned to or directed to be sent over an- warded*' other railroad connecting with its railroad, according to the ?859! P 209, i. directions contained thereon or accompanying the same, and ^74' 372 5 114 ' shall not receive and forward over its railroad merchandise con- ^' 112 189 signed to or directed to be sent by a different route. R.L. 111', 242! SECTION 199. A railroad corporation shall not charge or re- Charges for ceive for the transportation of freight to any station on its rail- o?f"e?ght atl road a greater amount than is at the time charged or received \H\\ |y|; for the transportation of the like class and quantity of freight f^g ^ from the same original point of departure to a station at a f^j^m greater distance on its railroad in the same direction. Two or 243. more railroad corporations whose railroads connect shall not charge or receive for the transportation of freight to any sta- tion on the railroad of either of them a greater amount than is at the time charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station at a greater distance on the railroad of either of them in the same direction. In the construction of this section, the amount charged or received for the transporta- tion of freight shall include all terminal charges; and the rail- road of a corporation shall include all the railroad in use by it, whether owned or operated under a contract or lease. SECTION 200. A railroad corporation which violates any pro- penalties on vision of the four preceding sections, in addition to liability for i859? r 2o< n ' 2. all damages sustained by reason of such violation, shall for each ^yl^o 5 114 ' offence forfeit two hundred dollars, which shall be recovered in i 874 ' 372 ' 9 141. an action of tort to his own use by the party aggrieved, or to isso, 258. the use of the commonwealth by the attorney-general or the dis- '191. trict attorney of the district in which such violation was com- 244. mitted; but no such action shall be maintained unless brought *' within one year after the date of such violation. SECTION 201. A railroad corporation shall not in its charges piscrimina- for the transportation of freight or in the conduct of its freight rates'fo/- 618 business, make or give any undue or unreasonable preference i 8 g2? 94, 225. or advantage to or in favor of any person, firm or corporation, nor subject any person, firm or corporation to any undue or unreasonable prejudice or disadvantage. Acts of 1913, Chapter 784, 10. SECTION 10. The commission may inquire into the rates, charges, Rates, etc., of comnn carriers. regulations, practices, equipment and services of common carriers in this commonwealth, and elsewhere, rendering any service of a kind sub- 128 PART II. OF RAILROAD CORPORATIONS. Commission may petition interstate commerce commission. May confer etc., with boards of other states. Public ware- housemen, how licensed. 1860, 206, 1,11. 1879, 104. 1880, 63. P. S. 72, 1,2, 13. 1885, 167. Action on bond of. 1860, 206, 2. 1873, 210. 8 1. P. S. 72, 3. Warehouse- man to insure property, when, 1860, 206. 3. 1879, 104. P. S. 72, 4. Form of re- ceipt. 1860, 206, 3. 1878, 93, 2, 5. P. S. 72, 5. 1886, 258. Transfer of title of goods stored. 1860, 206. 4. 1873, 210, 2. 1878, 93, 1. P. S. 72, 6. 1886, 258. 135 Mass. 1. Special provi- sion for grain, etc. 1878, 93, 3. P. S. 72, 7. ject to its jurisdiction. It may be represented at any public hearings before any legislative committee or public board in this commonwealth, or of any other state or of the United States, with respect to any proposed legislation or action by public authorities within or without the common- wealth affecting any public service within the commonwealth subject to its supervision, whenever in its opinion such representation is desirable in the interests of this commonwealth. It may apply by petition to the interstate commerce commission for relief, and may present evidence and arguments to the said commission, in any case in which it is of opinion that a common carrier subject to its supervision is violating any pro- vision of the interstate commerce law or any valid order or regulation made under authority thereof. The commission may also confer with or appear before boards of other states having powers over any of the common carriers rendering public services of the kind hereinbefore de- scribed, when in its judgment the interests of the commonwealth will be promoted thereby. Revised Laws, Chapter 69, 1-16. PUBLIC WAREHOUSEMEN. SECTION 1. The governor, with the advice and consent of the council, may license in any city or town suitable persons, or corporations estab- lished under the laws of the commonwealth and having their places of business within the commonwealth, to be public warehousemen. ... A railroad corporation which is licensed as a public warehouseman shall not be required as such to receive any property except such as has been or is forthwith to be transported over its road or to give sureties on its bond. See 1907, 582, An act to make uniform the law of warehouse receipts. SECTION 2. Whoever is injured by the failure of a public licensed warehouseman to perform his duty or by his violation of any of the pro- visions of this chapter may bring an action for his own benefit, in the name of the commonwealth, on the bond of such warehouseman. . . . SECTION 3. Such warehouseman shall, upon request in writing by a party placing property with him on storage, cause such property to be insured for whom it may concern. A railroad corporation which is such warehouseman may itself be the insurer. SECTION 4. Every such warehouseman shall give to each person who deposits property with him for storage a receipt therefor, which shall be negotiable in form, shall describe the property, shall state distinctly the brands or distinguishing marks thereon, the rate of charges for storing it and the amount and rate of insurance thereon, and, if it is grain, the quantity and inspected grade thereof; or, upon request, he shall give a similar receipt, non-negotiable in form, which shall have the words "not negotiable" plainly written, printed or stamped upon the face thereof. SECTION 5. The title to property which is stored in a public warehouse under a warehouseman's negotiable receipt therefor shall pass to a pur- chaser or pledgee by the indorsement and delivery to him of such receipt signed by the person to whom the receipt was originally given or by an indorsee thereof; and if so stored under a warehouseman's non-negotiable receipt, shall pass by assignment of such receipt when recorded on the books of the warehouseman issuing it. SECTION 6. If grain or other property which is stored in a public warehouse is so mixed or intermingled that the identity of different lots or parcels cannot be accurately preserved, the warehouseman's receipt shall give a valid title to so much of such grain or property as is designated therein, without actual separation or identification. PART II. OF RAILROAD CORPORATIONS. 129 SECTION 7. Such warehouseman shall keep books in which shall ^an^keep be entered an account of all his transactions relative to the storing books, and insuring of goods, wares and merchandise, to the issuing of receipts 1878* 93, 5. ' therefor and to the disposition of proceeds of sales thereof under the p 87 | 'j 4 -. 8 provisions of this chapter. Such books shall be open to the inspection 1887, 277, 3. of any person actually interested in the property to which the entries 5> 48 ' relate. SECTION 8. The secretary of the commonwealth shall, at the expense Notice of of each warehouseman, give notice of his license and qualification, of to ^ pub- '' the amount of the bond given by him and also of the discontinuance of I'^S* 1 - his license by publishing the same for not less than ten days in one or p. s.' 72, 9. more newspapers, if any, published in the county or town in which the warehouse is located; otherwise, in one or more newspapers published in the city of Boston. SECTION 9. If a public warehouseman has in his possession, in storage, Disposition of upon a non-negotiable receipt, property of a perishable nature, or which, ^"perty 1 . 6 by keeping, will deteriorate greatly in value, or, by its odor, leakage, $f 9 3'| 48 ' inflammability or explosive nature, will be liable to injure other property, or of a value which will probably be insufficient to pay the storage charges thereof, he may, after notice to the person in whose name the property is stored to remove said property and to pay the storage and other proper charges thereon, and the refusal or neglect of such person so to do, sell the same at public or private sale without advertising. If, on reasonable inquiry, such person cannot be found, the sale may be made without notice. The proceeds of the sale, after deducting the expenses thereof and the storage and other proper charges, shall be paid or credited to the person in whose name the property was stored, or if he cannot be found, to the treasurer and receiver general, who shall pay it over to the owner thereof upon proof of his title thereto within one year after its receipt by the treasurer. If such warehouseman has made a reasonable effort to sell perishable or worthless property and has been unable so to do, he may dispose of it in any lawful manner, and shall not be liable for such disposition. SECTION 10. If, from the sale or other disposition authorized by the Liability of preceding section, no proceeds are realized or the proceeds are insufficient c harges r ' to pay the expenses of sale and the storage and other proper charges, 1895 - 3 ^8. 5. the person in whose name said property was stored shall be liable to such warehouseman for all proper charges against such property or for such amount as equals the difference between the charges due thereon and the proceeds of such sale or disposition. SECTION 11. A public warehouseman who has in storage any property Sales to pay for which a storage charge is at least one year overdue, may sell the same charges! by public auction after notice in writing to the. person in whose name it 1887> 277 - l - is stored that such property will be sold at a time and place specified in the notice unless the amount due for storage, the advances made thereon and the expenses of advertising and sale are paid before the sale is made. From the proceeds, he may retain said storage charges, advances made and expenses of advertising and sale. SECTION 12. The notice required by the preceding section shall be Service of served by an officer authorized to serve civil process or by some other "ggT^^V^. person by delivering it to the person in whose name such property is 1895 > 348 > 6 - stored at the time of such service or by leaving it at his usual place of abode, if within the commonwealth, at least sixty days before the time of such sale; in the event that the party storing such goods shall have parted with the same, and the purchaser shall have notified the ware- houseman, with his address, such notice shall be given to such person in 130 PART II. OF RAILROAD CORPORATIONS. Disposition of proceeds of sales. 1887, 277, 3. Penalty for selling, etc., property deposited. 1860, 206, 8. P. S. 72, 10. 1895, 348, 2. for forging, etc., ware- house receipt, etc. 1860, 206, 9, 10. P. S. 72, 11, 12. Penalty for disposing of receipt after attachment, etc. 1860, 206, 12. P. S. 72, 14. lieu of the person storing the goods. A return of service of such notice shall be made under oath. If the person in whose name such property is stored cannot, with reasonable diligence, be found within the common- wealth, such notice shall be published once in each of three successive weeks in a newspaper published in the city or town in which the ware- house is located, if any; otherwise, in one of the principal newspapers published in the county in which such city or town is located, the last publication to be at least thirty days before the time of sale. SECTION 13. Such warehouseman shall, on demand, pay over the surplus of the proceeds of a sale authorized by section eleven to the per- son entitled thereto, but if it is not claimed within six months after such sale, he shall pay such surplus to the treasurer and receiver general and shall, at the same time, file with him an affidavit stating the name and residence of the person whose property has been sold, the articles sold and the prices obtained therefor, the name and residence of the auction- eer and a copy of the notice served or published with the return thereof. The copy of notice and return so filed shall be admitted as evidence of the giving of the notice. The treasurer and receiver general shall pay it over to the owner thereof upon proof of his title thereto within five years after its receipt by the treasurer. SECTION 14. Whoever, with intent to injure or defraud, unlawfully sells, pledges, lends or in any other way disposes of, or permits or is a party to the unlawful selling, pledging, lending or other disposition of, any property stored in a public warehouse, without the authority of the person in whose name the same is stored, shall be punished by a fine of not more than five thousand dollars and by imprisonment in the state prison for not more than three years. . SECTION 15. Whoever falsely makes, utters, forges or counterfeits, or whoever permits or is a party to the false making, uttering, forging or counterfeiting of, a warehouse receipt, certificate or other instrument, or of the signature of a warehouseman or of an indorser or other person to an instrument used to pass or to give title to property stored in a public warehouse, shall be punished by a fine of not more than five thousand dollars and by imprisonment in the state prison for not more than three years. SECTION 16. Whoever, knowing that his interest in the property described in a warehouseman's receipt has been attached, indorses, assigns or otherwise disposes of such receipt without disclosing such attachment to the person to whom such receipt is indorsed, assigned or disposed of, shall be punished by a fine of not more than five thousand dollars and by imprisonment in the state prison for not more than three years, or by imprisonment in jail for not more than one year. Perishable fy bTsok? 1857, 237. p.' s.' 96,' 5. PERISHABLE ARTICLES TO BE SOLD. Revised Laws, Chapter 95, 5, 6. SECTION 5. When a common carrier has transported fresh meats, - fresh fish, shell fish, fruit or vegetables, to their destination, has noti- ne( * tne owner or consignee of their arrival, and the owner or consignee after such notice refuses or omits to receive and take them away and to pay the freight and proper charges thereon, said carrier may, in the exercise of a reasonable discretion, sell the same at public or private sale without advertising, and the proceeds, after deducting the amount of said freight and charges and expenses of sale, shall be paid to the owner or consignee. If the owner or consignee on reasonable inquiry cannot be found, the sale may be made without such notice. PART II. OF RAILROAD CORPORATIONS. 131 SECTION 6. If goods carried by a railroad company or in a steam or Sale of un- v n i i i ,1 -ii claimed goods. sailing vessel are not called for by the owner or consignee within one year isee. 152. after the date of their receipt at the city or town to which they are con- |j |j ^ 6> signed, they may be sold by public auction for the charges of transporta- tion due thereon, notice of the time and place of sale first being given by publishing the same three days in each of three successive weeks in a newspaper, if any, published in such city or town, otherwise in the news- paper published nearest thereto. The proceeds of goods so sold, after deducting costs of transportation, storage, advertising and sale, shall be placed to the credit of the owner in the books of the company or owner of the vessel making the sale, and shall be paid to the owner of the goods on demand. Revised Laws, Chapter 212, 73, 74. SECTION 73. Railroad corporations shall not permit animals which Re . st for animals they are carrying or transporting to be confined in cars longer than transported, twenty-eight consecutive hours without unloading them for at least five J|gg; %\%\ f 1; consecutive hours for rest, water and feeding, unless prevented by storm j| 874 372 > or accident. In estimating such confinement, the time during which the p. s/207, 55. animals have been confined without such rest on connecting roads from }lor?4 280 < *! town, and affix penalties of not more than fifty dollars for each violation thereof. SECTION 98. The mayor and aldermen and the selectmen, respec -- licenses for tively, may license, upon such terms as may be prescribed in such ordi- il^^eTf a!*' nances or by-laws, the keeping, storage, transportation, use, manufacture p - s ' 102 - 61 - or sale of explosives within the limits of such city or town. For additional laws as to transportation of explosives see other sections of R. L. Chapter 102, and Acts of 1910, Chapter 588, below; 1904, 370; 1905, 280; 1908, 502. Acts of 1910, Chapter 588. An Act to transfer from the Board of Railroad Commissioners to the District' Police Certain Powers and Duties relative to the Transporta- tion of Explosives. SECTION 1. Sections ninety-nine, one hundred and one hundred and I L L - 1 ^9 2> " one of chapter one hundred and two of the Revised Laws are hereby re- peaied. pealed; but this repeal shall not affect any suit, prosecution or other proceeding pending at the time of the repeal. SECTION 2. The detective and fire inspection department of the dis- trict police may adopt and prescribe regulations for the transportation of gunpowder and other explosives or explosive or inflammable fluids or compounds by steam railroads or otherwise, and may from time to time change or amend such regulations. ' 134 PART II. OF RAILROAD CORPORATIONS. SECTION 3. The rules heretofore made by the board of railroad com- missioners under authority conferred by section ninety-nine of chapter one hundred and two of the Revised Laws, and now in force, shall con- tinue in force until superseded or annulled by the detective and fire in- spection department of the district police acting under the authority of this act. SECTION 4. Whoever knowingly violates or knowingly causes or per- mits the violation of any regulation adopted and prescribed under the authority of this act shall be punished by a fine not exceeding one thou- sand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. [Approved June 3, 1910. Oils not to remain in streets. 1869, 152, P. S. 102. See 1905,280. Powers of district police. See also 1908, BOS. Common carrier not to be held liable in certain cases. Transporta- tion of milk. 1879, 206, 1, 3. P. S 112, 192. 1893, 210, 1. R. L. Ill, 246. Amended. 1910,633, 1. 1906, 463, Part II, 202, amended. STORAGE OF OILS, ETC. Revised Laws, Chapter 102, 118. SECTION 118. None of the articles named in sections one hundred and six to one hundred and fourteen, inclusive, shall be allowed to re- 74. mam in a street, lane, alley or travelled way, upon a wharf, in a yard, or on the grounds of a railroad corporation, in a city, for more than twenty- four hours or in a town, for more than forty-eight hours, without a special permit from the mayor and aldermen or selectmen, or from a person authorized by them. Whoever so keeps such articles for a longer time shall be punished by a fine of not more than fifty dollars for each offence. Acts of 1905, Chapter 324. An Act relative to Trustee Process. When a common carrier, summoned as trustee in an action at law, has in his or its possession goods shipped by or consigned to a defendant in such action, such carrier, in the absence of collusion or fraud on his or its part, shall not be held liable to the owner or consignee by reason of his or its failure to transport and to deliver said goods until the attach- ment is dissolved or the carrier is discharged as trustee. [Approved April 21, 1905. Transportation of Milk. SECTION 202. A railroad corporation shall not receive, for- ward or deliver milk in large quantities over any portion of its line, or permit others so to do, under contract, lease or hiring of cars or otherwise, without at the same time providing, as re- gards time, care and preservation of the milk and the return of the empty cans, equal facilities and advantages for receiving, forwarding and delivering milk by the can over the same por- tion of its line; nor without establishing a tariff for the milk by the can which is [fairly proportionate to] the same rate which it charges or receives as aforesaid for milk in large quantities. Acts of 1910, Chapter 633, 1. An Act relative to the Transportation and Sale of Milk. SECTION 1. Section two hundred and two of Part II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by striking out the words "fairly proportionate to", in the tenth line, and by inserting the word : same, after the word "the", in the tenth line, so as to read as follows: Section 202. v A railroad corporation shall not receive, forward or deliver milk in large PART II. OF RAILROAD CORPORATIONS. 135 quantities over any portion of its line, or permit others so to do, unde,r contract, lease or hiring of cars or otherwise, without at the same time providing, as regards time, care and preservation of the milk and the return of the empty cans, equal facilities and advantages for receiving, forwarding and delivering milk by the can over the same portion of its line; nor without establishing a tariff for the milk by the can which is the same rate which it charges or receives as aforesaid for milk in large quantities. SECTION 203. Upon the petition of one or more persons who Transportation desire to forward milk by the can over any railroad or any por- tlrifUoY, tion or portions thereof, the board of railroad commissioners, igygfloG,' 2. after notice to the railroad corporation and a hearing, shall as- \9 3 112> certain and compare the tariff established as aforesaid for milk i 89 . 210, 2. by the can with the rate charged or received as aforesaid for 247. . , .... ' , -, , , . 158 Mass. 1. milk in large quantities over such railroad or such portion or Amended. portions thereof; and if the former is, in the judgment of said 1910 ' 633 ' s - board, [unreasonably high, as compared with] higher than the latter, said board shall revise said tariff and shall fix such rate for milk by the can as [in its judgment is fairly proportionate to] it finds to be the rate for milk in large quantities, including in both cases the same care and preservation of the milk and the return of the empty cans, as aforesaid; and shall notify the corporation in writing of the rate by the can so fixed over such railroad or such portion or portions thereof; but [milk received by one railroad corporation from another shall not be considered as received at the point of junction of the two railroads, in comparing and fixing as aforesaid the rate for milk by the can tendered at such point of junction] the rates by the can so fixed shall not be higher than the rates charged by the same railroad corporation for a longer distance on any part of its system. Acts of 1910, Chapter 633, 2, 3. SECTION 2. Section two hundred and three of Part II of said chapter 1906, 463, four hundred and sixty-three is hereby amended by striking out the words amended? 2 3 ' "unreasonably high, as 'compared with", in the tenth line, and inserting in place thereof the words : higher than, and by striking out the words "in its judgment is fairly proportionate to", in the twelfth and thirteenth lines, and inserting in place thereof the words : it finds to be, and by striking out all after the word "but", in the eighteenth line, and inserting in place thereof the words : the rates by the can so fixed shall not be higher than the rates charged by the same railroad cor- poration for a longer distance on any part of its system, so as to read as follows: Section 203. [For 203 as amended, see above.] SECTION 3. No milk shall be sold in this commonwealth unless the conditions under which it is produced are subject to the inspection pro- vided for by the laws of the commonwealth. SECTION 204. A railroad corporation which refuses or neg- Penalties. lects to receive, forward or deliver milk by the can over its rail- p. s.'ii2,' road or any portion thereof at the tariff rate therefor, as pro- fggt^io, 3. vided in the preceding section, shall forfeit to the person who ^ m - 136 PART II. OF RAILROAD CORPORATIONS. tenders the same five dollars for each and every can of milk which it so refuses to receive or neglects to forward and deliver at the said tariff rate. Prohibition as to Lord's day, of labor, etc., except works of necessity, etc. C. L. 133, 1.2. 1692-3, 22, : 1716-7, 13, : 1727-8, 5, 1,4. 176O-1, 20, 2, 9. 1782, 23, | 1. 1791, 58, 1. 1796, 89, 1. FROM SUNDAY OBSERVANCE LAW. Revised Laws, Chapter 98, 2. SECTION 2. Whoever, on the Lord's day, keeps open his shop, ware- house or workhouse, or does any manner of labor, business or work, except works of necessity and charity, or takes part in any sport, game, play or public diversion, except a concert of sacred music or an enter- tainment given by a religious or charitable society the proceeds of which, if any, are to be devoted exclusively to a charitable or religious purpose, shall be punished by a fine of not more than fifty dollars for each offence; and the proprietor, manager or person in charge of such game, sport, play or public diversion, except as aforesaid, shall be punished by a fine of not less than fifty nor more than five hundred dollars for each offence. R. S. 50, 1. 10 Cush. 257. 407, 411. 143 Mass. 28, 167. G. S. 84, 1. 8 Gray, 384, 553. 101 Mass. 30, 366. 144 Mass. 362, 363. 1862, 152. 11 Gray, 308. 103 Mass. 188. 145 Masa. 99, 353. 1863, 143. 15 Gray, 433. 107 Mass. 251, 439. 155 Mass. 543. P. S. 98, 2. 9 Allen, 118, 452. 108 Mass. 517. 159 Mass. 101. 1895, 434, 2. 10 Allen, 18. 112 Mass. 368, 467. 168 Mass. 519. 12 Met. 24. 11 Allen, 209. 117 Mass. 142. 170 Mass. 561. 13 Met. 284. 12 Allen, 187. 127 Mass. 123. 125 U. S. 555. 2 Cush. 556. 13 Allen, 559. 128 Mass. 148. Amended. 4 Cush. 243. 97 Mass. 45, 166. 131 Mass. 546. 1904, 460, S. R. L. 98, 2. amended. Penalty for doing certain business, etc., on the Lord '3 day. Acts of 1904, Chapter 460, 2. SECTION 2. Whoever, on the Lord's day, keeps open his shop, ware- house or workhouse, or does any manner of labor, business or work, ex- cept works of necessity and charity, or takes part in any sport, game, play or public diversion, except a concert of sacred music or an entertain- ment given in good faith by a religious or charitable society in aid of a religious or charitable purpose, the entire proceeds of which, if any, less only the necessary and reasonable expenses, not to exceed twenty-five per cent of such proceeds, are to be devoted exclusively to a religious or charitable purpose, shall be punished by a fine of not more than fifty dollars for each offence; and the proprietor, manager or person in charge of such game, sport, play or public diversion, except as aforesaid, shall be punished by a fine of not less than fifty nor more than five hundred dollars for each offence. Certain busi- ness not pro- hibited. 1886, 82. 1887,391, 2. 1893,41. 1895, 434, 2. 1900, 440. 1901, 80. 145 Mass. 430. 149 Mass. 68. 176 Mass. 5, 104. See 1908, 273, /or amend- ments. 1902, 414. 1908, 1S6, %t$ t 333, 3>y3 t 354, 637. 1910, 327. 1911,828. Revised Laws, Chapter 98, 3, 10, 11, 14, 15, 17. SECTION 3. The provisions of the preceding section shall not be held to prohibit the manufacture and distribution of steam, gas or electricity for illuminating purposes, heat or motive power, nor the distribution of water for fire or domestic purposes, nor the use of the telegraph or the telephone, nor the retail sale of drugs and medicines, nor articles ordered by the prescription of a physician or mechanical appliances used by physicians or surgeons, nor the retail sale of tobacco in any of its forms by licensed innholders, common victuallers, druggists and newsdealers whose stores are open for the sale of newspapers every day in the week, nor the letting of horses and carriages or of yachts and boats, nor the running of steam ferry boats on established routes, nor the running of street railway cars, nor the preparation, printing and publication of newspapers, nor the sale and delivery of newspapers, nor the whole- PART II. OF RAILROAD CORPORATIONS. 137 sale or retail sale and delivery of milk, nor the transportation of milk, nor the making of butter and cheese, nor the keeping open of public bath houses, nor the making or selling by bakers or their employees, before ten o'clock in the morning and between the hours of four o'clock and half past six o'clock in the evening, of bread or other food usually dealt in by them, nor the carrying on of the business of bootblacks before eleven o'clock in the forenoon. SECTION 10. Prosecutions for penalties incurred under the preceding Prosecutions, provisions of this chapter shall be commenced within six months after instituted" the offence was committed. 18 1 5 > 135 - R. S. 50, 11. G. S. 84, 10. P. S. 98, 8. SECTION 11. Sheriffs, constables and grand jurors shall inquire into Sheriffs, etc., and inform of all offences against the provisions of this chapter, and offence C cause the same to be enforced. 1727-8, 5, 5. 1791,58, 10, 12. R. S. 50, 9. G. S. 84, 8. P. S. 98, 9. SECTION 14. The board of railroad commissioners may authorize the Rule as to running, on the Lord's day, of such steamboat lines and such trains i^neTancf 1 upon any railroad, as, in the opinion of the board, the public necessity JM'^IIQ and convenience require, having regard to the due observance of the P. s/98, 15. day 1887. 391, 3. SECTION 15. The board of railroad commissioners may, if in their as to steam- opinion the public necessity, convenience, health or welfare so requires, i897%89. authorize the running of steamboats on the Lord's day for the entire year or any part thereof, upon such conditions as they deem judicious to prevent disorderly conduct or the disturbance of public worship; and may at any time revoke such authority. SECTION 17. The provisions of this chapter shall not constitute a This chapter defence to an action for a tort or injury suffered by a person on the Lord's *$ 2| 2 ence ' day. 1884,37. 140 Mass. 199. 165 Mass. 346. 125 U. S. 555. P. S/98, 3. CONNECTING RAILROADS. SECTION 205. If a railroad constructed after the eighth day Connecting of April in the year eighteen hundred and seventy-two meets pannes ma^use another railroad which terminates in the same city or town, or roada ther 8 lawfully crosses another railroad at the same level therewith, jj 4 ! 5 '^ 91 ' the corporation by which either of said railroads is owned may if 5 , 7 *! 91 ' enter its railroad upon, unite the same with and use the rail- G. s'. 63, road of the other; if a railroad constructed after said day meets 1872,53, 12; another railroad which passes through the same city or town, 1174, 372. the corporation by which either of said railroads is owned may, i876%82. with the written consent of the board of railroad commissioners P j 6 s - 112 ' and upon such terms as said board upon hearing prescribes, R,-^- m. enter its railroad upon, unite the same with and use the rail- 12 Gray, 393. road of the other; and if a railroad corporation whose railroad was constructed prior to said day is specially authorized to enter its railroad upon, unite the same w r ith and use the rail- road of another corporation, each of such corporations may enter upon, unite its railroad with and use the railroad of the other; but no locomotive engine or other motive power which is not owned and controlled by the corporation owning or law- fully operating the railroad shall be allowed to run upon a rail- road except with the consent of such corporation. 138 PART II. OF RAILROAD CORPORATIONS. Through routes, joint rates may be required. Proviso. Compensation for drawing cars, etc. 1845, 191, 2. 1857,291, 1.3. G. S. 63, 117. 1874, 372, 166. P. 8. 112, 217. II. L. Ill, 273. 12 Gray, 393. 14 Allen, 469. determina- tion of rates of. 1845, 191, 2-4. 1857, 291, 2. 1858, 10. Acts of 1913, Chapter 784, 25. SECTION 25. Wherever there is no satisfactory through route for the transportation of passengers or freight at a reasonable rate the commission shall have power by order, after notice and a public hearing had upon complaint, to require any two or more railroad or railway companies whose lines, owned, operated, leased, or controlled by stock ownership or other- wise, form a continuous or connecting line of transportation, or could be made to do so by the construction and maintenance of switch connection or interchange track at connecting points, or by transfer of property or passengers at connecting points, to establish through routes and joint rates, fares and charges for the transportation of passengers and property, and for the operation of the cars and other equipment for such trans- portation, within the commonwealth, as the commission may by its order designate; and, in case such companies cannot agree as to the division of rates or the conditions under which such through routes or trans- portation shall be established or such cars or other equipment operated, the commission shall have power, after due hearing, to determine and prescribe the proportionate portions of such through rates payable to each of such companies, the conditions under which such through routes or transportation shall be established or such cars or other equipment operated, and, in case of railways, to grant locations upon which the grantee company may construct the switch connection or interchange track necessary to the establishment of such through routes or transportation, or to the operation of such cars or other equipment: provided, however, that a railroad or railway company shall have control of and responsibility for the management and operation of all trains or cars while they are upon its railroad or railway as fully as if it owned them. The commission may, upon reasonable terms and condi- tions, require and order any railroad or railway company which carries freight in carload lots to establish and maintain for the purpose of receiving or delivering freight in carload lots, a switch connection with any private side track constructed on land adjoining the location of any such rail- road or railway, if the commission is of opinion that such connection is reasonable and practicable, can be put in and used with safety, and will furnish sufficient business to justify its construction and maintenance, and the commission may grant to any railway company the necessary locations in public ways and places for any switch connection ordered by the commission to be constructed by such railway company. SECTION 206. If two corporations are authorized as in the preceding section each to enter with its railroad upon, unite the same with and use the railroad of the other, each of them shall at reasonable times and for a reasonable compensation draw over its railroad the passengers, merchandise and cars of the other, and each of them shall for a reasonable compensation provide upon its railroad convenient and suitable station ac- commodations for the passengers and merchandise of the other corporation passing to and over it, and shall receive and deliver the same in the manner in which it receives and delivers its own passengers and freight. SECTION 207. If the corporations cannot agree upon the stated periods at which the cars of one shall be drawn Over the railroad of the other, and upon the compensation to be paid PART II. OF RAILROAD CORPORATIONS. 139 therefor, or upon the terms and conditions upon which accom- G. s. 63, modations shall be furnished for the passengers and merchan- 1869,408, 5. dise of the other, or if two corporations operating railroads of llll', 372', 4 ' different gauges cannot agree as to the requisite terminal ac- p. 1 ! 7 112, commodations, or as to the manner in which freight and pas- f sengers shall be transferred from one railroad to the other and J 274.^ ^ forwarded, the board of railroad commissioners, upon the peti- u Gray, 253, tion of either party and after notice to the other, shall hear the parties, and determine, having reference to the convenience and interest of the corporations and of the public to be accommo- dated thereby, the stated periods for drawing cars, the compen- sation therefor, the terms and conditions for passengers and merchandise, or the requisite terminal accommodations and manner of transferring passengers and freight as aforesaid; and, upon the application of either party, shall determine all ques- tions between the parties relative to the transportation of freight and passengers and other business upon and connected with said railroads in which they are jointly interested and the manner in which the business shall be done, and shall apportion to the corporations their respective shares of the expenses, re- ceipts and income of the same; and the award of the board of railroad commissioners shall be binding upon the respective cor- porations for one year and thereafter until the said board re- vises the same; and the compensation of said board for services and expenses under the provisions of this section shall be paid by the respective corporations in such proportions as said board shall determine and set forth in its award. Upon the request in writing of a party affected thereby, filed with said board within thirty days after the rendering thereof, the award shall be filed in the supreme judicial court which shall have jurisdic- tion to revise it as if it had been made by a commission ap- pointed by said court. SECTION 208. A railroad corporation which is created by Connecting the laws of another state shall have all the rights and privileges tered by other relative to connecting railroads, under the provisions of the iseofzoi. three preceding sections, of a corporation which is created by p 87 s. f n2,'2i9; the laws of this commonwealth. R.L. 111,1275. SECTION 209. Two railroad corporations, which are incor- Connecting porated under the laws of this commonwealth, and whose rail- m^c^ntract roads enter upon or connect with each other, may contract that perf ?m e a 8 n a11 either corporation shall perform all the transportation upon and JorThTother 11 over the railroad of the other; and any siich corporation may J? 3 ^" 1 lease its railroad to any other such corporation; but the facili- G. s. e's, ties for travel and business on either of the railroads of said 1372, iso, i. corporations shall not thereby be diminished. Such leases shall i| 7 f ; 1^; be upon such terms as the directors agree, and as a majority in interest of the stockholders of both corporations at meetings called for the purpose approve, subject to the provisions of sec- iss*. soe, i. tion [two hundred and seven.] sixty-seven of Part I of this act. 276. The income arising from such contracts or leases shall be 5 Alien? 230. ' subject to the provisions of law relative to the right of the 8Allen > 438 - 140 PART II. OF RAILROAD CORPORATIONS. [1 Op. A. G. 118.] Amended. 1907, 685, 8. [For "Merger" bill, see pp. 43-46.] Term of lease not to exceed ninety-nine years, etc. 1880, 205, 2. P. S. 112, 222. R. L. Ill, 277. commonwealth to purchase the railroads of the railroad corpora- tions or to reduce their tolls, in the same manner as that aris- ing from the use of the railroads. Copies of such contracts or leases shall be deposited with the board of railroad commission- ers, and full statements of the facts shall be set forth in the next annual return of such corporations. The provisions of this section shall not authorize a lease or contract between two rail- road corporations, each of which has a terminus in the city of Boston. The railroads of two railroad corporations shall be considered to enter upon or connect with each other, within the meaning of this section, if one of such railroads enters upon, connects with, or intersects a railroad leased to the other or operated by it under a contract as herein authorized. SECTION 210. A railroad corporation shall not lease or con- tract for the operation of its railroad for a period of more than ninety-nine years without the consent of the general court; but the provisions of this section shall not render invalid a lease which was approved by the stockholders of a corporation before the first day of July in the year eighteen hundred and eighty. Annual returns to tax commissioner. 1864, 208, 2,3. . 1865, 283, 3. 1880, 117, 2. P. S. 13, 38. 1885, 238, 1. 1886, 270. 1888, 413, 24. 1898,417;578, 2. R. L. 14, 37. 12 Allen, 75. 98 Mass. 25. 139 Mass. 561. 144 Mass. 598. 146 Mass. 408. 157 Mass. 70. [1 Op. A. G. 278.] Amended. 1909, 440, 2. Valuation of corporate fran- chise, etc. Deductions. 1864, 208, 5,6. 1865, 283, 4,5. 1880, 117, 2. P. S. 13, 39, 40. 1885, 238, 1. 1886, 270. 1898,417. R. L. 14, 38. 13 Allen, 391. 98 Mass. 19,25. 100 Mass. 184, 399. 125 Mass. 568. Corporate Franchise Tax. SECTION 211. Every railroad corporation organized under general or special laws of the commonwealth, in addition to all returns required by its charter, shall annually, between the first and tenth days of [May,] April, return to the tax commissioner, under the oath of its treasurer, a complete list of its share- holders, their residences, the number of shares belonging to each, the amount of the capital stock of the corporation, its place of business and the par value and market value of the shares made up as of said first day of [May.] April. If stock is held as collateral security, such return shall state the name and residence of the pledgor and of the pledgee. It shall also contain a statement in detail of the works, structures, real estate and machinery owned by said corporation and subject to local taxation within the commonwealth, and of the location and value thereof. A railroad corporation, whether chartered or organized in this commonwealth or elsewhere, shall also state in its return the whole length of its lines, and so much of the length of its lines as is without the commonwealth. SECTION 212. The tax commissioner shall ascertain from the returns or otherwise the true market value of the shares of each railroad corporation, and shall estimate therefrom the fair cash value of all of said shares constituting its capital stock on the preceding first day of [May,] April, which, unless by the charter of the corporation a different method of ascertaining such value is provided, shall, for the purposes of this act, be taken as the true value of its corporate franchise. From such value there shall be deducted, in case of a railroad corporation, whether chartered or organized in this commonwealth or elsewhere, so much of the value of its capital stock as is proportional to the PART II. OF RAILROAD CORPORATIONS. 141 length of that part of its line, if any, lying without the com- 137 Mass 139 Mass mon wealth; and also the value of its real estate and machinery 144 Mass 157 Mass 80. 561. 598. 408. 372. 70. 522. subject to local taxation within the commonwealth. is? Mass For the purposes of this section, the tax commissioner may take the value at which such real estate and machinery is as- sessed at the place where it is locat.ed as the true value, but ~*M9, 440, s. such local assessment shall not be conclusive of the true value thereof. SECTION 213. The tax commissioner may require the cor- Corporation to poration to prosecute an appeal from the valuation of its real fo p c^ a v ai r u estate or machinery by the assessors of a city or town, either to i865,1>83? 6. the county commissioners or to the superior court, whose deci- Tsgo, ilvfi?. sion shall be conclusive upon the question of value. Upon such ^ 9 - ^ 7 , 39 appeal the tax commissioner may be heard, and in the superior court costs may be awarded as justice requires. SECTION 214. Every railroad corporation shall annually pay Tax to be paid a tax: upon its corporate franchise, after making the deductions franchFsT"' provided for in section two hundred and twelve, at a rate equal ^1 de ~ to the average of the annual rates for the three years preceding the j|6|. 208. |. year in which the assessment is laid, the annual rate to be de- isso! 117! 2. termined by an apportionment of the whole amount of money to isss, 238, i. be raised by taxation upon property in the commonwealth dur- ills! 413! 24. ing the same year as returned by the assessors of the several R 9 L. t^'i 40. cities and towns under the provisions of section ninety-three of 2^ 8 Allen ' 75> chapter twelve of the Revised Laws, and amendments thereof, ** Mass. 19, 25. . . . i , .'' 99 Mass. 146, upon the aggregate valuation ol all cities and towns lor the 151. ,. , . . j . , 105 Mass. 527. preceding year as returned under sections sixty and sixty-one or 135 Mass. 509. said chapter and amendments thereof; but if the return from any 139 Mass! lei. city or town is not received [prior to the twentieth day of] on or before the first Monday of August, the amount raised by taxation in said city or town for the preceding year, as certified 178 u. "s. 120. to [said secretary of the commonwealth,] the tax commissioner imZ/is.li. may be adopted for the purpose of this determination. The amount of tax assessed upon polls for the preceding year, as certified to [said secretary] the tax commissioner, may be taken as the amount of poll tax to be deducted from the whole amount to be raised by taxation, in ascertaining the amount to be raised upon property. Acts of 1909, Chapter 513, 1. An Act relative to the Apportionment Rate of Corporate Franchise Taxes. SECTION 1. Section two hundred and fourteen of Part II of chapter 1906,463, four hundred and sixty-three of the acts of the year nineteen hundred Amended? and six is hereby amended by inserting after the word "rate", in the fourth line, the words : equal to the average of the annual rates for the three years preceding the year in which the assessment is laid, the annual rate to be, by inserting after the word "Laws", in the ninth line, the words : and amendments thereof, by inserting after the word "chapter", in the eleventh line, the words: and amendments thereof, by striking out the words "prior to the twentieth day of", in the twelfth and- thirteenth lines, and inserting in place thereof the 142 PAKT II. OF RAILROAD CORPORATIONS. words : on or before the first Monday of, by striking out the words "said secretary of the commonwealth", in the fifteenth line, and insert- ing in place thereof the words : the tax commissioner, and by strik- ing out the words "said secretary", in the eighteenth line, and inserting in place thereof the words : the tax commissioner, so as to read as follows: Section 214- [For 214 as amended, see above.] Assessors tri- ennially to de- posit with the secretary of the common- wealth copies of valuation books. 1861, 167, 3. 1864, 210, 1. P. S. 11, 55. 1883, 91. 1894, 318. See 1908, 314. 1912 %2% Revised Laws, Chapter 12, 61. SECTION 61. The assessors of cities and towns, except the city of Boston, shall, on or before the first day of October in the year nineteen hundred and four and in every third year thereafter, deposit in the office of the secretary of the commonwealth, in books to be by him provided for the purpose, a copy of the assessors' valuation-books of those years, to be by them certified under oath. Said assessors shall also annually, on or before the first day of October, and the assessors of the city of Boston, on or before the first day of November, in like manner deposit an attested copy of the table of aggregates required by the provisions of the preceding section. Returns to tax commissioner of corporate property and amount of taxes laid. 1864, 208, 1. 1865, 283, 1, 14. P. S. 11, II 86, 87. 13 Allen, 391. 1909, 440, | 2; Now 1909, 490, Part I, 93. Revised Laws, Chapter 12, 93. (As amended by 1904, chapter 191, and 1906, chapter 271, 11.) SECTION 93. Assessors shall annually, on or before the first Monday of July, return to the tax commissioner the names of all corporations, except banks of issue and deposit, having a capital stock divided into shares, chartered by the Commonwealth or organized under the general laws for the purpose of business or profit and established in their respective cities and towns or owning real estate therein, and a statement in detail of the works, structures, real estate and machinery owned by each of said corporations and situated in such city or town, with the value thereof, on the first day of May preceding, and the amount at which the same is assessed in said city or town for the then current year. They shall also, on or before the first Monday of August, return to the tax commissioner the amount of taxes laid, or voted to be laid, within said city or town, for the then current year, for state, county and town purposes. They shall also, on or before the first Monday of August, return to the tax commissioner the names of all foreign corporations which have a usual place of business within said city or town. If the assessors neglect to comply with the requirements of this section, each assessor so neglecting shall forfeit one hundred dollars. Remedy of corporation when assess- ors' valuation of real estate exceeds tax commission- er's. 1865, 283, 6. P. S. 13, | 41. 1898, 417. R. L. 14, | 42. 137 Mass. 81. 146 Mass. 403. 152 Mass. 384. 167 Mass. 522. SECTION 215. If the value of the real estate and machinery of a railroad corporation subject to local taxation within the commonwealth, as determined by the tax commissioner, is less than the value thereof as determined by the assessors of the place where it is situated, he shall give notice of his determina- tion to such corporation; and, unless within one month after the date of such notice it applies to said assessors for an abate- ment, and, upon their refusal to grant an abatement, prosecutes an appeal under the provisions of section seventy-seven of chap- ter twelve of the Revised Laws, giving notice thereof to the tax commissioner, the valuation of said commissioner shall be con- clusive upon said corporation. PART II. OF RAILROAD CORPORATIONS. 143 Revised Laws, Chapter 12, 77. SECTION 77. A person aggrieved by the refusal of assessors to abate Appeal to a tax may, within thirty days after receiving the notice provided in the missiraers preceding section, appeal therefrom by filing a complaint with the clerk 1785, so, of the county commissioners, or of any board exercising the powers of R. s. 7, ' such commissioners, for the county in which the property taxed is situated, and if upon a hearing the board finds that the property has 1857 1 soe! 3. been overrated, it shall make a reasonable abatement and an order as 45,46. to costs. If the list required to be brought in to the assessors was not ?* ^ 1 ^ brought in within the time specified in the notice required by section 1882,218. forty-one, the tax shall not be abated unless the appellate board finds e Alien, 131. that there was good cause for the delay or unless the assessors have so found as provided in section seventy-four. No costs shall be allowed 596. to a complainant who has failed to file a list as required by law. 159 Mass! s&3. 193 Mass. 327. 198 Mass. 434. 1909, 490, Part I, 76. 1911,24%. 182 Mass. 298. Exemption and Apportionment. SECTION 216. No taxes shall be assessed in a city or town Exemption for state, county or town purposes, upon the shares in the cap- ta^tion*! ital stock of a railroad corporation for any year for which it ment. rtl n pays to the treasurer and receiver general a tax on its corporate ^ 6 |' j^ 8 - franchise. Such proportion of the tax collected of each rail- ises, 283. is. road corporation as corresponds to the proportion of its stock P. s.' 13, 57.' 1 007 22S owned by persons residing in this commonwealth shall be dis- isss, 413; 23. tributed, credited and paid to the several cities and towns, in 9 4,'26 17:578> which, from the returns or other evidence, it appears that such J 9 ,; \ \l' | \ persons resided on the preceding first day of [May,] April, according to the number of shares so held in such cities and 139 Mass. 559. towns respectively. If stock is held by co-partners, guardians, 1000,440, if. executors, administrators or trustees, the proportion of tax corresponding to the amount of stock so held shall be credited and paid to the cities and towns where the stock would have been taxed under the provisions of clauses four, five, six and seven of section twenty-three and section twenty-seven of chap- ter twelve of the Revised Laws. If a city or town owns such stock, a return to said city or town shall be made as if it were owned by persons resident therein. Revised Laws, Chapter 12, 23, cl. 4-7, 27. SECTION 23. All personal estate, within or without the common- Assessment wealth, shall be assessed to the owner in the city or town in which he is estate 8 nal an inhabitant on the first day of May, except as provided in chapter isso, i5i,2. fourteen and in the following clauses of this section: 9,' 16. 1839, 139, 2. 6 Gray, 579. 104 Mass. 587. 132 Mass. 93. G. S. 11, 12. 7 Gray, 277. 109 Mass. 270. 135 Mass. 258. P. S. 11, 20. 9 Gray, 433. 112 Mass. 384. 137 Mass. 332. I Met. 242, 250. 13 Gray, 488. 124 Mass. 143. 158 Mass. 461. 4 Met. 181. 16 Gray, 292, 337. 125 Mass. 348. 1902, 342, 1. 10 Cush. 65. 9 Allen, 246. 126 Mass. 161, 166. 1909, 439, 1. II Cush. 362. 14 Allen, 366. 131 Mass. 424. 1909, 440, . 3 Gray, 494. 103 Mass. 279. Fourth, Personal property belonging to persons under guardianship Property of shall be assessed to the guardian in the city or town of which the ward gua^ansh?" is an inhabitant unless the ward resides and has his home without the R. s. 7, 10, cl. 4. 144 PART II. OF RAILROAD CORPORATIONS. 1855, 106. 1859, 258. G. 8. 11, 12. cl. 4. Trust property. R. S. 7, 10, cl. 5. G. S. 11, 12, cl. 5. P. S. 11, 20, cl. 5. 1894, 490. 5 Cush. 93. 6 Gray, 132. 6 Allen, 277. 105 Mass. 528. 124 Mass. 194. 140 Mass. 346. 145 Mass. 111. 147 Mass. 431. 165 Mass. 287. Personal property held as an accumu- lating fund. R. S. 7, 10, cl. 6. G. S. 11, 20, cl. 6. " P. S. 11. 20, cl. 6. of decedents. R. S. 7, 10, cl. 7. 1848, 235. 1852, 234. G. S. 11, 12, cl.7. 1878, 189, 2. P. S. 11, 20, cl.7. 5 Pick. 236. 4 Cush. 1. 6 Allen, 277. 97 Mass. 322. 102 Mass. 348. 123 Mass. 376. 149 Mass. 63. 154 Mass. 143. Partners, how taxed. R. S. 7, 13. 1859, 114. G. S. 11, 15. P. S. 11, 24. 9 Cush. 298. 7 Gray, 132. 14 Allen. 366. 105 Mass. 526. Ill Mass. 322. commonwealth, in which case it shall be taxed to the guardian in the city or town of which he is an inhabitant. P. s. 11, 20, cl. 4. 2 Gray, 494. 4 Allen, 462. 105 Mass. 528. 145 Mass. 111. Fifth, Personal property held in trust by an executor, administrator or trustee, the income of which is payable to another person, shall be assessed to the executor, administrator or trustee in the city or town in which such other person resides, if within the commonwealth; and if he resides out of the commonwealth it shall be assessed in the place where the executor, administrator or trustee resides; and if there are two or more executors, administrators or trustees residing in different places, the property shall be assessed to them in equal portions in such places, and the tax thereon shall be paid out of said income. If the executor, administrator or trustee is not an inhabitant of the commonwealth, it shall be assessed to the person to whom the income is payable, in the place where he resides, if it is not legally taxed to an executor, administrator or trustee under a testamentary trust in any other state. Sixth, Personal property placed in the hands of a corporation or individual as an accumulating fund for the future benefit of heirs or other persons shall be assessed to such heirs or persons, if within the commonwealth, otherwise to the person so placing it, or his executors or administrators, until a trustee is appointed to take charge of such property or of the income thereof. 13 Alien, 267. 121 Mass. 351. 123 Mass. 355. 124 Mass. 193. 147 Mass. 427. Seventh, Personal property of deceased persons shall be assessed in the city or town in which the deceased last dwelt. Before the appoint- ment of an executor or administrator it shall be assessed in general terms to the estate of the deceased, and the executor or administrator sub- sequently appointed shall be liable for the tax so assessed as though assessed to him. After such appointment it shall be assessed to such executor or administrator for three years or until it has been distributed and notice of such distribution has been given to the assessors stating the name and residence of the several parties interested in the estate who are inhabitants of the commonwealth and the amount paid to each. After three years from the date of such appointment it shall be assessed according to the provisions of clause five of this section. 161 Mass. 9. 176 Mass. 77. SECTION 27. Partners, whether residing in the same or in different cities or towns, may be jointly taxed under their firm name, in the place where their business is carried on, for all the personal property employed in such business, except ships or vessels. If partners have places of business in two or more towns, they shall be taxed in each of such places for the proportion of property employed therein. If so jointly taxed, each partner shall be liable for the whole tax. 125 Mass. 351. 130 Mass. 144. 133 Mass. 499. 137 Mass. 227. 140 Mass. 346. 163 Mass. 444. 172 Mass. 383, 464. Tax commis- sioner to deter- mine amounts due to cities and towns. 1865, 283, 15. P. S. 13, 58. 1898, 578, 4,5. R. L. 14, 62. 212 Mass. 437. SECTION 217. The tax commissioner shall, subject to appeal to the board of appeal, ascertain and determine the amount due to each city and town under the provisions of the preceding section, notify the treasurer of each city and town thereof, and certify the amount as finally determined to the treasurer and receiver general, who shall thereupon pay over the same. PART II. OF RAILROAD CORPORATIONS. 145 Acts of 1909, Chapter 490, Part III, 39, 40. TAXATION OP CORPORATE FRANCHISES. SECTION 39. The term "domestic business corporation" as used in Definitions, this act shall mean every corporation of the classes enumerated in sec- g?Q 0> 38 ' 4o6> tion one of chapter four hundred and thirty-seven of the acts of the year nineteen hundred and three; the term "foreign corporation" shall mean every corporation, association or organization of the classes enumerated in section fifty-eight of said chapter. SECTION 40. Every corporation organized under the general or special Annual returns laws of the commonwealth for purposes of business or profit, having a missioner. capital stock divided into shares, except banks, whose shares are other- | 6 2,'3 08 ' wise taxable under the provisions of this part, in addition to all returns i||5. 283, 3. required by its charter, and in addition to all returns otherwise required isss! 238, i. under the provisions of this part, shall annually, between the first and }ff|| - 24 tenth days of [May,] April make a return to the tax commissioner, if2 8> A 17; under oath of its treasurer, stating the name of the corporation, its place R. L. u, 37. of business, and setting forth as of the first day of [May] April of the J^gj ^ | ^ year in which the return is made: p 906> T 4 T 63 s 911 First, The total authorized amount of the capital stock of the corpora- part ni'., tion; the amount issued and outstanding and the amount then paid | j| 5; 51G> thereon; the classes, if any, into which it is divided; the par value and 12 Alien, 75. number of its shares; the market value of the shares of its stock, or of 139 Mass. 501. each class of its stock, if there are two or more classes. J 44 . j^J- ^ Second, A statement in such detail as the tax commissioner may require 157 Mass. 70. of the works, structures, real estate, machinery, underground conduits, sor Mass, sse, wires and pipes, owned by said corporation and subject to local taxation ff Qp*|' Q within the commonwealth, and of the location and value thereof; and, 278.] in the case of domestic business corporations, of the merchandise and sl9li,S79. other assets belonging to the corporation within and without the com- j^'jl/2 695 monwealth. Third, And [except as to street railway companies] a complete list of Amended, the shareholders of the corporation, their residences, and the amount and class of stock, if more than one, belonging to each. If stock is held as collateral security, the list shall state the name and residence of the pledger and of the pledgee. Railroad corporations and telegraph, street railway, and electric rail- Amended, road companies, whether chartered or organized in this commonwealth or elsewhere, shall also state in their return the whole length of their lines and so much of the length of their lines as is without the common- wealth; electric railroad companies shall also return so much of their line as is constructed on private land ; street railway and electric railroad companies shall also state in their return the length of track operated by them in each city or town on the [thirtieth day of September] thirty-first day of March preceding the return, to be determined by measuring as single track the total length of all tracks operated by them, including sidings and turn-outs, whether owned or leased by them or over which they have trackage rights only, and the amount of dividends paid on their capital stock during the year ending on [such preceding thirtieth day of September,] the thirtieth day of September preceding the return and during each year from the organization of the company. Telephone companies organized under the general or special laws of this common- wealth, and manufacturing, owning, using, selling or licensing others to use telephones or other apparatus or appliances pertaining thereto wholly or partially within this commonwealth, and all such companies incor- 146 PART II. OF RAILROAD CORPORATIONS. porated without the commonwealth for the purpose of establishing, own- ing or licensing others to use such telephones, apparatus or appliances, but having in use within it any of their lines or telephones, shall also state in their return, in such form as the tax commissioner may require, the facts necessary to ascertain the deductions authorized by the following section. Such domestic companies may annually, between the first and tenth days of [May,] April make a return to the tax commissioner, signed and sworn to by their president, treasurer and clerk, specifying the amount and market value of all stocks in other corporations held by them upon which a tax has been assessed and actually paid either in this or in any other state for the year preceding the date of said return; and the books, accounts and papers of such corporations shall be examined by the tax commissioner so far as may be necessary for the verification of said return. Other corporations required to make a return under the pro- visions of this section shall also state therein the amount, value and loca- tion of all works, structures, real estate, machinery, underground conduits, wires and pipes owned by them and subject to local taxation without the commonwealth. Such return shall be filed by the tax commissioner, and shall, in the case of said domestic business corporations, be open only to the inspection of the tax commissioner, his clerks and assistants, and such other officers of the commonwealth as may have occasion to inspect it for the purpose of assessing or collecting taxes. Acts of 1912, Chapter 124. An Act relative to Returns of Street Railway Companies filed in the Office of the Tax Commissioner. 1909,490, Clause Third of section forty of Part III of chapter four hundred and ci. 3, amended! ninety of the acts of the year nineteen hundred and nine is hereby amended by striking out the words "except as to street railway companies", in the first line, so that the first paragraph of the said clause will read as fol- lows: Third, And a complete list of the shareholders of the corporation, their residences, and the amount and class of stock, if more than one, belonging to each. If stock is held as collateral security, the list shall state the name and residence of the pledger and of the pledgee. [Approved February 20, 1912. Acts of 1912, Chapter 457. An Act relative to Tax Returns of Street Railway Companies. i9oe, 490, SECTION 1. The last paragraph of section forty of Part III of chapter amended! ' four hundred and ninety of the acts of the year nineteen hundred and nine, as amended by chapter three hundred and seventy-nine of the acts of the year nineteen hundred and eleven, is hereby further amended by striking out the words "thirtieth day of September", in the tenth line, and insert- ing in place thereof the words : thirty-first day of March, and also by striking out the words "such preceding thirtieth day of September", in the sixteenth and seventeenth lines, and inserting in place thereof the words : the thirtieth day of September preceding the return, so that the said paragraph will read as follows: [For paragraph as amended, see above.] Acts of 1909, Chapter 490, Part III, 41-43. VALUATION OF CORPORATE FRANCHISES. Valuation of SECTION 41. The tax commissioner shall ascertain from the returns fraTchfse 6 , etc. or otherwise the true market value of the shares of each corporation sub- ^ductixms. j ec;fc to ^he requirements of the preceding section, and shall estimate 5,' 6. " therefrom the fair cash value of all of said shares constituting its capital PART II. OF RAILROAD CORPORATIONS. 147 stock on the preceding first day of May, which, unless by the charter of i| 6 |. 283, a corporation a different method of ascertaining such value is provided, isso'.'m, 2. shall, for the purposes of this part, be taken as the true value of its cor- *j fg^o. porate franchise. From such value there shall be deducted: 1885/238, i. First, In case of a railroad corporation, or telegraph, street railway or i89s! 417! electric railroad company, whether chartered or organized in this com- ^'02,' 342, 3 f.' monwealth or elsewhere, so much of the value of its capital stock as is isoa', 437! 72. proportional to the length of that part of its line, if any, lying without Part'n., 212, the commonwealth; and also the value of its works, structures, real fi^ePsie, is. estate, machinery, underground conduits, wires and pipes, subject to 190 T;! 395 oq 1 local taxation within the commonwealth. 98 Mass! 19, Second, In case of such a domestic telephone company, the amount ^ Mass 184> and market value of all stock in other corporations held by it upon which 399. a tax has been paid in this or other states for the twelve months last pre- 137 Mass' to 8 ' ceding the date of the return; and in case of such a foreign telephone J^s Mass. 56 1. company, so much of the value of its capital stock as is proportional to u the number of telephones used or controlled by it or under any letters {52 Mass! 372! patent, owned or controlled by it without the commonwealth. In case J 5 . 7 , J ass - of a telephone company, whether chartered or organized in this com- 1 78 Mass! 469'. monwealth or elsewhere, the value of its works, structures, real estate, Ti^Mall'.^' machinery, underground conduits, wires and pipes, subject to local taxa- jjL ;59 ' 160> tion within the commonwealth. i6s' u. s. i. Third, In case of a domestic business corporation, the value of the Amended. See works, structures, real estate, machinery, poles, underground conduits, j^- 1' and wires and pipes owned by it within the commonwealth subject to local taxation, and of securities which if owned by a natural person resident in this commonwealth would not be liable to taxation; also the value of its property situated in another state or country and subject to taxation therein; but the tax commissioner in determining for the purposes of taxation the value of the corporate franchise of any such corporation shall not take into consideration any debts of such corporation unless the returns required from it contain a statement duly signed and sworn to, setting forth that no part of such debts was incurred for the purpose of reducing the amount of taxes to be paid by it. Fourth, In case of corporations subject to the requirements of the pre- ceding section, other than railroad corporations, telegraph, telephone, street railway and electric railroad companies, whether chartered or or- ganized in this commonwealth or elsewhere, and of domestic business corporations, the value as found by the tax commissioner of their works, structures, real estate, machinery, underground conduits, wires and pipes, subject to local taxation wherever situated. For the purposes of this section the tax commissioner may take the value at which such works, structures, real estate, machinery, poles, underground conduits, wires and pipes are assessed at the place where they are located as the true value, but such local assessment shall not be conclusive of the true value thereof. SECTION 42. The tax commissioner may require a corporation to Corporation prosecute an appeal from the valuation of its works, structures, real i c tF^a1uat?on, estate, machinery, poles, underground conduits, wires and pipes by the w ^f?- 28S assessors of a city or town, either to the county commissioners or to the p. 8/18, 1 41. superior court, whose decision shall be conclusive upon the question of J||^| \ 2 ^ 7 ' 5 7 - value. Upon such an appeal the tax commissioner may be heard, and R. L- 14, 39. in the superior court costs may be awarded as justice requires. 1903! 437,' 73. 1906, 463, Part II., 213, Part III., 127; 516, 16. SECTION 43. Every corporation subject to the provisions of section Tax to be paid forty shall annually pay a tax upon its corporate franchise, after mak- $%%?** 148 PART II. OF RAILROAD CORPORATIONS. Rate, how determined. 1864, 208, 5. 1865. 283, 5. 1880, 117, 2. P. S. 13, 40. 1885, 238, 1. 1886, 270. 1888, 413, 24. 1898, 417. R. L. 14, 40. 1903,437, 74. 1904,261, 1. 1906,271. |9, 12; 463, Part II., 214, Part III., 128; 516, 17. 12 Allen, 75. 298. 98 Mass. 19, 25. 99 Mass. 146, 151. 105 Mass. 527. 135 Mass. 569. 137 Mass. 80. 139 Mass. 561. 146 Mass. 408. 157 Mass. 70. 167 Mass. 522. 179 Mass. 15. 192 Mass. 129. 195 Mass. 385, 528. 6 Wallace, 632. 178 U. S. 120. 207 Mass. 386, 582. 212 Mass. 40, 42, 159,161. ing the deductions provided for in section forty-one, at a rate equal to the average of the annual rates for three years preceding that in which such assessment is laid, the annual rate to be determined by an appor- tionment of the whole amount of money to be raised by taxation upon property in the commonwealth during the same year, as returned by the assessors of the several cities and towns under the provisions of section ninety-three of Part I, after deducting therefrom the amount of tax assessed upon polls for the preceding year, as certified to the tax commis- sioner, upon the aggregate valuation of all cities and towns for the pre- ceding year, as returned under sections fifty-nine and sixty of Part I; but the said tax upon the value of the corporate franchise of a domestic business corporation, after making the deductions provided for in section forty-one, shah 1 not exceed a tax levied at the rate aforesaid upon an amount, less said deductions, twenty per cent in excess of the value, as found by the tax commissioner, of the works, structures, real estate, machinery, underground conduits, wires and pipes, and merchandise, and of securities which if owned by a natural person resident in this common- wealth would be liable to taxation; and the total amount of tax to be paid by such corporation in any year upon its property locally taxed in this commonwealth and upon the value of its corporate franchise shall amount to not less than one tenth of one per cent of the market value of its capital stock at the time of said assessment as found by the tax com- missioner. If the return from any city or town is not received prior to the twentieth day of August, the amount raised by taxation in said city or town for the preceding year, as certified to the secretary of the com- monwealth, may be adopted for the purpose of this determination. Taxation of express com- panies, annual return to tax commissioner. 1907, 586, 1. 1908, 194, 1,3. 212 Mass. 40, Acts of 1909, Chapter 490, Part III, 72-79. EXPRESS COMPANIES. SECTION 72. Every person, company, partnership or association doing an express business on any railroad, railway, steamboat or vessel in the commonwealth, shall annually, between the first and tenth days of May, make a return to the tax commissioner, signed and sworn to, in the case of a corporation or association by its treasurer or other financial officer, in the case of a partnership by a member of the firm, and in the case of an individual by the person carrying on the business, stating the name of the person, company, partnership or association, and setting forth as of the first day of May in the year in which the return is made : First. The total amount of the outstanding capital of the person, com- pany, partnership or association; the classes of stock, if any, into which it is divided; the par value and number of the shares; the market value of its shares and of each class thereof, if there are two or more classes. Second. The amount and par and market value of all bonds issued by such person, company, partnership or association, together with the amount of the unfunded debt, if any, and such analysis as the tax com- missioner may require of the purposes for which said unfunded debt was incurred. Third. A statement in such detail as the tax commissioner may require of the real estate, machinery, merchandise and other property belonging to the person, company, partnership or association, together with the location and value thereof and the amount of taxes paid thereon to the various cities and towns in the commonwealth for the twelve months preceding said first day of May; also the gross earnings within the com- monwealth, and the total gross earnings for the twelve months preceding said first day of May, and securities not liable to taxation, with the value PAKT II. OF RAILROAD CORPORATIONS. 149 thereof. Such return shall be filed with the tax commissioner, and shall be open only to the inspection of the tax commissioner, his clerks and assistants, and such other officers of the commonwealth as may have occasion to inspect it for the purpose of assessing or of collecting taxes. SECTION 73. If such person, company, partnership or association fails Notice of fail- to file said return before the tenth day of May of each year, the tax com- " e r t e u * make missioner shall give notice by mail, postage prepaid, to such person, Penalty, company, partnership or association of the default. If the return is not ' ' filed within thirty days after such notice of default has been given, the party in default shall forfeit to the commonwealth not less than five nor more than ten dollars for each day for fifteen days after the expiration of the said thirty days, and not less than ten nor more than two hun- dred dollars for each day thereafter during which such default continues. SECTION 74. Penalties or forfeitures incurred by failure to comply Forfeitures, with the provisions of the preceding sections may be recovered in an 1907 I^Ta 1 " action brought in the county of Suffolk in the name of the commonwealth, or may be recovered by an information in equity in the name of the attorney-general, at the relation of the tax commissioner, brought in the supreme judicial court in the county of Suffolk. Upon such information, the court may issue an injunction restraining the further prosecution of the business of the person, company, partnership or association named therein until such penalties or forfeitures, with interest and costs, have been paid, and until the return required by section seventy-two has been filed. SECTION 75. The tax commissioner shall ascertain from the returns or Tax com- otherwise the true market value of the shares and bonds of every such esttma'teVaiue person, company, partnership or association, and such part of the un- ^L^ p ^- funded debt as he may determine to have been incurred for the purposes of construction or permanent equipment or improvement, and shall esti- mate therefrom the fair cash value of all the said shares, bonds and unfunded debt as herein specified, constituting its capital on the preced- ing first day of May. SECTION 76. The tax commissioner shall thereupon in each year levy Excise tax. an excise tax upon every such person, company, partnership or associa- i907 le 586 d 5 tion, upon the fair cash value of such proportion of his or its capital, % 12 Mass. 40. bonds and unfunded debt determined as above, after deducting there- from the value of the real estate, machinery, merchandise and other property belonging to the person, company, partnership or association, within the commonwealth and subject to taxation in the various cities and towns thereof, together with the value of securities owned by him or it and not liable to local taxation, as the gross earnings of the said person, company, partnership or association within the state, bear to his or its total gross earnings, at a rate equal to the average of the annual rates for the three years preceding that in which the assessment is made, the annual rate to be determined by an apportionment of the whole amount of money to be raised by taxation upon property in the com- monwealth during the same year as returned by the assessors of the sev- eral cities and towns under the provisions of section ninety-three of Part I, after deducting therefrom the tax assessed upon polls for the preceding year, as certified to the secretary of the commonwealth, upon the aggre- gate valuation of all cities and towns for the preceding year as returned under sections fifty-nine and sixty of Part I. For the purposes of this section the tax commissioner may take the value at which the real estate, machinery, merchandise and other prop- erty are assessed at the place where they are located as the true value, but such local assessment shall not be conclusive of the true value thereof. The tax commissioner may require the person, company, partnership or 150 PART II. OF RAILROAD CORPORATIONS. Notice to be given of amount of tax. 1907, 586, 6. Assessors to make return to tax commis- sioner. 1907, 586, 7. To submit books to in- spection and officers to ex- amination. 1908, 194, 2. association to prosecute an appeal from the valuation of the real estate, machinery, merchandise or other property by the assessors of the city or town either to the county commissioners or to the superior court, whose decision shall be conclusive upon the question of value. Upon such appeal the tax commissioner may be heard, and in the superior court costs may be awarded as justice requires. SECTION 77. The tax commissioner shall annually, as soon as may be after the first Monday of August, give notice to every such person and to the treasurer of every such company, partnership or association which is liable to taxation under the provisions of the preceding section of the amount thereof; that it will be due and payable to the treasurer and receiver general within thirty days after the date of such notice, but not before the twentieth day of October ; and that, within ten days after the date of such notice, the person, company, partnership or association may apply for a correction of said tax and be heard thereon by the board of appeal authorized by the provisions of section sixty-eight of this part. SECTION 78. Assessors shall annually on or before the first Monday in August return to the tax commissioner a list of the real estate, mer- chandise and other property of the persons, concerns or companies doing an express business as aforesaid, and in such form and detail as the tax commissioner may require, with the value thereof on the first day of May preceding and the amount at which the same are assessed in said city or town for the year then current. If the assessors neglect to comply with the requirements of this section, each assessor so neglecting shall forfeit one hundred dollars. SECTION 79. Every person, partnership, association or domestic cor- poration which is subject to taxation under the provisions of section seventy-six shall, when so required, submit its books to the inspection of the tax commissioner, and its treasurer, directors or other officers to examination on oath relative to all matters affecting the determinations to be made by said commissioner. Action against owner of rail- road for labor and materials. 1873, 353, 1. P.S. 112, 143. R. L. Ill, 164. 115 Mass. 580. 121 Mass. 510. 804 Mass. 507. Contractor not to have such action. 1873, 353, 2. P.S. 112, 144 Statement of amount of debt to be filed. 1873, 353, 3. P.S. 112, 145. R. L. Ill, 166. 127 Mass. 101. S04 Mass. 607. LIENS FOR LABOR AND MATERIALS. SECTION 218. A person to whom a debt is due for labor per- formed or for materials furnished and actually used in con- structing a railroad under a contract with a person other than the railroad corporation, who has authority from or is rightfully acting for such corporation in furnishing such labor or ma- terials shall have a right of action against such corporation to recover such debt with costs, except as provided in the four following sections. SECTION 219. A person who has contracted to construct the whole or a specified part of such railroad shall not have such right of action. ' R- L- m, 165. 204 Mass. em. SECTION 220. A person shall not have such right of action for labor performed, unless, within thirty days after ceasing to perform it, he files in the office of the clerk of a city or town in which any of said labor was performed a written statement, under oath, of the amount of the debt so due to him and of the name of the person or persons for whom and by whose employ- ment the labor was performed. Such right of action shall not be lost by a mistake in stating the amount due; but the claim- PART II. OF RAILROAD CORPORATIONS. 151 ant shall not recover as damages a larger amount than is named in said statement as due to him, with interest thereon. SECTION 221. A person shall not have such right of action Notice of in- for materials furnished, unless, before beginning to furnish fi1ed! n to be them, he files in the office of the clerk of the city or town in jp 8 s 3 'n| 3 '^it 6 which any of the materials were furnished a written notice of SJjhJ 11 ' 1 *^' ... . , . i i i -111. ""* Mass. 507. his intention to claim such right, in the manner provided for filing the statement named in the preceding section. SECTION 222. Such action shall not be maintained unless it Limitation of is begun within sixty days after the plaintiff ceased to perform isVTass, 5. such labor or to furnish such materials. F'i47. 112 ' R. L. Ill, 168. 127 Mass. 101. 204 Mass. 607. CHANGE OF NAME. SECTION 223. Upon the application of any railroad corpora- Change of tion, authorized by a vote of two thirds of the stockholders isgTTseo, present and voting at a meeting called for the purpose, the ilgi'.tal', 201. board of railroad commissioners may, after public notice and }f|f $* 9 a hearing, authorize such corporation to change its name. | 8 | 9 ' 164 ; 442 1901, 422, 9. R. L. 109, 9. SECTION 224. A certified copy of such authorization and a certificate certificate of the vote of the corporation, signed and sworn to fiiedwith by the president, treasurer and a majority of the directors, shall HgT^teo. be filed in the office of the secretary of the commonwealth. R. L. 6 io9. 10. The board of railroad commissioners shall require public notice to be given of the change so authorized; and upon receipt of proof thereof the secretary of the commonwealth may grant a certificate of the name which the corporation shall bear, which, subject to the provisions of section fourteen, shall thereafter be its legal name. SECTION 225. A railroad corporation shall have the same Rights and rights, powers and privileges, and be subject to the same duties, under^w obligations and liabilities, under its new name as before its ifgit'seo, 4. name was changed, and may sue and be sued by its new name; R - L 109> * 11- but any action brought against it by its former name shall not be defeated on that account, and, on motion of either party, the new name may be substituted therefor. DISSOLUTION. SECTION 226. If a majority in interest of the stockholders Dissolution of of a railroad corporation desire to close its affairs, they may file i852? r 55! ns a petition therefor in the supreme judicial court or the superior ^ s. 68, 35. court, setting forth in substance the grounds of their applica- ^ |- \^' | ^ tion, and the court, after notice to parties interested and a hear- ^ ray> 119 - ing, may decree a dissolution of said corporation. A corpora- 9 Gray, 34. - ,. , , , n i i i i , i , . .. 13 Allen, 497. tion so dissolved shall be held to be extinct in all respects as if 99 Mass. 267. its corporate existence had expired by its own limitation. SECTION 227. Every railroad corporation whose charter ex- Continuation pires by its own limitation or is annulled by forfeiture or to^iosTcon- 1 otherwise, or whose corporate existence for other purposes is iI r i9 S ,'43. 152 PART II. OF RAILROAD CORPORATIONS. R. s. 44, 7. terminated in any other manner, shall nevertheless be continued p'.s. ID'S, 41. as a body corporate for three years after the time when it would 16 Masa^fs? 3 ' have been so dissolved, for the purpose of prosecuting and de- ll Pick'. 345'. fending suits by or against it, and of enabling it gradually to i6i Mass' 443 settle and close its affairs, to dispose of and convey its prop- See 1910, 187. erty, and to divide its capital stock, but not for the purpose of continuing the business for which it was established. ?8 e 33, iv i45.' SECTION 228. If the charter of a railroad corporation ex- i852 4 55 |l 9 ' pi res > or i g annulled, or if the corporation is dissolved as pro- G. s.' 6s', 37, vided in section two hundred and twenty-six, or if its corporate p. s. 105, 42, existence for other purposes is terminated in any other manner, 1884,203. the supreme judicial court or the superior court, upon applica- i57 L Mas8.' Ii 54 " tion of a creditor or stockholder, shall have jurisdiction in See 1910, 187. e q u ity to appoint one or more receivers to take charge of its estate and effects, and to collect the debts and property due and belonging to it; with power to prosecute and defend suits in its name or otherwise, to appoint agents under them, and to do all other acts which might be done by such corporation, if in being, which may be necessary for the final settlement of its unfin- ished business. The powers of such receivers may be continued as long as the court finds necessary for said purposes. to pay debts SECTION 229. The receivers shall pay all debts due from surplus. the corporation, if the funds in their hands are sufficient there- R. s!44,iio. for; and if they are not, they shall distribute them ratably a 5 !.' Is,' 39. among the creditors who prove their debts in the manner di- R I 109! 1 It; re cted by any decree of the court for that purpose. If there is \Gray, 382. a balance remaining after the payment of the debts, the re- ceivers shall distribute and pay it to those who are justly en- titled thereto as having been stockholders of the corporation, or their legal representatives. surrender of SECTION 230. If a petition, signed and sworn to by a ma- inooipontion. iority in interest of the stockholders of a railroad corporation R 9 L. 109, 56. organized under the general laws, has, with the certificate of incorporation, been filed in the office of the secretary of the commonwealth, stating that such stockholders desire to sur- render the certificate of incorporation and to have the corpora- tion dissolved and giving their reasons therefor, the secretary, if he considers such reasons sufficient, shall require the peti- tioners to publish a notice in one or more newspapers in the county in which the principal office of the corporation is located, that, for reasons which appear to him to be sufficient, the cer- tificate of incorporation of the corporation therein named is annulled. Upon the filing by the petitioner with the secretary of a copy of each newspaper in which the notice of dissolution was ordered to be published, the corporation shall be dissolved, subject to the provisions of the three preceding sections. Scretary'tf SECTION 231. If a railroad corporation is dissolved, the dissolution. clerk of the court in which the decree for dissolution is entered p. s.' 105, 45. shall forthwith make return thereof to the secretary of the com- monwealth, giving the name of the corporation dissolved, and the date upon which such decree was entered. PART II. OF RAILROAD CORPORATIONS. 153 OFFENCES AND PENALTIES. SECTION 232. Whoever without right knowingly stands or walking on walks on a railroad track shall forfeit not less than five nor isss/414, 4. more than fifty dollars. P- s. 112, 195. R. L. in, 249. 142 Masa. soo. % 7 f; 3 6 7 \| Jf; SECTION 233. Whoever without right loiters or remains Loitering in within a station house of a railroad corporation, or of the Bos- i8 a 74372. ton Terminal Company, or upon the platform or grounds adja- fg^'igo cent to such station, after being requested to leave the same by |* m ', 196 a police officer or by a railroad police officer, shall forfeit not R.L. 111,1250! less than two nor more than twenty dollars. SECTION 234. Whoever, without right, rides or attempts to Unlawful ride upon a locomotive engine, tender, freight car, caboose, or focomJtfv ^ other conveyance not a part of a passenger train, upon a rail- 1905, 208. road or upon the property of the Boston Terminal Company, f^liss [after being requested to leave the same by an employee of the railroad or of said Boston Terminal Company, or by a police officer,] shall be punished by a fine of not more than fifty dol- lars or imprisonment for not more than six months. A sheriff, deputy sheriff, constable, police officer, railroad police officer, or officer appointed with the powers of a railroad police officer, upon view of such an offence, may, without warrant, arrest the offender and make complaint against him therefor. Acts of 1909, Chapter 233. An Act further to prohibit Unauthorized Persons from Riding upon a Railroad or upon the Property of the Boston Terminal Company. SECTION 1. Section two hundred and thirty-four of chapter four hun- 1906, 463, dred and sixty-three, Part II, of the acts of the year nineteen hundred and amended 5 23 *' six prohibiting unauthorized persons from riding upon a railroad or upon the property of the Boston Terminal Company, is hereby amended by striking out the words, "after being requested to leave the same by an employee of the railroad or of said Boston Terminal Company, or by a police officer", in the fifth, sixth and seventh lines, so as to read as follows: Section 234- [For 234 as amended, see above.] SECTION 2. This act shall not apply to employees while in the dis- Not apply to charge of their duties.' [Approved March 81, 1909. SECTION 235. Whoever, without the consent of a railroad ^^f corporation, or its agent, rides, drives, or leads a horse, or other onr?fiirold. beast, on the railroad opened for use of such corporation, ex- G! s'. 63, 103. cept in the proper use of a highway or other way, or of a trav- 8 /5i 37i elled place at a crossing of such railroad therewith upon the R.Lii same level, shall forfeit not more than one hundred dollars for each offence, and be liable for any damage which results there- from. SECTION 236. The person through whose fault or negligence Negligence in a horse or other beast goes at large within the limits of a rail- baupon road opened for use, shall forfeit not more than twenty dollars R" g3g 86 for each offence, and be liable for any damage which results ^ 7 |- 1^ 104. therefrom. P- s. 112. 199. R. L. 111, 253. 152. 154 PART II. OF RAILROAD CORPORATIONS. Neglect to close gates at private cross- ing. 1862, 123. 1874, 372, 183. P. S. 112, R.L.lll, Malicious injury to rail- road, etc. R. S. 39, < G. S. 63, 1874, 372, 154. P. S. 112, R.L.lll, 200. 254. 77. 105. 201. 255. 202 Mass. 396. SECTION 237. Whoever enters upon or crosses a railroad at a private way which is closed by gates or bars, and neglects to close them securely, shall forfeit not less than two nor more than ten dollars for each offence, and be liable for any damage which results therefrom. SECTION 238. Whoever maliciously injures a railroad, or anything pertaining thereto, or any materials or implements for the construction or use thereof, or aids or abets in such tres- pass, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in jail for not more than one year, or by both such fine and imprisonment, and shall for each offence forfeit to the use of the corporation treble the amount of damages which it has sustained thereby. Expectoration in certain public places prohibited. Amended, 1907, 410. Penalty. Amended, 1907, 410. See below. 1906, 165, 1, amended. Expectoration in certain public places prohibited. Superseded, 1908, 150. Acts of 1906, Chapter 165. An Act to prohibit Expectoration in Certain Public Places and Conveyances. [SECTION 1. No person shall expectorate or spit on any public side- walk, or, except in receptacles provided for the purpose, upon the floor in any city or town hall, in any court house or court room, in any public library or museum, in any church or theatre, in any lecture or music hall, in any ferry boat or steamboat, in any railroad car, except a smok- ing car, in any railway car, in any railroad or railway station or waiting room or on any sidewalk or platform connected therewith.] SECTION 2. Whoever violates any provision of this act shall be punished by a fine of not more than twenty-dollars. [Approved March 16, 1906. Acts of 1907, Chapter 410 An Act further to prohibit Expectoration in Certain Public Places and Conveyances. [SECTION 1. Chapter one hundred and sixty-five of the acts of the year nineteen hundred and six is hereby amended by striking out section one and inserting in place thereof the following : Section 1 . No person shall expectorate or spit upon any public sidewalk, or upon any place used exclusively or principally by pedestrians, or, except in receptacles provided for the purpose, upon the floor in any city or town hall, in any court house or court room, in any public library or museum, in any church or theatre, in any lecture or music hall, in any mill or factory, in any hall of any tenement building occupied by five or more families, in any school building, in any ferry boat or steamboat, in any railroad car, except a smoking car, in any elevated railroad car, except a smoking car, in any street railway car, in any railroad or railway station or waiting room or on any sidewalk or platform connected therewith.! Section 1. No person shall expectorate or spit upon any public sidewalk or upon any place used exclusively or principally by pedestrians, or, except in receptacles provided for the purpose, in or upon any part of any city or town hall, any court house or court room, any public library or museum, any church or theatre, any lecture or music hall, any mill or factory, any hall of any tenement building occupied by jive or more families, any school build- ing, any ferryboat or steamboat, any railroad car, except a smoking car, any elevated railroad car, except a smoking car, any street railway car, any railroad or railway station or waiting room, or on any track, platform or sidewalk connected therewith, and included within the limits thereof. PART II. OF RAILROAD CORPORATIONS. 155 SECTION 2. Section two of said chapter one hundred and sixty-five is IQOG, 165, 2, hereby amended by adding at the end thereof the words : Any person penalty?' detected in the act of violating any provision of this act may be arrested arrest, com- by any officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court which has jurisdiction of such offence; and if his name is unknown to the officer who makes the arrest, he may be arrested without a war- rant, so as to read as follows : Section 2. Whoever violates any pro- visions of this act shall be punished by a fine of not more than twenty dollars. Any person detected in the act of violating any provision of this act may be arrested by any officer authorized to serve criminal proc- ess in the place where the offence is committed and kept in custody until he can be taken before a court which has jurisdiction of such offence; and if his name is unknown to the officer who makes the arrest, he may be arrested without a warrant. SECTION 3. This act shall take effect upon its passage. [Approved May 14, 1907. Acts of 1908. Chapter 150. An Act further to prohibit Expectoration in Certain Public Places and Conveyances. Section one of chapter one hundred and sixty-five of the acts of the isoe, 165, year nineteen hundred and six, as amended by section one of chapter amended' 41 ' four hundred and ten of the acts of the year nineteen hundred and seven, is hereby further amended by striking out the said section and inserting in place thereof the following: Section 1. [For 1 as amended, see above.] SECTION 239. Whoever wilfully obstructs, or aids or abets obstructing in obstructing, or wilfully does or causes to be done anything etc 8 "" with the intent to obstruct, the passing of an engine or car upon f 8 ' 5 |; 44' 77- a railroad, or wilfully endangers, or aids or abets in endanger- ij 5 ! 2 ^ 186 ' ing, or wilfully does or causes to be done anything with the <^ 6 S ^ ^g 05 - intent to endanger, the safety of persons conveyed in or 1874,372, upon the same, shall be punished by a fine of not more than one ise. 157. thousand dollars, or by imprisonment in the state prison for f loi, 12 ^, not more than twenty years, or by both such fine and imprison- iggbfm. ment, and shall for each offence forfeit to the use of the cor- fj 255* 256 poration treble the amount of damages which it has sustained sS'JJP 8 - , . 109 Mass. 345. thereby. 105 Mass. 53. 202 Mass. 390. SECTION 240. Whoever wilfully and maliciously stops a wiifuiiy stop- train on a railroad or causes it to be stopped for the purpose of 1879*177! entering, leaving or wantonly delaying the same shall be pun- R.L.in'Jlsi; ished by a fine of not more than one hundred dollars or by im- 12^ 1*- 3 J; ** ZU& iuuoo. d&O . pnsonment for not more than one month. SECTION 241. Whoever unlawfully uses, removes or tampers Tampering with any tools or appliances carried on the cars of a railroad issa, M, 1 2. corporation as required by section one hundred and sixty-eight R - L - 1U ' 2 shall be punished by a fine of not more than one hundred dol- lars, or by imprisonment for not more than three months, or by both such fine and imprisonment. 156 PART II. OF RAILROAD CORPORATIONS. Penalty for gaming in rail- road car etc. 1869, 382. P. S. 99, 4. Revised Laws, Chapter 214, 2. SECTION 2. Whoever, in a railroad car, steamboat or other public conveyance, plays at cards, dice or any other game for money or other property, or bets on the sides or hands of those playing, shall for each offence forfeit not more than fifty dollars or be imprisoned for not more than three months. If he is discovered in the act, he may be arrested without a warrant by a sheriff, deputy sheriff, constable or other civil officer, and held in custody, in jail or otherwise, for not more than twenty- four hours, until complaint is made against him for such offence. Disorderly conduct in public conveyances. 1883, 102. Revised Laws, Chapter 212, 35. SECTION 35. Whoever, in or upon a railroad carriage, steamboat or other public conveyance, is disorderly, or disturbs or annoys travellers in or upon the same by profane, obscene or indecent language, or by in- decent behavior, shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars. Revised Laws, Chapter 208, 19. SECTION 19. Whoever breaks and enters, or enters in the night time without breaking, a railroad car, with intent to commit a felony, shall 158. be punished by imprisonment in the state prison for not more than ten s. 203, 14. y ears or by a fine of not more than five hundred dollars and imprison- ment in the house of correction for not more than two years. load car, etc. 1874 70* 372 ' Marking of torpedoes, etc. Acts of 1908, Chapter 495. An Act relative to the Use of Torpedoes and Other Explosives by Railroad and Railway Corporations. SECTION 1. It shall be unlawful for a railroad or railway corporation and for any officer or employee thereof to use or deposit a torpedo or other explosive upon or near the tracks of any railroad or railway for the purpose of signalling or otherwise, unless there is plainly and con- spicuously stamped or otherwise permanently marked thereon in a man- ner approved by the board of railroad commissioners a word or words indicating that such torpedo or other explosive is dangerous. SECTION 2. This act shall take effect on the first day of October in the year nineteen hundred and eight. [Approved May 5, 1908. Liability to town for per- sonal injury. 1874, 372, 160. P. S.I 12, 209. R.L. 111,264. Penalty on engineer, etc., for negligence. 1837, 226, 7. G. S. 63, 95. 1874, 372, 161. P. S. 112, 210. R.L. 111,1265. ACCIDENTS. SECTION 242. If, upon the trial of an action against a city or town, the plaintiff recovers damages for an injury to his person or property which was caused by reason of a defect in a highway, within the location of a railroad, and if the corpora- tion which owns the railroad is liable for such damages, and has had reasonable notice to defend the action, the city or town may recover such damages and the costs of both plaintiff and defendant in the action from the corporation. SECTION 243. If an engineer, fireman or other agent of a railroad corporation is guilty of negligence whereby an injury is done to a person or corporation, he shall be punished by a fine of not more than one thousand dollars, or by imprison- ment for not more than twelve months. PART II. OF RAILROAD CORPORATIONS. 157 SECTION 244. Whoever, having the management of or con- Penalty for trol of a railroad train while being used for the common car- m mana|emen^ riage of persons, is guilty of gross negligence in or in relation ilss^Tis. to the management or control thereof, shall be punished by a ^ 7 |; gf^ 5 96 - fine of not more than five thousand dollars or by imprisonment f, 1 ^^ 2 ii for not more than three years. R.L. m', 266. SECTION 245. If a person is injured in his person or prop- Liability for erty by collision with the engines or cars of a railroad corpora- ca^oTco 1 " tion at a crossing such as is described in section one hundred cSngsf etc. 6 and forty-seven, and it appears that the corporation neglected If^'lff; to give the signals required by said section, and that such neg- f^*- 199 lect contributed to the injury, the corporation shall be liable 2i5>6 ' S23 for all damages caused by the collision, or to a fine recoverable R.L.'ni,'|26t! by indictment as provided in section sixty-three of Part I, or, \$l MalS; el 2 ' if the life of a person so injured is lost, to damages recoverable |f| ^al^ m in an action of tort, as provided in said section, unless it is i45' Mass 2 se shown that, in addition to a mere want of ordinary care, the } 46 M ass - ^i- j XL Li-JL f ^ 154 Mass. 402. person injured or the person who had charge of his person or 159 Mass. 493. ,1 f; ,, i,. . .,, f 163 Mass. 132. property was, at the time or the collision, guilty or gross or 172 Mass. 98. wilful negligence, or was acting in violation of the law, and \H ^ass! 474! that such gross or wilful negligence or unlawful act contributed to the injury. soo Mass. is. nos MOSS. 455, 403. 347. 208 Mass. 140, 156, 157, 456. S10 Mass. 179, 43, 305, 307. 209 Mass. 496. SIS Mass. 599. Revised Laws, Chapter 51, 22. SECTION 22. A defendant shall not avail himself in defence of any Correction of omission to state in such notice the time, place or cause of the injury or ^^8^ damage, unless, within five days after receipt of a notice, given within 1894, 389. the time required by law and by an authorized person referring to the jgos, sos'. "' injuries sustained and claiming damages therefor, the person receiving such notice, or some person in his behalf, notifies in writing the person injured, his executor or administrator, or the person giving or serving such notice in his behalf, that his notice is insufficient and requests forth- with a written notice in compliance with law. If the person authorized to give such notice, within five days after the receipt of such request, gives a written notice complying with the law -as to the time, place and cause of the injury or damage, such notice shall have the effect of the original notice, and shall be considered a part thereof. SECTION 246. A railroad corporation shall not be liable to Non-Habiiity any person for personal injuries which may be caused by the Ixprewmen. acts or omissions of any persons or companies who do an ex- R 89 L.' m^eb press business over its railroad or of their servants or agents. 17 Mass - 464 - See R. L. 70, 8. SOI Mass. 579 SECTION 247. Every railroad corporation shall be liable in LOSS by fire damages to a person or corporation whose buildings or other engine. by property may be injured by fire communicated by its locomo- fi^'fo 6 ' tive engines, and shall have an insurable interest in the prop- i 840 ,- ?5- f *, p i i i -i i T i i i G. . 63, 101. erty upon its route lor which it may be so held liable, and may isw, 229, 34 procure insurance thereon in its own behalf. If it is held liable 1374! 372', in damages, it shall be entitled to the benefit of any insurance p. s. 112, 214. effected upon such property by the owner thereof, less the cost R 8 L 'm% 270. 158 PART II. OF RAILROAD CORPORATIONS. 13 Met. 99. of premium and expense of recovery. The money received as 16 Gray, 7i. insurance shall be deducted from the damages, if recovered 6 Alien! 87. ' before they are assessed; and if not so recovered, the policy of 9s A Ma n s's. 4 4i4. insurance shall be assigned to the corporation which is held toi'Mass 583 na ble in damages, and it may maintain an action thereon. 118 Mass. 543. 169 Mass. 398. 181 Mass. 551. ' 211 Mass. 650. 121 Mass. 134. 171 Mass. 245. 184 Mass. 150. SIS Mass. 10. 145 Mass. 129. 179 Mass. 524. 165 U. S. 1. See 1907, 431. Acts of 1907, Chapter 431. An Act to provide for the Better Protection from Fire of Woodlands adjoin- ing Railroads. festers'for SECTION 1. Every corporation operating a steam railroad within this locomotives. commonwealth shall, subject to the approval of the board of railroad commissioners, install and maintain a spark-arrester on every engine in its service in which wood, coke or coal is used as fuel, and shall, between ciearedof dry be * ne first day of April and the first day of December in each year, keep leaves, etc. the full width of all of its locations over which such engines are operated, to a point two hundred feet distant from the centre line on each side thereof, clear of dead leaves, dead grass, dry brush or other inflammable material, and shall not at any time leave any deposit of fire, hot ashes or live coals upon its locations in the immediate vicinity of woodlands or grass lands, and shall post in stations and other conspicuous places within its location and right of way such notices and warning placards as are /5o,9 S "ssT furnished to it for the purpose by the state forester: provided, that noth- i9io, 398. ing in this section shall be construed to prohibit any railroad corporation from piling or keeping upon its location or right of way cross-ties or other material necessary for the maintenance and operation of its railroad. ma J te^eared SECTION 2. Any railroad corporation may, upon giving notice ac- notice. ' cording to the provisions of this section, enter upon unimproved land adjoining any location or right of way upon which it operates engines burning wood, coke or coal, and may there at its own expense and sub- ject to the direction of the forest fireward, or the officer or board having his powers, in the city or town in which the land is situated, clear such land of dead leaves, dead grass and dead wood to a distance of one hun- dred feet from the tracks, without thereby becoming liable for trespass: provided, that no railroad corporation shall, under the provisions of this section, do any acts on unimproved land outside its location or right of way, unless it has within two months given fourteen days' notice in writing by mail or otherwise to the occupant of the land, and to the owner thereof, if he resides or has a usual place of business in the city or town in which it is situated, and if the land is unoccupied and the owner does not reside or have a usual place of business in the city or town, then, unless the railroad corporation has within two months published notice of its purpose once in three successive weeks in a newspaper published in the county in which the land is situated, and unless it has within three days given at least twenty-four hours' notice to the forest fireward, or the officer or board having his powers, in the city or town in which the land is situated of the location of the land which it intends to enter under the provisions of this section, and of the time at which it intends to enter the same, and provided further, that no notice hereby required shall be valid unless it sets forth the provisions of this section. no r !ce igna1 ' SECTION 3. Any engineer, conductor or other employee on a train 1906, 463, who discovers a fire burning uncontrolled on lands adjacent to the tracks notaffected. 48 ' sna ^ forthwith cause a fire signal to be sounded from the engine, which shall consist of one long and three short whistle blasts repeated several PART II. OF RAILROAD CORPORATIONS. 159 times, and shall notify the next sectionmen whom the train passes, and the next telegraph station, of the existence and location of the fire. The provisions of this section shall not affect the authority conferred upon the board of railroad commissioners by the provisions of section one hun- dred and forty-eight of Part II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six. SECTION 4. Sectionmen or other employees of a railroad corporation Extinguishing who receive notice of the existence and location of a fire burning on land Lpioyees. adjacent to the tracks shall forthwith proceed to the fire and shall use all reasonable efforts to extinguish it : provided, that they are not at the time employed in labors immediately necessary to the safety of tracks or to the safety and convenience of passengers and the public. SECTION 5. Railroad corporations shall inform their employees as to Facilities, etc. their duties under this act and shall furnish them with the appropriate facilities for reporting and extinguishing such fires. SECTION 6. Nothing in this act shall be construed to give any rail- Parks, etc., .,..,, , exempted. road corporation power to enter upon, or to interfere in the management or care of, any public park or reservation. SECTION 7. This act shall take effect sixty days after its passage. [Approved May 17, 1907. Acts of 1909, Chapter 394. An Act relative to the Liability for the Extinguishment of Forest Fires. SECTION 1. Any railroad corporation which, by its servants or agents, Liability for negligently, or in violation of law, sets fire to grass lands or forest lands of fores^fires. 11 * shall be liable to any city or town in which such fire occurs, for the rea- sonable and lawful expense incurred by such city or town in the extin- guishment of the fire. SECTION 2. Cities and towns may recover sums to which they are cities and entitled under the provisions of this act by an action of contract in the recover?etc. superior court. [Approved May 14, 1909. BOOKS AND RETURNS. SECTION 248. A railroad corporation shall keep its books Books, ac- and accounts in the manner prescribed by the board of railroad n ^i ret^ns* n " commissioners, and shall at all times submit its books to the 1337; liens', inspection of said board or of any committee of the general j|^- 1|- $ 2. court which may be authorized to inspect them; and the direc- If*?-} 9 * 1 tors shall annually, on or before the first Wednesday of Sep- issi. 102, i. tember, transmit to the said board a report of their doings for isse! IGS! the year ending on the thirtieth day of June preceding, which jtsMo', fl! shall be called the annual return and which shall be sworn to by ^ 85 |- |f 8 them and by the treasurer and the chief accounting officer of ILlf 2 ]^ 4 ' the corporation. Such return shall state whether any fatal ac- i.'z. . . , J , , 1863, 224, 1. cident or serious injury has occurred to a passenger or other 1864, 167, 4. person upon the railroad during the year, and, if so, the cause mo; so?', i; of such accident or injury and the circumstances under which fffi t 381> 52. it occurred; shall set forth copies of all contracts or leases made If' 372' with other railroad corporations during the year, and specify fJKEkag. 185 the receipts and expenditures under the same; and shall include i. ' a detailed statement of all particulars' relative to the railroad, is'sa', 328,' i. ' its business, receipts and expenditures during the year, in such ' form as shall be prescribed by said board under the provisions 160 PART II. OF RAILROAD CORPORATIONS. Penalty for neglect to make annual return. R. S. 39, 82. 1851, 102, 2. 1857, 40, 6. G. S. 63, 135 1863, 224, 2. 1864, 167, 2. 1874, 372, 174. P. S. 112, 84 R. L. Ill, 87 of section twenty of Part I. The books of each corporation shall be so kept that returns may be made in exact conformity with the form so prescribed; and the accounts shall be closed on the thirtieth day of June in each year, so that a balance sheet of that date can be taken therefrom and included in the return. Every railroad corporation, which neglects to make said annual return within the time prescribed in this section, or to amend said return within fifteen days, when required by the board of railroad commissioners as provided in said section twenty, shall forfeit, for every such neglect, fifty dollars for each day during which such neglect continues; and if such cor- poration unreasonably refuses or neglects to make said return, it shall forfeit for every such refusal or neglect not more than five thousand dollars. Time for filing annual returns. Amended, 1910, 558. Acts of 1909, Chapter 502, 1. An Act relative to Returns to the Board of Railroad Commissioners. SECTION 1. The annual returns now required by law to be made to the board of railroad commissioners shall be returns for the year ending on the thirtieth day of June, and shall be transmitted to said board on or before the thirtieth day of the following September, upon blank forms of return to be furnished by the board [on or before the first day of June in each year.] The time within which all returns are required by law to be made to the board may be extended by the board to such date sub- sequent thereto as it may, for good cause shown, fix in any case. 1909, 60S, amended. Returns in the year 1910. Acts of 1910, Chapter 558. An Act relative to Returns to the Board of Railroad Commissioners. SECTION 1. Section one of chapter five hundred and two of the acts of the year nineteen hundred and nine is hereby amended by striking out the words "on or before the first day of June in each year", in the sixth and seventh fines, so as to read as follows: Section 1. The annual returns now required by law to be made to the board of railroad com- missioners shall be returns for the year ending on the thirtieth day of June, and shall be transmitted to said board on or before the thirtieth day of the following September, upon blank forms of return to be fur- nished by the board. The time within which all returns are required by law to be made to the board may be extended by the board to such date subsequent thereto as it may, for good cause shown, fix in any case. SECTION 2. This act shall take effect upon its passage. [Approved May 25, 1910. Acts of 1909, Chapter 502, 2. SECTION 2. The return required by the preceding section to be filed for the period ending on the thirtieth day of June, in the year nineteen hundred and ten, shall cover the doings of street railway companies and every person, firm, association or corporation doing an express business upon either a railroad or railway in this commonwealth for the preceding nine months only, and said period of nine months shall be deemed, under the provisions of section sixty-eight of chapter five hundred and ninety of the acts of the year nineteen hundred and eight, subdivision Fifth, relative to the investment of deposits, and the income derived there- from, of savings banks in the bonds of street railway companies, as one PART II. OF RAILROAD CORPORATIONS. 161 of the five years therein referred to, but' the requirement that dividends equal to at least five per cent upon all the outstanding capital stock of a street railway company shall have been earned and paid in cash in each of said five years, shall not apply to said period of nine months; and any street railway company which shall have earned and paid in dividends in cash an amount equal to five per cent upon all its outstanding capital stock in each of the five preceding years, with the exception of said nine months period, shall be included in the list to be certified and trans- mitted by the board. The list required by the provisions of said section sixty-eight to be certified and transmitted to the bank commissioner shall, after the passage hereof, be so certified and transmitted on or before the fifteenth day of December in each year. SECTION 249. Every railroad corporation which operates a Quarterly railroad within this commonwealth shall, within fifty days after ilsoT^i. the expiration of each quarter of the calendar year, transmit l 9 l\ JfJ; 35. to the board of railroad commissioners a quarterly statement of its business and financial condition, in such form and with such detail as said board may require, which shall at reasonable times be open to public inspection. A railroad corporation which neglects to comply with the provisions of this section shall forfeit fifty dollars for each day during which such neg- lect continues. SECTION 250. Every railroad corporation shall, during the Lessee of road continuance of any lease which it has taken of the railroad of ^r^rlq'Sred another corporation, make all the returns required of the les- ileT, 8 ^?, 3 sor; and during the continuance of such lease, the lessor shall |f 74-372' not be required to make such returns, if, when requested by the 173. ' lessee, the lessor furnishes all the information in its possession R'.L. 111,5 86. needed to make such returns; but if a railroad in this common- wealth is leased to a lessee in another state, the lessors in this commonwealth shall make the annual return. Acts of 1911, Chapter 184. An Act to provide Penalties for wilfully making False Reports to Com- missions or Commissioners. Any person who" shall wilfully make false report to the railroad com- penalties for mission, the gas and electric light commission, the highway commission, the insurance commissioner, the bank commissioner or the commissioner of corporations, or who shall testify or affirm falsely to any material fact in any matter wherein an oath or affirmation is required or authorized, or who shall make any false entry or memorandum upon any book, report, paper or statement of any company making report to any of the said commissions or commissioners, with intent in any case to deceive the commission or commissioner, or any agent appointed to examine the affairs of any such company, or to deceive the stockholders or any officer of any such company, or to injure or defraud any such company, and any person who with like intent aids or abets another in any violation of this act shall be punished by a fine of not more tljan one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. [Approved March 25, 1911. 162 PART II. OF RAILROAD CORPORATIONS. Voluntary associations, etc. Copies of written instruments to be filed. Statements of shares owned, etc., and of stockholders of record to be filed. Amended, 1913, 464- Acts of 1909, Chapter 441. An Act relative to Voluntary Associations under Written Instruments. SECTION 1. Trustees of a voluntary association under a written in- strument or declaration of trust the beneficial interest under which is divided into transferable certificates of participation or shares, shall file a copy of such written instrument or declaration of trust with the commissioner of corporations and with the clerk of every city or town in which such association has a usual place of business. SECTION 2. Trustees of a voluntary association under a written in- strument or declaration of trust the beneficial interest under which is divided into transferable certificates of participation or shares, who own or control a majority of the capital stock of a railroad, street railway, gas company, or electric light company, shall annually on or before the first day of May file with the commissioner of corporations and with the board having supervision of such company a statement showing the number of shares of such company owned or controlled by them and the stockholders of record on the books of such company in whose names such shares are held. Section 3. Every trustee of a voluntary association under a written in- strument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares, who fails to comply with the requirements of section two of this act shall for such failure be liable to a fine of not more than five hundred dollars or to three months' imprisonment. 1909, 441, amended. Copies of written instru- ments, etc., filed by volun- tary associa- tions owning or controlling public service corporations to be printed as a public document. Acts of 1913, Chapter 454. An Act relative to the Filing of Annual Statements by Trustees of Vol- untary Associations under Written Instruments or Declarations of Trust. Chapter four hundred and forty-one of the acts of the year nineteen hundred and nine is hereby amended by adding at the end thereof the following new section: Section 3. Every trustee of a voluntary associa- tion under a written instrument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares, who fails to comply with the requirements of section two of this act shall for such failure be liable to a fine of not more than five hundred dollars or to three months' imprisonment. [Approved April 9, 1913. Acts of 1913, Chapter 596. An Act to provide for Publication of Information relative to Voluntary Associations owning or controlling Public Service Corporations. SECTION 1. The commissioner of corporations, within thirty days after the passage of this act, shall transmit copies of all written instruments or declarations of trust and of amendments or additions thereto which have been filed in his office, in compliance with section two of chapter four hundred and forty-one of the acts of the year nineteen hundred and nine, to the secretary of the commonwealth, who shall cause the same to be printed as a public document. The commissioner of corporations shall, in the month of December, nineteen hundred and thirteen, and annually thereafter, transmit to the secretary of the commonwealth copies of all written instruments or declarations of trust, and any amendments or addi- tions to such declarations theretofore in the custody of the commissioner, which were filed in his office during the year ending on the thirtieth day of November next preceding in compliance with section two of chapter PART II. OF RAILROAD CORPORATIONS. 163 four hundred and forty-one of the acts of the year nineteen hundred and nine. The secretary shall annually cause such of said instruments, declarations of trust and amendments as have not been previously printed under his direction, together with such reports and information relating to the associations described in section two of said chapter four hundred and forty-one as the board of railroad commissioners or the board of gas and electric light commissioners may transmit to him for the purpose, to be printed as a public document. SECTION 2. This act shall take effect upon its passage. [Approved May 2, 1913. Acts of 1913, Chapter 597. An Act relative to the Holding of Stock of Certain Public Service Cor- porations. SECTION 1. No corporation organized under or subject to the pro- Certain corpo- visions of chapter four hundred and thirty-seven of the acts of the year hoidTetc'f to nineteen hundred and three, except a corporation which by special law of more than ten this commonwealth is authorized to hold stock in a public service corpora- caphaT stock of tion, shall hereafter purchase or acquire, take or hold, directly or indirectly, g^ice corpo- more than ten per cent of the total capital stock of a corporation organized rations. under the general or special laws of the commonwealth for the purpose of carrying on within the commonwealth the business of a railroad, street railway, electric railroad, elevated railway, gas or electric light, heat or power company. SECTION 2. This act shall take effect upon its passage. [Approved May 2, 1913. RAILROADS FOR PRIVATE USE. SECTION 251. A person or corporation may construct a rail- Railroads for .1 ''! i private use. road for private use in the transportation of freight; but shall ||^'|2|- not take or use lands or other property therefor without the 175, i?6. consent of the owner thereof. No such railroad shall be con- 223, 224. nected with the railroad of another corporation without its con- f^Ma sent; nor shall it be constructed across or upon a highway, town sf j^ff 8 '^ 3 ' way or travelled place without the consent of the board of aldermen of the city or selectmen of the town, nor except in a place and manner approved by them. If the board of aldermen or selectmen consent, they shall from time to time make such ' regulations relative to motive power, rate of speed, and time and manner of using the railroad over and upon such way or travelled place, as in their judgment the public safety and con- venience require, and they may order such changes to be made in the track as are rendered necessary by the alteration or re- pair of such way. If they allow steam power to be used on such railroad, the provisions of this act relative to the crossing of ways and travelled places by railroad corporations shall apply to such railroad, and to the person or corporation constructing or operating the same. SECTION 252. If the consent of the board of railroad com- Regulation of missioners is required for the crossing of a way or travelled isgo^sffi place by a railroad for private use, it may limit the number of Jm^nd^.' 5 28 ' tracks, and may impose other conditions relative to the use of 191g> 376 - the crossing by said railroad, and may modify such limitations and conditions. 164 PART II. OF RAILROAD CORPORATIONS. The board of railroad commissioners may, upon the complaint of any party interested, or upon its own motion, exercise super- visory powers over all railroads for private use with regard to the character and condition of the roadbed, tracks, crossings, rolling stock, machinery, equipment and appliances used in or in con- nection with the operation of such railroads, so far as is reasonable and expedient to promote the security of persons employed in the maintenance and operation of the same and of the public. Acts of 1912, Chapter 375. An Act relative to the Supervision by the Board of Railroad Commission- ers of Railroads for Private Use. 1906, 463, Section two hundred and fifty-two of Part II of chapter four hundred amended. ' and sixty-three of the acts of the year nineteen hundred and six is hereby amended by adding at the end thereof the following : The board of rail- road commissioners may, upon the complaint of any party interested, or upon its own motion, exercise supervisory powers over all railroads for private use with regard to the character and condition of the roadbed, tracks, crossings, rolling stock, machinery, equipment and appliances used in or in connection with the operation of such railroads, so far as is reasonable and expedient to promote the security of persons employed in the maintenance and operation of the same and of the public, so as to read as follows : Section 252. [For 252 as amended, see above.] CORPORATIONS TO CONSTRUCT RAILROADS IN FOREIGN COUN- TRIES. Stract'rau- SECTION 253. Fifteen or more persons, a majority of whom roads in for r are inhabitants of this commonwealth, may associate themselves eign countries. . ...,,. . 1879, 274, i. by a written agreement of association, with the intention or R.L. in', 28i! forming a corporation to construct and operate a railroad, or * 8 ' 187 ' railroad and telegraph, in any foreign country, but in accord- ance with the laws of such country; and, upon complying with the provisions of section two hundred and fifty-five, shall, with their associates and successors, be a corporation for the purpose aforesaid, with the powers necessary and incident thereto, and with such powers and privileges, and subject to such duties, liabilities and restrictions, as to the location, construction, main- tenance and operation of its railroad, or railroad and telegraph, and the transfer of its property by mortgage, lease or otherwise as may be fixed by such country. Agreement of SECTION 254. The agreement of association shall state : isTg^Ti 2. (a) That the subscribers thereto associate themselves with the R.L.III', 1 282'. intention of forming a railroad corporation, or a railroad and telegraph corporation. (6) The corporate name assumed. (c) The termini of the railroad, or the railroad and the tele- graph. (d) The total amount of the capital stock of the corporation. (e) The names and residences of at least five persons, who shall be subscribers to the agreement of association, to act as directors until others are chosen and qualified in their stead. PART II. OF RAILROAD CORPORATIONS. 165 Each associate shall subscribe to the agreement of associa- tion his name, residence, post office address, and the number of shares of stock which he agrees to take; but no subscriber shall be bound to pay more than ten per cent of the amount of his subscription, unless a corporation is chartered. SECTION 255. When it is shown to the satisfaction of the Certificate of board of railroad commissioners that the requirements of the ^th p rTdre- two preceding sections have been complied with, the clerk of ^79^274, 3. said board, upon its order, shall annex to the agreement of ^ L - }}j'| Hi- association a certificate setting forth that fact. The directors 2 7 Mas *- 187 - shall thereupon file the agreement of association and certificate 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 in- corporation substantially in the following form : COMMONWEALTH OF MASSACHUSETTS. Be it known, that whereas [names of the subscribers to the agreement Form of of association] have associated themselves with the intention of forming C a corporation, under the name of the [name of the corporation], for the purpose of locating, constructing, maintaining and operating a railroad [or railroad and telegraph] [description of the railroad or railroad and telegraph 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 corporation], with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the general laws applicable to such corporations. In witness whereof, I have hereunto subscribed my official signature, and affixed the Great Seal of said commonwealth, this day of , in the year [day, month and year]. The secretary of the commonwealth shall sign the certificate of incorporation and cause the Great Seal of the commonwealth to be thereto affixed, and such certificate shall have the force and effect of a special charter. The secretary of the common- wealth shall also cause a record of the certificate of incorpora- tion to be made, and such certificate, or such record, or a certified copy thereof, shall be conclusive evidence of the exist- ence of such corporation. SECTION 256. The corporation may from time to time, at a increase or meeting of directors called for the purpose, reduce the amount ^uai'Stock. of the capital stock, or increase it for the purpose of con- p 8 s 9 'i 2 i 7 2 4 ' 228 structing and equipping its railroad and extensions or branches ^- ^ 2 ^- thereof. If such increase or reduction is made, a certificate of 20? Mass. isi. the fact, signed by the president of the corporation, shall, within thirty days thereafter, be filed in the office of the secre- tary of the commonwealth. Such corporation may, by vote at a meeting of its directors, purchase, acquire or lease the prop- 166 PART II. OF RAILROAD CORPORATIONS. erty, stocks, bonds or securities of any railroad corporation whose line is located in the foreign country named in the original agreement of association of such corporation or any amendment thereof made as hereinafter provided, or of any steamship company associated in transportation or business with such corporation, upon such terms and for such consideration as shall be determined by such vote, and in like manner may appoint an executive committee from the members of its board, and delegate to such committee such power and authority as by such vote shall be provided, and in like manner may divide the directors into classes as nearly equal as possible for the pre- scribed number of classes, and prescribe the tenure of office of the several classes, but no class shall be elected for a shorter period than one year or for a longer period than five years, and the term of office of at least one class shall expire at the next annual meeting and thereafter at the end of each year, and at each annual meeting after such division directors shall be elected only to fill the place of those whose term of office shall then expire as so provided and shall hold office for the period so prescribed, and all directors shall hold office until their suc- cessors are chosen and qualified; and such corporation may, by vote at an annual or a special meeting of its stockholders, called for the purpose, amend its agreement of association to provide for constructing and operating a railroad in any other foreign country or countries in accordance with the laws of such country or countries, and shall file such amendment in the office of the secretary of the commonwealth and pay him a fee of fifty dollars, and thereupon such corporation shall have the same powers and privileges, and be subject to the same duties, liabilities and restrictions, in all respects, as if its agreement of association had originally contained such amendment. statutes gov- SECTION 257. Such corporation shall be subject to the pro- ernmg such . . e . * I * corporation. visions of sections twenty-nine to forty-one, inclusive, torty- 5,' e. three to forty-five, inclusive, and of section fifty-eight, except as R. L. 111', 1 285! otherwise provided herein. " Mass. 552. 207 MOSS. is?. 1904, 169, 2. Revised Laws, Chapter 14, 52. TAXATION OF CORPORATIONS FORMED TO CONSTRUCT RAILROADS IN FOR- EIGN COUNTRIES. Return and tax [SECTION 52. A corporation formed under the general laws of the tions'to'con- commonwealth to construct railroads, or railroads and telegraphs, in inTo C reign lr ads foreign countries shall for the purposes of taxation be subject to the pro- countries, visions of section forty-nine, except that the rate of taxation shall be one- p. s.' is, 46.' twentieth of one per cent per annum upon the par value of the capital i39 5 M^ss'. 559. stock, divided into semi-annual payments as provided in said section; Repealed^ _ Du t no other provisions of this chapter relative to the assessment of taxes upon corporations or the shareholders therein shall apply thereto. Such [Corporations corporation shall annually, between the first and tenth days of May, "dos^T? t0 make a return to the tax commissioner, under the oath of its treasurer, 7 1-87. \ o f a ii it s shareholders, their residences, the number of shares belonging to each on the first day of May, the amount of its capital stock and the par value and market value of the shares on said first day of May.] PART II. OF RAILROAD CORPORATIONS. 167 SECTION 258. Chapter one hundred and eleven of the Re- ??$* vised Laws, except section one hundred and fifty-eight thereof, iss, '' section thirteen of chapter five hundred and forty-four of the p ' & acts of the year nineteen hundred and two, chapters fifty-nine and one hundred and sixty-nine of the acts of the year nineteen hundred and four, chapters two hundred and eight and two hundred and ten of the acts of the year nineteen hundred and five, and chapter two hundred and eighty-three of the acts of the year nineteen hundred a,nd six, and, so far only as they apply to railroads or railroad corporations, their officers, agents or employees, sections thirty-seven, thirty-eight, thirty-nine, forty, forty-two, sixty-one and sixty-two of chapter fourteen of the Revised Laws, sections nine, ten, eleven, fifteen, seventeen, twenty, twenty-one, twenty-four, twenty-five, twenty-seven, twenty-eight, thirty, thirty-one, thirty-two, thirty-three, thirty- four, thirty-five, forty, fifty-two, fifty-three, fifty-four, fifty- five, fifty-six and fifty-seven of chapter one hundred and nine of the Revised Laws, section nineteen of chapter one hundred and ten of the Revised Laws and chapter four hundred and twenty-three of the acts of the year nineteen hundred and three are hereby repealed. SECTION 259. The provisions of this act, so far as they are Provisions, the same as those of existing statutes, shall be construed as a et c w c ' continuation thereof, and not as new enactments, and a refer- ence in a statute which has not been repealed to provisions of law which have been wholly or partially reviseid and" re-enacted herein shall be construed as applying to such provisions as so incorporated in this act. The repeal of a law by this act shall Rpeainotto (v i n * /> i i affect pending not anect any act done, ratified or confirmed, or any right ac- actions, etc. crued or established, or any action, suit or proceeding com- menced under any of the laws repealed before the repeal took effect, or any action, suit or proceeding pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred, under any of the laws repealed; but the proceedings shall, when necessary, conform to the pro- visions of this act. Any provision of this act by which a pun- ishment, penalty or forfeiture is mitigated may be extended and applied to any judgment pronounced after said repeal. Acts of 1913, Chapter 784, 7, 27, 28, 29. SECTION 7. Every vote, recommendation and order of the commission Records and shall be entered of record; and the commission shall have an official official seal - seal, which shall be judicially noticed. Copies of all official documents Certified and orders filed or deposited in the office of the commission, certified evFdence, etc. by a member of the commission, or by the secretary, to be true copies of the originals, under the official seal of the commission, shall be evidence in like manner as the originals in all courts of the commonwealth; and the commission may charge and collect for such copies ten cents for each folio. The fees so collected shall be paid into the treasury of the common- Fees, wealth. SECTION 27. The supreme judicial court shall have jurisdiction in Jurisdiction in equity to review, annul, modify or amend any rulings or orders of the r 168 PART II. OF RAILROAD CORPORATIONS. etc., rulings commission which are unlawful to the extent only of such unlawfulness, commission. The procedure before the said court shall be that prescribed by its rules, which shall state upon what terms the enforcement of the order shall be stayed. The attorney for any party petitioning the supreme judicial court hereunder shall file with the clerk of the court a certificate that he is of opinion that there is such probable ground for the appeal as to make it a fit subject for judicial inquiry, and that it is not intended for delay; and double costs shall be assessed by the court upon any such party whose petition shall appear to the court not to be a fit subject for judicial in- quiry or shall appear to be intended for delay. The burden of proof shall be upon the party adverse to the commission to show that its order is invalid. Any proceeding in any court of this commonwealth directly affecting an order of the commission or to which the commission is a party shall have preference over all other civil proceedings pending in such court, except election cases. Jurisdiction to SECTION 28. The supreme judicial court shall have jurisdiction upon enforce orders. fa e a ppii ca ti O n of the commission to enforce all valid orders of the com- mission and all the provisions of this act. Whenever the commission shall be of opinion that a common carrier subject to its supervision is failing or omitting or about to fail or omit to do anything required of it by law or by order of the commission, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of the law or of any order of the com- mission, it shall direct counsel to the commission to begin, subject to the supervision of the attorney-general, an action or proceeding in the supreme judicial court in the name of the commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions. Construction SECTION 29. This act shall be deemed and construed as a remedial of act. ac t an( j j n enlargement and extension of all previous acts and existing laws conferring upon or vesting in the commission any jurisdiction, powers or discretion with respect to any subject or matter treated in this act. Except as above provided all acts and parts of acts inconsistent with any provision of this act, and all acts and parts of acts which would in any way limit or prevent the exercise to the fullest extent of any of the juris- diction, powers, authority or discretion delegated herein to the commis- sion are hereby repealed: provided, that nothing herein contained shall be construed to repeal, directly or by implication, the provisions of chap- ter five hundred of the acts of the year eighteen hundred and ninety- seven, or to authorize the commission to make any order or take any action inconsistent with the provisions of said act or with any rights which have been acquired by any common carrier under any statute prior to the passage of this act. PART III. OF STREET RAILWAY COMPANIES. 169 PART III. OF STREET RAILWAY COMPANIES. SECTION 1. Matters of construction. 2. Companies subject to the provi- sions of the chapter. 3-9. Formation. 10-11. Organization. 12-13. Officers. 14-20. Meetings. 21-29. Capital stock. 30-41. Corporate powers. 42-50. Land. 51-57. Lease or sale of railway. 58. Issue of securities by foreign corporations. 59-63. Gas and electricity. 64. Extension of location. 65. Alteration of location. 66. Revocation of location. 67-69. Street or highway widening. 70-72. State highways. SECTION 73-95. Operation. 96-102. Fares and accommodations. 103. Increase of capital stock and issue of bonds. 104. Reduction of capital stock. 105-106. Stock and scrip dividends. 107-112. Issue of capital stock, bonds, coupon notes and other evi- dences of indebtedness. 113-116. Railroad crossings. 117-121. Liens for labor and materials. 122-124. Change of name. 125-137. Taxation. 138-143. Dissolution. 144146. Sale by receivers. 147-150. Savings banks. 151-155. Books, returns and reports. 156-157. Additional remedies. MATTERS OF CONSTRUCTION. SECTION 1. In this act, unless the context otherwise re- Definitions. 1874, 372, 2. quires: P . s . iw.fi. "Street railway" or "railway" means a railroad or rail- }ggf; i^; 5 L way, including poles, wires or other appliances and equipment f^ 1 ^*' Jog- connected therewith, of the class operated by motive power other than steam, and usually constructed upon the public ways and places. "Location" as applied to a street railway, means the grant to a street railway company of the right to construct, maintain and operate a street railway in a public way or place. "Original", as applied to a street railway location in a city or town, means the first location granted to the company in such city or town. "Extension" means any railway constructed by a street railway company in a city or town in addition to that author- ized by its original location therein. "Board of aldermen", or "selectmen", includes the board or other authority exercising the powers of a board of aldermen or of selectmen; but nothing herein shall be construed as affect- ing the veto power of a mayor of any city. "Public way" means any way laid out by public authority. SECTION 2. Street railway companies shall be subject to Companies the provisions of Parts I and III. Companies which have been provisions of 6 specially chartered shall continue to exercise and enjoy the 1864^229^ powers and privileges granted and be subject to all the liabili- flrV.sl'i, ties imposed by their respective charters, except as modified and || 7 ^- 1| l controlled by any act in amendment thereof or by the provisions P. s.'iis, i. of this act. All street railway companies whether organized 1/28. ' under general or special laws shall be subject to anv other gen- nL. 112! 12 Allen. 262. 170 PART III. OF STREET RAILWAY COMPANIES. Formation of street railway company. 1874,29, 1. P. S. 113, 2. Agreement of association. 1863, 100. 1864, 229, 21 1871, 381, 27 1874, 29, 2, 3, 4, 7. 1877, 105. P. S. 113, 3,4. R. L. 109, 8. R. L. 112, 3, 4, 5. 1905, 80. eral laws applicable thereto. All provisions of law which may be in force at the time of the enactment hereof and are appli- cable to the Boston Elevated Railway Company or to com- panies whose railways were, on the first day of October in the year eighteen hundred and ninety-eight, leased or operated by it, shall remain in full force and effect in respect of said com- pany and companies. FORMATION. SECTION 3. Fifteen or more persons may associate them- selves by a written agreement of association with the intention of forming a street railway company. R. L. 112, 3. 190 Mass. 530. 199 Mass. 284. SECTION 4. The agreement of association shall state: (a) That the subscribers thereto associate themselves with the intention of forming a street railway company. (6) The corporate name assumed, which shall be one not in use by any other street railway company in this commonwealth, or, in the judgment of the board of railroad commissioners, so similar thereto as to be likely to be mistaken for it, and which shall contain the words, "street railway company", at the end thereof. (c) The termini of the railway. (d) The length of the railway, as nearly as may be. (e) The name of each county, city and town in which the railway is to be located. (/) The gauge of the railway, which shall be four feet eight and one half inches. (g) The total amount of the capital stock of the company, which shall be not less than ten thousand dollars for each mile, unless the railway is to be wholly outside of a city, in which case said stock shall be not less than five thousand dollars for each mile. (A) The par value of the shares, which shall be one hundred dollars. (i) The names and residences of at least five persons who shall be subscribers to the agreement of association, to act as directors until others are chosen and qualified in their stead. Each associate shall subscribe to the agreement of associa- tion his name, residence, post office address, and the number of shares of stock which he agrees to take; but no subscriber shall be bound to pay more than ten per cent of the amount of his subscription unless a company is incorporated. Use of name or title of public service corporations regulated. Acts of 1913, Chapter 499. An Act relative to the Use of Names or Titles of Public Service Corporations. SECTION 1. No person, partnership or association owning, holding or controlling shares of stock of any public service corporation shall here- after use any name or title or other word or words that, in the opinion of the board of commissioners having jurisdiction over the public service corporations the shares of which are or are to be held, owned or controlled PART III. OF STREET RAILWAY COMPANIES. 171 by such person, partnership or association, might lead the public to believe that such person, partnership or association is a public service corpora- tion or that its business is that of a public service corporation. SECTION 2. The board of railroad commissioners, in the case of cor- Certain state porations under its jurisdiction, and the board of gas and electric light investigate commissioners, in the case of corporations under its jurisdiction, the a ?d determine shares of which are or are to be held, owned or controlled by any person, partnership or association specified in section one, are hereby authorized to investigate and determine whether any such person, partnership or association is violating the provisions of section one; and any person, partnership, or association violating any provision of section one shall forfeit to the commonwealth one hundred dollars a day for every day or Penalty, part thereof during which such violation continues after the determina- tion aforesaid. Any violation of the provisions of section one shall forth- violations to with be reported by the board of commissioners to the attorney-general, to attorney- after said determination and notice thereof to such person, partnership general, or association. The said forfeiture may be recovered by an information Recovery of or other appropriate proceeding brought in the supreme judicial court or forfeiture - superior court in the name of the attorney-general. Upon such informa- Restraining tion or other proceeding the court may issue an injunction restraining J^y^^f such person, partnership or association from further prosecution of its business within the commonwealth during the pendency of such proceed- ing or for all time, and may make such other order or decree as equity and justice may require. SECTION 3. This act shall not apply to the continued use by any Not to apply person, partnership, or association, of any name or title which was adopted p^vlousiy prior to the passage of this act. adopted. SECTION 4. This act shall take effect upon its passage. [Approved April 17, 1913. \ SECTION 5. The directors shall appoint a clerk and a treas- cierkand urer who shall hold their respective offices until a clerk and a vTc^ncfe^. treasurer of the company are chosen and qualified in their stead. P 87 g ; us\\ The directors shall fill any vacancy in their board, or in the R - L - 112> 5 - office of clerk or treasurer, before the organization of the com- pany. SECTION 6. The directors, before applying for locations for Publication of a railway, shall cause a copy of the agreement of association to afs^ktion^ be published in a newspaper, if any, published in each of the p 87 s.'n3,\ 5 6. cities and towns in which the railway is to be located, and, if, R - ^ 112> 6 - in any county, a newspaper is published in none of said cities and towns therein, in such newspaper published in said county as shall be designated by the board of railroad commissioners, at least once in each of three successive weeks; and the sw r orn certificate of the clerk shall be conclusive evidence of such publi- cation. SECTION 7. The board of aldermen of a citv or the select- $ 14 men of a town, upon the petition [by the president, or a ma- i87i! ssi! u.' jority of the directors], executed in accordance with the by-laws p. s.'ns, 7. or a vote of the directors of a street railway company organized R. L! 112', 7. ' or in process of organization under the provisions of this act, or Hg 2 ' 395> 396 ' organized under a special act, for an original location of tracks \%\ $ j^- in such city or town, shall give fourteen days' notice of the ^l Mass' 41^' 172 PART III. OF STREET RAILWAY COMPANIES. 185 Mass' is!' ^mc an< ^ P^ ace ^ or a hearing on such petition by publication i|8 Mass, iso! thereof in one or more newspapers, if any, published in said 192' Mass. 106. city or town; otherwise, in such newspaper or newspapers pub- 3Q2, p 4w'.] G ' lished in the county in which the city or town is situated as 25?i89o G ] May shall be designated by the board of aldermen or the selectmen 53 ' f suc h city or town; and if, after a hearing, they are of opinion Vn 9 ' that public necessity and convenience so require, they may sis Mass. 105. grant said location, or any portion thereof, and may prescribe i909,4ii, \i, how the tracks shall be laid, and the kind of rails, poles, wires P se g e e i908,266; and other appliances which shall be used, and, in addition to mo', fil} 6: the general provisions of law governing such companies, and in respect of matters not treated of in such provisions, impose such other terms, conditions and obligations, incidental to and not inconsistent with the objects of a street railway company, as the public interests may in their judgment require; but no such location shall be valid, until the board of railroad com- missioners, after public notice and a hearing, shall certify that such location is consistent with the public interests.* If the board of railroad commissioners requires an altera- tion in such location before certifying that the same is con- sistent with the public interests, said board shall notify the board of aldermen or selectmen granting such location of such alteration; and thereafter said board of aldermen or selectmen may amend such location in accordance with such alteration: provided, that, if such alteration involves a change in the route of the railway, public notice and a hearing shall be given as hereinbefore provided in the case of an original application for a location; and thereafter the board of railroad commis- sioners may, as a part of the original proceedings before it, certify that such location so amended is consistent with the public interests. A location so certified to be consistent with the public interests, shall be the true location, if, within [thirty] sixty days after the issue of notice of said certification to the * In acting under the provisions of chapter 399 of the Acts of 1902, now 1906, 463, part III, 7, the Board of Railroad Commissioners established the following requirements as conditions of approval of locations granted to street railway companies: Every location must be accompanied by a plan showing the place in the highway to be occupied by the railway, including turnouts, and by trolley poles. The plan should also give grades and street lines and such other information as may be practicable. The following conditions should be attached to grants of location: 1. Tee rails to be not less than sixty (60) pounds per yard in weight. 2. Ties to be of suitable timber not less than seven (7) feet in length, six (6) inches thick, with six (6) inches face, and spaced not more than two (2) feet on centres. 3. The roadbed to be constructed with at least eighteen (18) inches of suitable ballast below base of rail, and properly drained. 4. The railway to be continuously on one side or in the centre of the driveway when circum- stances permit, and whenever practicable to be separated from the driveway, in all cases the clearance from rail to any obstruction to be at least four and one-half (4J^) feet on tangents and more in proportion on curves. 5. The roadway independent of the railway to be of sufficient width to properly accommodate other travel. 6. Crossings of railway from one side to the other of the highway to be avoided, but if per- mitted, only with provision for proper regulation respecting the operation of cars and restriction of speed. These requirements are not to exclude other suitable conditions and restrictions by local boards or by this board as the circumstances in particular cases may require. Under date of January 11, 1911, the board of railroad commissioners adopted the following requirements as to plans showing locations of street railway tracks: A street railway company petitioning the Board for approval of a location, or an extension, alteration or revocation of a location shall accompany its petition with a plan indicating in red the alignment and grades of tracks and position of poles on such location or extension, alteration or revocation of location. Said plan shall be of such scale as will clearly show the grades, curves, and locations of all poles, and shall have marked upon it degrees of curvature or radii of all curves, gradients in percentages, and elevations of all points where the gradient changes. Plans not to exceed 20 x 30 inches in size are desirable for the purpose of filing. PART III. OF STREET RAILWAY COMPANIES. 173 company, [a majority of the directors] it shall file a written acceptance of such location executed in accordance with its by-laws or a vote of its directors with the board of aldermen or selectmen. A location granted by a board of aldermen or selectmen, but refused certification hereunder by the board of railroad commissioners, or not accepted as hereinbefore pro- vided, shall be void. Such location shall also be void, if the certificate of incorporation of the street railway company is not issued, and its organization is not completed, within eight- een months after said issue of said notice of said certification, or if application for said certification is not made to the board of railroad commissioners within thirty days after the grant of said location by the board of aldermen or selectmen. If in any city or town the original location of a street railway company expires, is revoked, or otherwise becomes void, the provisions of this section shall apply to a new petition for an original location therein. All locations which were granted or in use before the first day of October in the year eighteen hundred and ninety- eight are ratified and confirmed as if they had been accepted under the provisions of this section, and shall continue in force, subject only to revocation as provided in section sixty-six, and to the general provisions of law governing such companies. Revised Laws, Chapter 53, 17, 19. SECTION 17. No highway, town way, street, turnpike, canal, railroad Streets ^| t 1 c ' i ' d or street railway shall be laid out or constructed over a common or park out over a dedicated to the use of the public, or appropriated to such use without igTs^iealTi. interruption for a period of twenty years: nor shall any part of such p - s.54, is , , f , . . ! vi i_- i 166 Mass. 366. common or park be taken for widening or altering a highway, town way i?s Mass. soo. or street, except with the consent of the inhabitants of the city or town, 18J > Mass> 14 - after public notice, given in the manner provided in cases of the location and alteration of highways, stating the extent and limits of the portion thereof proposed to be taken. Such consent shall be expressed by vote of the inhabitants, if ten or more voters file a request in writing to that effect with the selectmen or the mayor and aldermen within thirty days after the publication of the notice; in the absence of such request, con- sent shall be presumed. SECTION 19. Land of a public institution belonging to the common- Taking of wealth shall not be taken for a highway, town way, street, turnpike, 'jfJwichwtitu- canal, railroad or street railway without leave of the general court. V'?=; re un a & e ^' P. S. 54, 15. [2 Op. A. G. 234.] Revised Laws, Chapter 212, 69. SECTION 69. Whoever lays out, opens, or makes a highway or town Making road, way, or constructs a railroad or canal, or any other thing in the nature bMwfground of a public easement, over, through, in or upon any part of an enclosure, 1834 - 187, i. which is the property of a city, town, parish, religious society or of private eo; so, '21. proprietors and is used or appropriated for the burial of the dead, unless p- 1- g^ f 51" authority for that purpose is specially granted by law, or unless the con- sent of such city, town, parish, religious society or proprietors, respec- tively, is first obtained, shall be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year. 174 PART III. OF STREET RAILWAY COMPANIES. Revised Laws, Chapter 28, 11. pen*ftuai be SECTION 11. Land taken for or held as a park by cities and towns ills' 75 4 ' * 10 ' unc ^ er ^ ne P rov i s i ons of this chapter shall be forever kept open and main- 178 Mass. soo. tained 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 provi- sions of section twenty of chapter fifty-three shall not apply to such build- ings. 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. Land around state house to remain open. 1894, 532, 6. Metropolitan park commis- sioners may grant locations to street rail- ways. To give notice of time and place of hear- ing, etc. Proviso. Locations may be extended or revoked, etc. Provisos. Copy of order to permit loca- tion, etc., to be 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 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. 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 rail- way 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 pub- lished 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, condi- tions and obligations, and for such compensation, as the public interest and a due regard for the rights of the commonwealth may require : pro- vided, 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 re- ceiving 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- PART III. OF STREET RAILWAY COMPANIES. 1 75 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 o^town. 01 ^ 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. SECTION 5. The share of the tax paid by any street railway company Certain share operating hereunder, into the treasury of the commonwealth, which street railway would under other provisions of law be apportioned to the city or town companies to within which its tracks laid hereunder are situated, shall be apportioned to the P com net to the commonwealth and credited by the treasurer to the sinking fund nwealth> of the loan to which the expenditure for the road, boulevard, park or reservation in which the tracks are located was charged. SECTION 6. All street railway companies operating hereunder shall Certain provi- remain 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 amend- ment 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 Com- mission to grant Locations to Street Railway Companies. SECTION 1. The Wachusett mountain state reservation commission The Wachusett shall have authority to grant locations, as provided herein, to street rail- res^at^n*^ 6 ways within the roads, parks and reservations under its control. commission SECTION 2. Said commission, upon petition of the directors of a street i^atumlfto railway company, or of a majority thereof, for such location, shall give s* ree t railways, a hearing thereon, notice of the time and place of which shall be given given, n Jtc 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, condi- tions 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. SECTION 3. Within the limits of the Wachusett mountain state reser- Commission to vation the Wachusett mountain state reservation commission shall have over iocatio"! y 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 app^rtio'ned to would under other provisions of law be apportioned to the city or town thecommon- within which its tracks laid hereunder are situated, shall be apportioned w 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. 176 PART III. OF STREET RAILWAY COMPANIES. Temporary locations for street rail- ways. See 1910, 618; 1911,44%- Applications to board of railroad com- missioners. Companies to 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. 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, im- 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. SECTION 2. A street railway company whose petition for such tem- porary 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 loca- tion. 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 condi- tions 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 day^ 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 tempo- rary 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 com- pany 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. Location not valid unless. Limit of time for use of location. Expense of construction of tracks to be apportioned. PART III. OF STREET RAILWAY COMPANIES. 177 Acts of 1909, Chapter 417, 1. An Act relative to Locations of Street Railway Companies. SECTION 1. Section seven of Part III of chapter four hundred and p^rt'in 3 * 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 fj*/!oJ.'^' 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 forty- second 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. 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 ItreeTr^liway its railway, generate, manufacture, use and transmit electricity in any ^fgfj 68 ' city or town in which it may be authorized to operate its railway, and 48 1, 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 sixty- six, 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. 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 untn approved another street railway, whether surface or elevated, in the cities of Boston, ^^co 11 ' Cambridge, or in the town of Brookline, shall hereafter be valid until missioners. approved by the board of railroad commissioners. Nothing herein con- p^ m^'/rf' tained shall affect any proceeding now pending before the mayor and above.] board of aldermen of the city of Cambridge. 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 cooking pur- wires located over or under the streets and highways may sell such ^g|| s ' 420 electricity for operating heating, cooking and kindred apparatus and iss Mass. 250. 178 PART III. OF STREET RAILWAY COMPANIES. Erection of wires of differ- ent companies restricted. 1887, 382, 3. 1892, 274. 1895, 350. 1901, 389. 157 Mass. 86. 188 Mass. 250. 197 Mass. 666. [1 Op. A. G. 88.] See 1908, 617. Presentation of agreement of association, and annexed certificates, to board of rail- road commis- sioners. 1872,53, 9. 1874,372, 28. P. S. 112, 43. R.L.I 11, 1 45. R. L. 112, 8. Certificate of incorporation. 1872, 53, 10. 1874. 372, 29. 1881, 161. P. S. 112, 44. R. L. Ill, 46. R. L. 112, 8. Form of certificate. 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 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 pre- sent the same for inspection to the board of railroad commis- sioners. SECTION 9. When it is shown to the satisfaction of the board of railroad commissioners that the requirements of this act preliminary to the incorporation of a company have been com- plied 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 certifi- cate 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 : 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- PART III. OF STREET RAILWAY COMPANIES. 179 tions, set forth in all general laws which now are or hereafter may be in force relating to street railway companies. In witness whereof, I have hereunto subscribed my official signature, and affixed the Great Seal of said commonwealth, this day of , in the year [day, month and year]. The secretary of the commonwealth shall sign the certificate of incorporation, and cause the Great Seal of the common- wealth to be thereto affixed, and such certificate shall have the force and effect of a special charter. The secretary of the commonwealth shall also cause a record of the certificate of incorporation to be made, and such certificate, or such record, or a certified copy thereof, shall be conclusive evidence of the existence of such corporation. ORGANIZATION. SECTION 10. Upon the issue of such certificate of incorpora- First meeting tion, the first meeting of the incorporators shall be called by tors ncorpora a notice signed by a majority of the directors; and such notice Ifyf' fygYib shall state the time, place and purposes of the meeting. A Jf^f'f^' copy of such notice shall, seven davs at least before the day P. s.' 112, 45. * R. L 111 5 48 appointed for the meeting, be given to each incorporator or left R! L! 112,' &. at his residence or usual place of business, or deposited in the ^ 190S - 4S7 ' post office, postage prepaid, and addressed to him at his resi- dence or usual place of business, and another copy thereof, and an affidavit of the clerk that the notice has been duly served, shall be recorded with the records of the company. If all of the incorporators shall in writing waive such notice and fix the time and place of the meeting, no notice shall be required. SECTION 11. At such first meeting, or at any adjournment Organization. thereof, the incorporators shall organize by the adoption of s'ee isos, '437,' by-laws, and by the election, by ballot, of not less than five 5 directors. The clerk appointed by the directors under section five shall make and attest a record of the proceedings until the clerk of the company has been chosen and sworn, including a record of such choice and qualification. OFFICERS. cers. SECTION 12. The business of every company shall be man- offic aged and conducted by a president, a board of not less than Jfyt; Isi', f I five directors, a clerk, a treasurer and such other officers and ^ |- { j| 15 such agents as the company by its by-laws shall authorize. See 1903, 437, 17. 167 Mass. 161. SECTION 13. The directors shall be elected annually by the Election of stockholders by ballot, and the president shall be elected annu- islT.^o, 2. ally by and from the board of directors, and the treasurer and ^ 87 g- ^- 1 1 the clerk annually by said board. Every director, unless the f^^ 2 '/!/ 5 - by-laws otherwise provide, shall be a stockholder. The treas- is. urer may be required to give a bond for the faithful perform- 1909,417, ance of his duty in such sum and with such sureties as the 6> 6 ' by-laws may prescribe. The clerk, who shall be a resident of 180 PART III. OF STREET RAILWAY COMPANIES. this commonwealth, shall be sworn, and shall record all votes of the company in a book to be kept for that purpose. The officers of a company shall hold office for one year and until their successors are chosen and qualified. The manner of choosing or of appointing all other agents and officers and of filling all vacancies shall be prescribed by the by-laws, and, in default of provision by such by-laws, vacancies may be filled by the board of directors. Any requirement in the general laws of action to be taken or instruments to be signed by the president, directors or a majority of the directors, of a street railway com- pany, relative to the grants, extensions, alterations and revocations of location, abolition of grade crossings and rights in state high- ways, shall be sufficiently and legally complied with if such action is taken by a vote, or if such instrument is executed in accordance with and by the person or persons designated in, a vote of the directors of such company, at a meeting duly and properly held, at which a quorum of the board is present. [See page 179, 13.] Acts of 1909, Chapter 417, 5, 6. 1906, 463, SECTION 5. Section thirteen of Part III of said chapter four hundred amended. ' and sixty-three is hereby amended by adding at the end thereof the 48i ^oit'* 42 ' following' Any requirement in the general laws of action to be taken or instruments to be signed by the president, directors, or a majority of the directors, of a street railway company, relative to the grants, extensions, alterations, and revocations of location, abolition of grade crossings and rights in state highways, shall be sufficiently and legally complied with if such action is taken by a vote, or if such instrument is executed in accordance with, and by the person or persons designated in, a vote of the directors of such company, at a meeting duly and properly held, at which a quorum of the board is present, so as to read as follows: officers f Section 13. The directors shall be elected annually by the stock- holders by ballot, and the president shall be elected annually by and from the board of directors, and the treasurer and the clerk annually by said board. Every director, unless the by-laws otherwise provide, shall be a stockholder. The treasurer may be required to give a bond for the faithful performance of his duty in such sum and with such sureties as the by-laws may prescribe. The clerk, who shall be a resident of this commonwealth, shall be sworn, and shall record all votes of the company in a book to be kept for that purpose. The officers of a company shall hold office for one year and until their successors are chosen and qualified. The manner of choosing or of appointing all other a,gents and officers and of filling all vacancies shall be prescribed by the by-laws, and, in default of provision by such by-laws, vacancies may be filled by the board of directors. Any requirement in the general laws of action to be taken or instruments to be signed by the president, directors, or a majority of the directors, of a street railway company, relative to the grants, extensions, alterations, and revocations of location, abolition of grade crossings and rights in state highways, shall be sufficiently and legally complied with if such action is taken by a vote, or if such instrument is executed in accordance with, and by the person or persons desig- nated in, a vote of the directors of such company, at a meeting duly and properly held, at which a quorum of the board is present. PAKT III. OF STREET RAILWAY COMPANIES. 181 SECTION 6. Sections seven, sixty-four, sixty-five and seventy of Part ost j n J?-, e ". Ill of said chapter four hundred and sixty-three, as amended by this Company. * a act, and section sixty-six of Part III of said chapter, shall apply to the fpp\ l y ns to Boston Elevated Railway Company in respect to the street railways at any time owned, leased or operated by it, and to companies whose railways were, on the first day of October in the year eighteen hundred and ninety-eight, leased or operated by it. [Approved May 20, 1909. SECTION 14. There shall be an annual meeting of the stock- Meetings of holders, and the time and place of holding it, and the manner 1864, 229, "3. of conducting it, shall be fixed by the by-laws. All meetings p 87 s.' 113, ib. of stockholders shall be held in the commonwealth, and shall be ^eh&os,'^' called, and notice thereof given, in the manner provided in the ao - by-laws of the company; or, if the by-laws make no provision therefor, shall be called by the president, and a written or printed notice, stating the place, day and hour thereof, given by the clerk, at least seven days before such meeting, to each stockholder by leaving such notice with him or at his residence or usual place of business, or by mailing it, postage prepaid, and addressed to each stockholder at his address as it appears upon the books of the company. Unless the by-laws otherwise provide, a majority in interest of all stock issued and out- standing and entitled to vote shall constitute a quorum. No- tices of all meetings of stockholders shall state the purposes for which the meetings are called. No notice of the time, place or purpose of any regular or special meeting of the stockholders shall be required if every stockholder, or his attorney thereunto authorized, by a writing which is filed with the records of the meeting, waives such notice. SECTION 15. If, by reason of the death or absence of the May be called rr* a ,i ,1 ,i under warrant officers of the company or other cause, there is no person au- O f justice of thorized to call or preside at a legal meeting, or if the clerk or iglaflg 6 ' other officer refuses or neglects to call it, a justice of the peace Q f ||- 1 f may, upon written application of three or more of the stock- ^- |j>- 1 ji- holders, issue a warrant to any one of them, directing him to see IMS, '437, call a meeting by giving such notice as is required by law, and may, by the same warrant, direct him to preside at the meeting until a clerk is chosen and qualified, if no officer of the com- pany is present who is legally authorized to preside. SECTION 16. A special meeting of the stockholders shall be special called, and a written or printed notice thereof, stating the time, Tw^/oi. place and purpose of the meeting, given, by the clerk upon fsof, 99. 2 ' 5 52 ' written application of three or more stockholders who are en- ]L L yJ0s,'Js7?' titled to vote, and who hold at least one tenth part in interest ^- of the capital stock. SECTION 17. A company shall not directly or indirectly vote voting rights t,- i f company upon any share ot its own stock. upon its own R. L. 112, 17. See 1903, 437, S3. SECTION 18. Stockholders who are entitled to vote shall h^id f e rsr k have one vote for each share of stock owned by them. Stock- %l$ e % 2 Q holders may vote either in person or by proxy. No proxy 4,'s. 182 PART III. OF STREET RAILWAY COMPANIES. IH 1 ,'!. 81 ' which is dated more than six months before the meeting named fiii 1 !!' therein shall be accepted, and no such proxy shall be valid 1889,210. after the final adjournment of such meeting. R. L. 112, 17. See 1903, 437, 24. Sfiduc[ a r? ts SECTION 19. Executors, administrators, guardians, trustees isTofssf "2. or P ersons in anv other representative or fiduciary capacity may ml it' 1 1 5 ' vote as stockholders upon stock held in such capacity. G. S. 68, 11. R. L. 109, 17. 101 Mass. 398. P. S. 105, 13. 9 Cush. 192. See 1903, 437, 29. dtortSS! f SECTION 20. Meetings of the board of directors may be held Seewo3,437, w ithin or without the commonwealth. Any meeting of the board of directors shall be a legal meeting without notice, if each director who is absent, by a writing which is filed with the records of the meeting, waives such notice. CAPITAL STOCK. stock certifi- SECTION 21. Each stockholder shall be entitled to a certifi- file. 903 ' 437> cate which shall be signed by the president and by the treasurer of the company, or by such other officers as may be authorized by the by-laws, shall be sealed with its seal, and shall certify the number of shares owned by him in such company. aha a re? rof SECTION 22. The delivery of a certificate of stock by the iln'lii' 1 10' P erson named as the stockholder in such certificate or by a p 88 s' ill's s P erson entrusted by him with its possession for any purpose to R. L. 112! is! a bona fide purchaser or pledgee for value, with a written trans- i Qf\Q 49*^ 5i,'2;437, fer thereof, or with a written power of attorney to sell, assign 19. fo, 171. or transfer the same, signed by the person named as the stock- holder in such certificate, shall be a sufficient delivery to trans- fer title as against all persons; but no such transfer shall affect the right of the company to pay any dividend due upon the stock, or to treat the holder of record as the holder in fact until it has been recorded upon the books of the company, or until a new certificate has been issued to the person to whom it has been so transferred. Such purchaser, upon delivery of the former certificate to the treasurer of the company, shall be entitled to receive a new certificate. A pledgee of stock trans- ferred as collateral security shall be entitled to a new certifi- cate if the instrument of transfer substantially describes the debt or duty which is intended to be secured thereby. Such new certificate shall express on its face that it is held as col- lateral security, and the name of the pledgor shall be stated thereon, who alone shall be liable as a stockholder, and entitled to vote thereon. stock books SECTION 23. The certificate of incorporation, and an attested and corporate .. i i i i i records. copy of the agreement 01 association, and ot the by-laws, with a G.S.' es, 10. reference on the margin of the copy of the by-laws to all amend- s'. L. 109! 32! ments thereof, and a true record of all meetings of stockholders G 85 t.'68 7 20. shall be kept by the company at its principal office in this com- ilel; 201' i monwealth for the inspection of its stockholders. The stock ?' J' 1 1 o?- and transfer books of such company, which shall contain a x\. -L. 109, oo. PART III. OF STREET RAILWAY COMPANIES. 183 complete list of all stockholders, their residences and the amount 1889, 222, 3. of stock held by each, shall be kept at an office of the company [i op. A. G. in this commonwealth for the inspection of its stockholders, isa, 107. Said stock and transfer books and said attested copies and rec- p; |; ws.Vis. ords shall be competent evidence in any court of this common- s^'sos 9 ^!/ 35 ' wealth. If any officer or agent of a company having charge of so - such copies, books or records refuses or neglects to exhibit them or to submit them to examination as aforesaid, he or the com- pany shall be liable to any stockholder for all actual damages sustained by reason of such refusal or neglect, and the supreme judicial court or the superior court shall have jurisdiction in equity, upon petition of a stockholder, to order any or all of said copies, books or records to be exhibited to him and to such other stockholders as may become parties to said petition, at such a place and time as may be designated in the order. SECTION 24. The directors of a company may, unless other- ^ e r ^ ficateg wise provided by the by-laws, determine the conditions upon R. L. no, 28. which a new certificate of stock may be issued in place of any ^31. certificate which is alleged to have been lost or destroyed. They may, in their discretion, require the owner of a lost or destroyed certificate, or his legal representative, to give a bond with sufficient surety to the company in a sum not exceeding double the market value of the stock to indemnify the company against any loss or claim which may arise by reason of the issue of a certificate in place of such lost or destroyed stock certificate. SECTION 25. Every company shall, once in every five years, Unclaimed publish three times successively in a newspaper in the city of i837, e 56. 8 ' Boston, and also in a newspaper in the county in which the p.'l io'5?27. principal office of the company is located, a list of all dividends ^ee^iao^s?^' which have remained unclaimed for two years or more and the 3S - names of the persons to whose credit such dividends stand. SECTION 26. Certificates of stock shall not be issued by a shares to be company until the par value thereof shall have been actually i S 8&4?229f ar paid in in cash. i87i, asi, 7, 10. issi, 302. P. S. 113, 13. R. L. 112, 18. 150 Mass. 200. . SHARES ISSUED FOR PAR ONLY. Revised Laws, Chapter 109, 19. SECTION 19. No corporation, unless specially authorized, shall issue not to a share for a less amount to be actually paid in thereon than the par j^g value of the shares at the date of issue. 1859, 104. issi, 133, ie. G. S. 68, 9. 1873, 39, 1. P. S. 106, 41. 1858> 167- 1871, 392, 3. P. S. 105, 17. 157 Mass. 71. SECTION 27. The directors may assess upon all the shares Assessmentg subscribed, but not paid in, such amounts of money which are stock^and^ 1 not in excess of their par value, as they think proper, and may thereof 00 direct the same to be paid to the treasurer, who shall give 5 6 |'|^ 9> written notice thereof to the subscribers. If a subscriber neg- p i'ffl*!?* lects to pay his assessment for thirtv days after such notice, R. L. 112! 25! See 1903, 437, 15. 184 PART III. OF. STREET RAILWAY COMPANIES. Subscription to full capital stock, and payment in of fifty per cent thereof^ before con- struction. 1864, 229, 6 1871,381, 6 P. S. 113, 1 R. L. 112, 141 Mass. 496. Directors jointly and severally liable for debts and contracts till payment in of full capital stock. 1864, 229, 6. 1871, 381. I 7. P. S. 113, 14, R. L. 112, 19. [See Savage- Shaw decision, May 16, 1907.] the directors may transfer the rights under such subscription to any person who subscribes for the same and pays the assess- ments due, or may order the treasurer, after giving notice of the sale, to sell such shares by public auction to the highest bidder, and, upon the payment by him to the company of the unpaid assessments, of interest to the date of sale and of the charges of the sale, the shares shall be transferred to him. If, within thirty days after the sale, the purchaser does not make said payment to the company, the sale shall be cancelled, and the subscriber shall be liable to the company for the unpaid assessments, the interest thereon, and the charges of sale. If the amount so paid by the purchaser to the company is more than the amount for which the shares were sold, the subscriber shall be liable to the purchaser for the deficiency; if it is less, the purchaser shall be liable to the subscriber for the surplus. If a subscriber neglects to pay his assessment for thirty days, as above provided, the directors may elect to proceed by an action at law against said delinquent subscriber to recover all amounts due and payable by him with interest. If a judgment rendered in an action against a subscriber remains unsatisfied for thirty days, all amounts previously paid by him shall be forfeited to the company, and the directors may offer such shares for sale as above provided. SECTION 28. A street railway company shall not begin to build its railway until it shall have filed in the office of the secretary of the commonwealth a certificate, signed and sworn to by its president, treasurer, clerk and a majority of its directors, stating that the amount of its capital stock has been unconditionally subscribed for by responsible parties, and that fifty per cent of the par value of each share thereof has been actually paid in in cash. SECTION 29. The directors of a street railway company shall be jointly and severally liable, to the extent of its capital stock, for all its debts and contracts, until the whole amount of its capital stock as originally fixed by its agreement of associa- tion, or if a chartered company, by its directors, and authorized by the board of railroad commissioners, shall have been paid in, and until a certificate stating the amount thereof so fixed and paid in shall have been signed and sworn to by its presi- dent, treasurer, clerk and a majority of its directors, and filed in the office of the secretary of the commonwealth. CORPORATE POWERS. SECTION 30. A street railway company, incorporated under Powers to cease, if rail- way is not built the laws of this commonwealth, shall have authority, subject within eight- . . . , 1 j een months to the provisions or this chapter, to construct, maintain and certmcat! of operate a street railway, but, if such company does not build u n niels,etc lon> and put in operation its railway within eighteen months after a 5 !.' 63 8 ' HO. the date of its certificate of incorporation, its corporate powers iln' !ii' 1 12 sna N cease, unless the board of railroad commissioners, after PART III. OF STREET RAILWAY COMPANIES. 185 public notice and a hearing, shall extend said time by a certifi- |; }}|; f fjj; cate, stating that in its judgment due diligence has been exer- 1910 > 18r - cised by the company, and that public necessity and conven- ience require such extension. SECTION 31. A street railway company, which, by its charter Extension of or certificate of incorporation, or by special act, is authorized wrSority to to construct, maintain and operate a street railway in any city way or town in this commonwealth, and which has constructed its R 89 L. n|; 92 . railway therein, may, subject to the provisions of the general mo > 187 - laws relative to the location, construction and operation of street railways, extend its railway into such other cities and towns in this commonwealth as the board of railroad commis- sioners shall, upon the application of such company, and after public notice and a hearing, certify that the public necessity and convenience require. An attested copy of such certificate shall, within three days after the granting of the same, be filed by said board in the office of the secretary of the commonwealth. SECTION 32. A street railway company whose petition for a Connecting location, necessary, in the judgment of the board of railroad isoU'^s, u. commissioners, to furnish proper transportation facilities be- R- L- 112 ' * 11- tween two cities, or two towns, or a city and town, has in whole or in part been granted or refused, or has been neither granted nor refused within three months after the filing thereof, may, within thirty days of such grant or refusal of a location, or of the expiration of said three months, apply to the board of rail- road commissioners for such location. If it shall appear at a hearing on said application, after such notice to the board of aldermen or the selectmen, and to all persons who own real estate which abuts upon any way in which such location was asked for, by publication or otherwise, as the board of railroad commissioners may order, that the company has already been granted and has accepted locations for a street railway in two cities, or two towns, or a city and town, adjoining the city or town in which such location has been asked for, or has already been granted and has accepted locations for a street railway in two adjoining cities, or two adjoining towns, or an adjoining city and town, and that a location is necessary to connect such existing locations, the board of railroad commissioners may, if it finds that public necessity and convenience so require, enter a decree granting a connecting location. In granting the 'loca- tion said board may prescribe the appliances and impose the conditions and obligations which are specified or referred to in section seven relative to the granting of original locations. Such location shall be the true location, if, within thirty days after the issue of notice to the company of the entry of said decree, the directors shall file a written acceptance of such loca- tion with the board of railroad commissioners; otherwise, said location shall be void. SECTION 33. A street railway company may purchase and Real and per- v u i i j , i sonal estate; nold such real and personal estate as may be necessary or con- stock and 186 PART III. OF STREET RAILWAY COMPANIES. domestic street ven i en ^ ^ or the operation of its railway; but it shall not, except railway com- as provided in section fifty-three, directly or indirectly, sub- ized under scribe for, take OT hold stock OT bonds of a street railway com- ise^sQr? is. pany which is organized under the general laws unless specially i87i, 38i, 13. go authorized by the general court. 1874, 29, 10. P. S. 113, 18. R. L. 112, 26. relortT 3 SECTION 34. A street railway company may, except in the R 89 L. 112, 76. city of Boston, with the approval of the board of railroad com- sisMasa. 689. missioners, acquire, hold, maintain and equip land for purposes of recreation and for pleasure resorts. Admission to the grounds of such pleasure resorts shall be free, subject to such re- strictions as may, with the approval of said board, be imposed by the board of aldermen of cities or the selectmen of towns in which such grounds may be situated. Said company shall not sell intoxicating liquors nor allow them to be sold on said grounds; nor shall it sell said land without the approval of the board of railroad commissioners. i864, V 229?| e 34. SECTION 35. A street railway company may use electricity, p 87 s.' ii3, 1 39! or sucn ther motive power, other than steam, as the board of 112, 51. railroad commissioners may permit. compani'e" g SECTION 36. A street railway company may permit another tracks" 86 street railway company to operate cars over its tracks to such R 88 L. 1 12', 1 78. extent and under such rules and regulations as the board of ' 487 ' ra il roa d commissioners shall determine to be consistent with public safety. Acts of 1911, Chapter 487. An Act relative to the Joint Use of Tracks by Street Railway Companies. street 'railway SECTION 1. The board of railroad commissioners shall have authority, tracks. upon the petition of a street railway company or of any interested party, after notice and a public hearing, to determine the reasonable conditions which shall govern the interchange of traffic and cars between street rail- way companies, and may, wherever it is reasonable and consistent with the public interest, order a street railway company to receive and convey over its tracks the cars of another such company at such times and over such routes and upon such terms, including reasonable compensation, as the board may prescribe : provided, however, that a street railway company shall have control of and responsibility for the management and operation of all cars while upon its railway as fully as if it owned them. Said board may also recommend such joint rates, fares and charges as are consistent with the provisions of any special charter of any street railway company, specifying at the same time and in every instance the part of the joint rate, fare or charge to which each street railway company affected thereby shall be entitled, and may make such other recommendations as seem appropriate to the circumstances of each particular case. The supreme judicial court or the superior court shall have jurisdiction in equity to enforce any orders made by said board under the provisions of this act. SECTION 2. This act shall take effect upon its passage. [Approved May 27, 1911. PART III. OF STREET RAILWAY COMPANIES. 187 Acts of 1910, Chapter 596. An Act to authorize the Use by Street Railway Companies of Tracks of Railroad Corporations. SECTION 1. A street railway company, with the consent of a railroad Street railway companies corporation owning tracks, may, to such extent and subject to such terms may, in cer- and regulations as the board of railroad commissioners may approve or operate cars prescribe, operate cars upon and over such tracks of said railroad corpora- ov . er tracks of . . railroad cor- tion as are equipped for operation by the electric system of motive power, porations. and may connect its own tracks with the tracks of such railroad in such above 911 ' 487 ' manner as may be agreed upon by the two companies and approved by the board of railroad commissioners. SECTION 2. This act shall take effect upon its passage. [Approved June 9, 1910. SECTION 37. A street railway company may allow street , s . treet sprmk- . . 11- lmf! cara - sprinkling cars or similar apparatus to be used upon its tracks, 1897,315. may furnish the motive power and use of tracks or other facili- ISQ Mass.' 431. ties, and may make contracts therefor; but the provisions of this section shall be operative only to such extent and subject to such regulations and restrictions as the board of railroad commissioners, having regard to the necessities of public travel, may approve. SECTION 38. A street railway company may, with the con- Gravel, etc., sent of the board of aldermen of a city or the selectmen of a isos, 323. town, convey in cars over its tracks snow, ice, stones, gravel, fgdlj; III'. 5 55 ' dirt, or street sweepings, taken from any street or way over or 19 Ma88 - 53a through which its tracks are located, for the purpose of keeping said street or way in proper condition for travel, or may convey to any point on its line, or deliver to any connecting line or any other street railway company, necessary material for use in the construction, grading, repairing or improving of any street or way in any city or town, or of any state highway, whether on the line of any street railway company or not, and may make contracts with cities, towns, the Massachusetts highway com- mission, and with other street railway companies for the trans- portation of such material. SECTION 39. A street railway company may convey in cars Coal and other over its tracks coal and other supplies for its own use. SECTION 40. A street railway company may carry the Carriers of United States mail. So!', 254. R. L. 112, 75. TRANSPORTATION OF MILITARY SUPPLIES. Acts of 1909, Chapter 118. An Act to authorize the Transportation of Military Supplies and Equip- ment over the Lines of Street Railway, Electric Railroad and Elevated Railway Companies. SECTION 1. All street railway, electric railroad, and elevated rail- Transporta- ... , , , . . . . tion of military way companies within the commonwealth are hereby authorized to supplies, etc. transport military supplies and equipment over their respective lines, and from and to any point thereon, subject only to the supervision of, 188 PART III. OF STEEET RAILWAY COMPANIES. and cream Extended, 1909, 118. and to such regulations as may be imposed by, the board of railroad commissioners. SECTION 2. This act shall take effect upon its passage. [Approved February 26, 1909* Acts of 1908, Chapter 278. An Act to authorize Street Railway Companies to transport Milk and Cream. SECTION 1. All street railway companies within the commonwealth are hereby authorized to transport milk and cream over and upon their . ,. . .. * . r respective lines of railway and from and to any point thereon, subject only to the supervision of and to such regulations as may be imposed by the board of railroad commissioners, any restrictions upon the right of said companies to transport milk and cream heretofore imposed under any existing laws or charters to the contrary notwithstanding. SECTION 2. This act shall take effect upon its passage. [Approved March 25, 1908. Carriers of baggage and freight, etc. 1903, 202. 1904, 441. Superseded, 1907, 402. [See below.] See 1902, 888; 1908, 278; 1909, 118. [SECTION 41. A street railway company may become a com- mon carrier of newspapers, baggage, express matter and freight in such cases, upon such parts of its railway, and to such extent, in any city or town as, after public notice and a hearing upon the petition of the president or a majority of the directors of the company or any interested party, the board of aldermen or the selectmen, in such city or town, shall by order approve: provided, that a company shall actually engage in the business of a common carrier under authority of this section only in such of the cases, upon such of the parts of its railway, and to so much of the extent, approved as aforesaid, as the board of rail- road commissioners shall certify, after public notice and a hearing upon the petition of the president or a majority of the directors of the company or any interested party, that public necessity and convenience require; and provided, further, that any company acting under authority hereof shall be subject to such regulations and restrictions as may from time to time be made by the local authorities aforesaid, with the approval of the board of railroad commissioners, and shall also be subject to the provisions of all laws now or hereafter in force relating to common carriers so far as they shall be consistent herewith and with said regulations and restrictions.] * Under date of April 13, 1909, the Board of Railroad Commissioners established the following regulations for the transportation of military supplies and equipment: 1. The exercise of the authority granted by the above act shall in no way alter or abridge the duties and obligations of the company relative to the transportation of passengers, nor in any way interfere with the conduct of the passenger service, except in cases of emergency and of military necessity. 2. All military supplies and equipment shall be transported in suitable cars, to be provided with proper brakes and safety appliances and (except as regards cars other than the first car on any train) with proper fenders, and to be run at no time at a higher rate of speed than that at which the company operates passenger cars. 3. The transportation of explosives is prohibited. 4. Companies shall be subject to such further regulations and restrictions as the public interest may from time to time require. PART III. OF STREET RAILWAY COMPANIES. 189 Acts of 1907, Chapter 402. An Act relative to Street Railway Companies acting as Common Carriers. SECTION 1. A street railway company may become a common carrier Carriers r i_ i * i j. L. f baggage of newspapers, baggage, express matter and freight in such cases, upon and freight, such parts of its railway, and to such extent, in any city or town, as, ^ 3 202 after public notice and a hearing, upon the petition of any interested W04l*4i. party, the board of aldermen or the selectmen in such city or town and Part'in, 41. the board of railroad commissioners shall by order approve. If the See 1908> S78 - board of aldermen or selectmen to whom such a petition is presented act adversely thereon or fail to act within sixty days from the date of the filing of such petition the petitioner or any interested party may file such petition with the board of railroad commissioners, who shall after public notice and a hearing determine whether public necessity and convenience require the granting of such petition and shall make an order dismissing such petition or requiring any street railway company named in such petition to act as such common carrier in such cases, upon such parts of its railway and to such extent, and under such regu- lations and restrictions, as in the opinion of said railroad commissioners public necessity and convenience require. Any street railway company acting under authority hereof shall be subject to such regulations and restrictions as may from time to time be made by the local authorities aforesaid, with the approval of the railroad commissioners, and shall also be subject to the provisions of all laws now or hereafter in force relating to common carriers so far as they shall be consistent herewith and with said regulations and restrictions. The authority conferred upon any street railway company by virtue of the provisions of this act may at any time be revoked or terminated in any city or town or upon any part of its railway, by the board of aldermen or selectmen with the approval of the board of railroad commissioners. SECTION 2. Section forty-one of Part III. of chapter four hundred j^/// 3 's n and sixty-three of the acts of the year nineteen hundred and six is hereby repealed.' repealed. [Approved May 10, 1907. Acts of 1913, Chapter 223. An Act relative to the Law of the Road. SECTION 1. Chapter fifty-four of the Revised Laws, entitled "Of the R. L. 54 Law of the Road", is hereby amended by adding at the end thereof the amended - following new section, to be numbered five: Section 5. For the purposes of this act and in construing rules, by-laws and regulations concerning the use and operation of vehicles on the streets and ways in this common- wealth, street railway cars or other cars moving upon rails shall not be considered to be vehicles unless it is otherwise expressly so provided. SECTION 2. This act shall take effect upon its passage. [Approved March 6, 1913. LAND. SECTION 42. Except as provided in this act, and except for Private land, the purpose of reaching its car barns or repair shops, and of 3 1 . f 4 503 ' reaching and providing convenient terminals in parks and pleas- mWali' loo 9 ' ure resorts situated upon the line of its railway, and of reach- f ing its freight yards and terminals and of maintaining spurs and f sidings, and for other purposes incident to performing the busi- ness authorized by chapter four hundred and two of the acts of 190 PART III. OF STREET RAILWAY COMPANIES. 1906, 463, Part III, 42. amended. Rights of street railway companies over private land, etc. the year nineteen hundred and seven, a street railway company shall not, unless authorized by special act of the general court, construct or operate any part of its railway outside the limits of a public highway, street or bridge; but a street rail- way company which, prior to the fourteenth day of June in the year nineteen hundred and one, without special legislative authority therefor constructed any part of its railway upon private land, with the consent of the owners of such land, or upon land leased or purchased by such company, or which prior to said date purchased or leased land for the purpose of constructing its railway thereon, or which prior to said date after public notice and a hearing obtained the approval of the board of aldermen of a city or of the selectmen of a town to the construction of a part of its railway upon private land within such city or town, and prior to said date actually with the consent of the owners of the land began, or obtained their consent to begin, such construction, may construct, maintain and operate its railway upon such private land, subject however to the provisions of this act conferring upon the board of rail- road commissioners control over street railways constructed upon private land. Acts of 1910, Chapter 551. An Act relative to Locations of Street Railway Companies upon Private Land. Section forty-two of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by inserting after the word "railway", at the beginning of the fifth line, the words : and of reaching its freight yards and terminals, and of maintaining spurs and sidings, and for other purposes incident to per- forming the business authorized by chapter four hundred and two of the acts of the year nineteen hundred and seven, so as to read as follows : Section 42. Except as provided in this act, and except for the purpose of reaching its car barns or repair shops, and of reaching and providing convenient terminals in parks and pleasure resorts situ- ated upon the line of its railway, and of reaching its freight yards and terminals, and of maintaining spurs and sidings, and for other purposes incident to performing the business authorized by chapter four hundred and two of the acts of the year nineteen hundred and seven, a street railway company shall not, unless authorized by special act of the general court, construct or operate any part of its railway outside the limits of a public highway, street or bridge; but a street railway company which, prior to the fourteenth day of June in the year nineteen hundred and one, without special legislative authority therefor constructed any part of its railway upon private land, with the consent of the owners of such land, or upon land leased or purchased by such company, or which prior to said date purchased or leased land for the purpose of constructing its railway thereon, or which prior to said date after public notice and a hearing obtained the approval of the board of aldermen of a city or of the selectmen of a town to the construction of a part of its railway upon private land within such city or town, and prior to said date actually with the consent of the owners of the land began, or obtained their con- sent to begin, such construction, may construct, maintain and operate its railway upon such private land, subject however to the provisions PART III. OF STREET RAILWAY COMPANIES. 191 of this act conferring upon the board of railroad commissioners control over street railways constructed upon private land. [Approved May 23, 1910. SECTION 43. A street railway company, organized under the Location by laws of this commonwealth, or in process of organization there- Pease on* under, having first obtained the approval of the board of alder- men of the city or of the selectmen of the town in which private land is situated to the construction of its railway thereon, may, for the purpose of avoiding grades and curves in public ways, and for such other purposes incidental to the use of such ways, as the board of railroad commissioners may in the manner hereinafter provided approve, petition said board for authority to construct and maintain parts of its railway or extension thereof upon such private land outside the limits of such public ways. The company in such petition shall set forth the pur- pose for which such authority is desired in each case, and shall file with the petition a plan, in such form and upon such scale as the board of railroad commissioners may prescribe, of the railway or extension, and of the localities where it is de- sired to construct the same upon private land, and said board, after public notice and a hearing, if it is satisfied that public necessity and convenience demand that parts of the railway or extension should be built outside the limits of public ways, substantially on the private land selected, and that the approval of the board of aldermen or of the selectmen of the city or town in which the land is situated has been obtained as afore- said, may authorize the petitioner to construct and operate its railway or extension upon and over private land, and for that purpose to purchase or lease private land or rights therein and thereover, in such cases and to such extent as said board is of opinion that public necessity and convenience in the construc- tion and operation of the railway or extension require. Said board in granting such authority may determine the kind of construction to be used, the grade and alignment of the tracks, and may order such special appliances to be furnished and such safeguards to be adopted in the construction and opera- tion of the railway or extension upon private land as, in its judgment, regard for public necessity, convenience and safety demands. SECTION 44. A street railway constructed upon private land Regulation of i 11 i i i ii- -1 i i i construction or shall not be opened tor public use until the board of railroad operation on commissioners, after an examination, certifies that all laws isoi* 503, n 2. relative to its construction and all requirements of said board R have been complied with, and that it appears to be in a safe condition for operation. Said board may, at any time after the opening of a street railway for public use, order such changes and improvements to be made in the construction and operation of any part thereof upon private land as in its judgment may be necessary for public safety in the use thereof; and such order shall be complied with by the street railway company. 192 PART III. OF STREET RAILWAY COMPANIES. Provisions of law applicable. 1898, 404, 5. R. L. 112, 60, Location by eminent domain on private land. 1903, 476, 1. 213 Mass. 60. Map, profile, estimate, etc. [For 17 of Part II, see p. 52\ Same subject. 1903, 476, 2. SECTION 45. A street railway company, whose railway is constructed in part outside the limits of public ways, shall, in respect of the equipment, use and operation of its railway and transportation thereon, be subject to all the provisions of law relative to street railway companies, as fully as if its railway were located wholly within the limits of public ways. SECTION 46. A street railway company, organized under the laws of this commonwealth, may apply to the board of aldermen of a city or to the selectmen of a town in which it desires to take land, for an adjudication that public necessity and convenience require that certain land, or interests in land, as described in its petition, and for the specific purpose therein stated, be taken by such company, to enable it, in constructing its street railway, or extension thereof, to avoid dangerous curves or grades existing in the highways, or for other similar purposes incident to and not inconsistent with its corporate franchise of operating a railway to accommodate public travel in public ways. If .the board to which such application is made finds in favor of the petitioner, after such public notice and hearing as are required by law in the case of the grant of locations for street railways in public ways, the company may, upon complying with the provisions prescribed for railroad cor- porations by section seventeen of Part II, apply to the board of railroad commissioners for a certificate that public necessity and convenience require the construction of the railway be- tween the termini and substantially upon the route fixed by the agreement of association in case of a company organized under the general laws and by the charter of a company created by special statute, or of the extension substantially on the loca- tions already granted therefor, and for approval of the adjudi- cation of the board of aldermen or of the selectmen as to the necessity and reasons for taking land or rights in land in every city or town in which such adjudication has been made. If the board of railroad commissioners, after public notice and a hearing, at which all persons or corporations alleging that they would be injured by the construction of the railway shall be deemed to be interested parties and entitled to be heard, grant the certificate as prayed for, the petitioner may take in any city or town, in the manner provided in the following section, any land or rights in land the taking of which has so been approved by said board. SECTION 47. A street railway company acting under au- thority of the preceding section shall be subject to all the pro- visions of sections seventy-one, seventy-four, eighty-two to one hundred, inclusive, one hundred and one to one hundred and three, inclusive, and one hundred and six of Part II, and, if its railway crosses a public way or another street railway, except where its railway is constructed within the limits of another public way crossing such way or street railway, it shall also be subject to all the provisions of sections one hundred and seven to one hundred and twelve, inclusive, and of sections one hun- PART III. OF STREET RAILWAY COMPANIES. 193 dred and forty-nine to one hundred and fifty-four, inclusive, of said chapter: provided, however, that wherever by said sections Proviso. any jurisdiction is conferred upon a board of county commis- sioners, the same shall in the case of a street railway company be exercised by the board of aldermen of the city or by the selectmen of the town in which the land or other property pro- posed to be taken is situated. SECTION 48. A street railway company authorized to con- Location struct its railway at grade across a public way in any place fcSSS^ where such crossing is not a part of the crossing of such way 1903> 476> 3 - by another public way, and incident to the construction of the street railway longitudinally within the limits of such other public way, shall, in any proceedings hereafter begun for the abolition of such grade crossing be considered as a railroad cor- poration under the provisions of sections twenty-nine to forty- five, inclusive, of Part I, if such company has taken any land or other property under authority of the preceding two sections; and it may bring a petition, or be made a respondent to any petition brought by any of the other parties named in said acts, in the same way and be subject to the same liabilities as if it were a railroad corporation. SECTION 49. The provisions of the three preceding sections same subject. shall not be construed as enlarging the extent or purposes for 1903> 476> which a street railway may be constructed or operated outside the limits of public ways as defined and limited in sections forty-two and forty-three. SECTION 50. If the city council of a city or a town accepts Reserved the provisions of this section or has accepted the corresponding u^waVs pub ' provisions of earlier laws, the board or officers authorized to ^ 89 - 3 | 4 - 85 lay out streets, highways or town ways may, whether any such 191 Mass. 527. street, highway or town way is laid out under the provisions of law authorizing the assessment of betterments or otherwise, re- serve spaces between the side lines thereof for street railways. PROTECTION AND MARKING OF WIRES. Revised Laws, Chapter 122, 16, 17. SECTION 16. A person or a corporation, private or municipal, owning or operating a line of wires over or under streets or buildings in a city concerning , ,, , , , , , 11, wires in citie or town shall use only strong and proper wires safely attached to strong and towns. and sufficient supports and insulated at all points of attachment; shall Hgg'ta^f 1' remove all wires the use of which is abandoned; shall properly insulate * 61 Mass.' 583. i ., , ,, , , , . . ,, 178 Mass. SOS. every wire where it enters a building, and, if such wire is other than a iss Mass. 214, wire designed to carry an electric light, heat or power current, shall attach S18 - 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 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 enter- ing 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. 194 PART III. OF STREET RAILWAY COMPANIES. see p. 196. Srs to be [SECTION 17. Such person or corporation shall, in cities, affix at the attached. points of support at which any wire or cable containing wires provided 1899! 320- 337, for in the preceding section is attached, a tag or mark distinctly designat- Amended m S * ne owner or user of such wire or cable. No such tag or mark shall 1911, 609, s; 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 belong- ing 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.] R. L. 122, i, amended. Transmission of electricity. R. L. 122, 2, etc., amended. Granting of locations for poles and wires, etc. Increase in number of poles and wires, etc. Acts of 1911, Chapter 509. An Act relative to the Transmission of Electricity. SECTION 1. Chapter one hundred and twenty-two of the Revised Laws is hereby amended by striking out section one and inserting in place thereof the following : Section 1 . A company which is incor- porated for the transmission of intelligence by electricity or by telephone, whether by electricity or otherwise, or for the transmission of electricity for lighting, heating or power, or for the construction and operation of a street railway or an electric railroad, may, under the provisions of the following sections, construct lines for such transmission upon, along, under and across the public ways and across and under any waters within the commonwealth, by the erection or construction of the poles, piers, abutments, conduits and other fixtures, except bridges, which may be necessary to sustain or protect the wires of its lines; but such company shall not incommode the public use of public ways or endanger or interrupt navigation. SECTION 2. Section two of chapter one hundred and twenty-two of the Revised Laws, as amended by chapter two hundred and thirty-seven of the acts of the year nineteen hundred and three, and by chapter one hundred and seventeen of the acts of the year nineteen hundred and six, is hereby further amended by striking out said section and inserting in place thereof the following : Section 2. A company desiring to construct a line for such transmission upon, along, under or across a public way shall in writing petition the mayor and aldermen of the city or the select- men of the town in which it is proposed to construct such line for permission to erect or construct upon, along, under or across said way the wires, poles, piers, abutments or conduits necessary therefor. A public hearing shall be held on the petition, and written notice of the time and place of the hearing shall be mailed at least seven days prior thereto by the clerk of the city or by the selectmen of the town to all owners of real estate abutting upon that part of the way upon, along, across or under which the line is to be constructed, as such ownership is determined by the last preceding assessment for taxation. After a public hearing as aforesaid, the mayor and aldermen, or the selectmen may by order grant to the petitioner a location for such line, specifying therein where the poles, piers, abutments or conduits may be placed, and in respect to overhead lines may also specify the kind of poles, piers or abut- ments which may be used, the number of wires or cables which may be attached thereto, and the height to which the wires or cables may run. After the erection or construction of such line the mayor and aldermen or selectmen may, after giving the company or its agents an opportunity to be heard, or upon petition of the company without notice or hearing, by PART III. OF STREET RAILWAY COMPANIES. 195 order permit an increase in the number of wires or cables, and direct an alteration in the location of the poles, piers, abutments or conduits or in the height of the wires or cables. The mayor and aldermen or selectmen may, upon petition in writing by two or more companies subject to the provisions of this chapter, without notice or hearing, by order authorize any such company to attach its wires and fixtures to existing poles, piers or abutments of either or any of the other petitioners, or to maintain its wires or cables in the conduits of either or any of said other petitioners. The mayor and aldermen or selectmen may, upon petition in writing by two or more companies subject to'the provisions of this chapter, and after notice to abutting landowners and a hearing as hereinbefore provided, by order grant to said companies joint or identical locations for the erection or construction of poles, piers, abutments or conduits to be owned and used in common by them. No order of the mayor and aldermen or select- men shall be required for renewing, repairing or replacing wires, cables, poles, piers, abutments, conduits or fixtures once erected or constructed under the provisions of law, or for making house connections or connections between duly located conduits and distributing poles. The order granting a location or an alteration thereof, or authorizing an Order granting increase in the number of wires or cables or attachments, such as are here- recorded^etc 6 inbefore described, shall be recorded by the clerk of the city or of the town in books kept exclusively for the purpose, and where notice has been given as hereinbefore provided the clerk of the city or the chairman or a majority of the selectmen shall certify on said record that the order was adopted after due notice and a public hearing as hereinbefore prescribed, and no such order shall be valid without such certificate. The company or companies in whose favor the order is made shall pay for such record the same fees as are allowed for the entering and recording of deeds by registers of deeds, and shall be entitled to attested copies of said orders and certifi- cates upon payment of the same fees as are allowed to registers of deeds for copies. The mayor and aldermen or selectmen may under the provisions of this other wires section authorize the attachment of the wires and fixtures of a street railway or electric railroad company to the poles, piers and abutments of another owner, or the attachment of the wires and fixtures of another owner to the poles, piers and abutments of such company, and may grant joint or identical locations for the erection or construction of poles, piers or abutments to be owned and used in common by such company and another owner or other owners, and locations for the transmission lines and telephone, signal and feed wires of such company in public ways or parts thereof, other than those public ways or parts thereof in which the tracks of such company are laid, and locations for additional poles to support, or alterations of locations for existing poles supporting, trolley or span wires; and all locations granted to a street railway or electric railroad company hereunder shall be subject only to revocation as provided in section sixty-six of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six; but nothing contained in this section save as hereinbefore expressly set forth shall be held to apply to the poles, wires and other appliances and equipment which a street railway or electric railroad company, by a grant of location, or extension or altera- tion thereof, under any general or special law now or hereafter in force relating to street railways or electric railroads may be authorized to con- struct, maintain and operate in a public way; and no terms, restrictions and obligations, other than such as may be imposed upon a grant of location for a street railway or electric railroad, or an extension or alteration thereof, under any general or special law now or hereafter in force relating thereto, 196 PART III. OF STREET RAILWAY COMPANIES. shall be imposed upon locations granted to a street railway or electric railroad company hereunder, save locations for its transmission lines or telephone, signal or feed wires in public ways or parts thereof other than those public ways and parts thereof in which the tracks of such company are laid. R. L. 122, 17, SECTION 3. Chapter one hundred and twenty-two of the Revised Laws is hereby amended by striking out section seventeen and inserting in place Poles, etc., to thereof the following: Section 17. Such person or corporation shall etc ma plainly mark each pole, pier, abutment, or other fixture supporting wires or cables containing wires over streets or buildings with the name or ini- tials of the owner of such pole, pier, abutment or other fixture. Wherever cross arms or other appliances for the support of wires or cables belonging to different owners are attached to the same pole, pier, abutment or other fixture, every such cross arm or other appliance shall plainly be tagged or marked with the name or initials of the owner thereof. Wherever wires or cables belonging to different owners are attached to the same cross arm or other appliances for the support of wires or cables, every wire or cable shall be tagged or marked with the name or initials of the owner at or near its point of attachment to such cross arm or other appliance. No such tag or mark shall be required for the wires, poles, piers, abutments and other fixtures of a street railway or electric railroad company, except for its feed wires supported by poles carrying wires or cables belonging to another owner, and for its poles supporting wires or cables belonging to another owner, and for poles belonging jointly to the street railway company and another owner. R. L. 122, 20, SECTION 4. Chapter one hundred and twenty-two of the Revised Laws is hereby amended by striking out section twenty and inserting in place insulation of thereof the following : Section 20. Poles and other structures which poles, etc. are uge( j j. Q SU pp Or t i mes f or the transmission of electricity shall be in- sulated in such manner as to protect employees and other persons from accidents. If such poles and other structures are of any material except wood, and support lines which are operated at a voltage in excess of two thousand volts, they shall be plainly and conspicuously marked " Danger- ous. Keep Away." The officer and inspector of wires appointed under the authority of section eighteen of said chapter one hundred and twenty- two, 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 consti- tutes a proper insulation and marking. R. L. 122, 23, SECTION 5. Chapter one hundred and twenty-two of the Revised Laws is hereby amended by striking out section twenty-three and inserting in Name of cor- place thereof the following: Section 23. A corporation or person main- ?o be 'attached, Gaining or operating telephone, telegraph or other electric wires shall, at e * c - all places where such wires are affixed by any pole, structure or fixture to the property of another, mark such pole, structure or fixture in a clear, durable and legible manner with the name or initials of the corporation or person maintaining or operating such wires, and any corporation or person failing to comply with the provisions of this section shall be pun- ished by a fine of not more than one hundred dollars. R. L. 122, 28, SECTION 6. Chapter one hundred and twenty-two of the Revised Laws is hereby amended by striking out section twenty-eight and inserting in wires may be place thereof the following: Section 28. Whenever, in order to move a building or for any other necessary purpose, a person desires that the wires of any such company be cut, disconnected or removed, the company shall forthwith cut, disconnect or remove the same, if the person desiring this to be done has first left a written statement, signed by him, of the time when, and the place, described by reference to the crossings of streets PART III. OF STREET RAILWAY COMPANIES. 197 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. If the company neglects or refuses to cut, disconnect or remove wires as hereinbefore provided, the inspector of wires, or the selectmen of a town where there is no inspector of wires, may cause the same to be cut, disconnected or removed, and the city or town may recover of the company in an action of contract the expense of so doing. SECTION 7. No ordinance or regulation of a city or town, or regulation when ordi- or restriction imposed in a grant of location, affecting the erection, main- i^oo. shall 811 ' tenance or operation of a line for the transmission of electricity for light, take effect, heat or power extending or intended to extend from some point in one city or town through, or to some point in another city or town, shall take effect until the same shall have been approved by the board of gas and electric light commissioners in the case of electric light, heat or power companies, and by the board of railroad commissioners in the case of street railway and electric railroad companies. SECTION 8. Any company subject to the provisions of chapter one Duties of the hundred and twenty-two of the Revised Laws, except a telegraph or tele- ught^ommis 1 -" phone company, desiring to construct a line for the transmission of elec- sioners, etc. tricity which will of necessity pass through one or more cities or towns to connect the proposed termini of such line, whose petition for the location necessary for such line has been refused, or has not been granted within three months after the filing thereof by the mayor and aldermen of a city or the selectmen of a town through which said company intends to con- struct such line for the purpose aforesaid, may apply, in the case of elec- tric light, heat or power companies to the board of gas and electric light commissioners, and in the case of street railway and electric railroad companies to the board of railroad commissioners, for such location. The Hearing to board to which such application is made shall give a public hearing thereon be glven ' after notice to the mayor and aldermen of the city or to the selectmen of the town refusing or neglecting to grant such location, and to all persons owning real estate abutting upon any way in said city or town in which such location is asked for, as such ownership is determined by the last assessment for taxation. Said board shall, if requested by the mayor and aldermen or the selectmen, hold said hearing in the city or town in which the location is asked for. If it shall appear at the hearing that the com- pany has already been granted and has accepted a location for such line in two cities, or in two towns, or in a city and town, adjoining the city or town because of the refusal or neglect of whose mayor and aldermen or selectmen to grant a location therefor the application is made, and if in the judgment of said board the location is necessary for the public con- venience, and will be in the public interest, said board may by order grant a location for such line in the city or town with respect to which the application is made, and shall have and exercise relative thereto the same powers and authority conferred by section two of this act upon the mayor and aldermen or selectmen, and in addition to the provisions of law gov- erning such company may impose such other terms, limitations and re- strictions as the public interest may in its judgment require. Said board Copy of order shall cause an attested copy of its order, with the certificate of its clerk, wardedto endorsed thereon, that the order was adopted after due notice and a cl^ 8 f public hearing as hereinbefore prescribed, to be forwarded to the clerk of towns, the city or of the town, as the case may be, and the clerk of the city or 198 PART III. OF STREET RAILWAY COMPANIES. Penalty for unlawful diversion of electricity, etc. 1895, 330. Amended by 1908, 848. R. L. 121, 40, amended. of the town shall record the same and shall furnish attested copies thereof upon the terms and in the manner specified in section two of this act. SECTION 9. This act shall take effect upon its passage. [Approved June 2, 1911* Revised Laws, Chapter 121, 40. SECTION 40. Whoever unlawfully and intentionally injures or de- stroys, or suffers to be injured or destroyed, any meter, pipe, conduit, wire, line, pole, lamp or other apparatus belonging to a street railway company, an electric railroad company or a corporation, private or munici- pal, or company engaged in the manufacture or sale of electricity for lighting purposes, or unlawfully and intentionally prevents an electric meter from duly registering the quantity of electricity supplied, or in any way interferes with its proper action or just registration, or, without the consent of such corporation or company, unlawfully and intentionally diverts any electric current from any wire of such corporation or company, or otherwise unlawfully and intentionally uses or causes to be used, with- out the consent of such corporation or company, any electricity manu- factured or distributed by such corporation or company, shall, for every such offence, be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. Acts of 1908, Chapter 243. An Act to protect Street Railway Companies, Electric Railroad Companies and Municipalities engaged in the Manufacture or Sale of Electricity for Lighting Purposes from the Unlawful Use of or Diversion of Elec- tricity from their Wires. Section forty of chapter one hundred and twenty-one of the Revised Laws is hereby amended by inserting after the word "to", in the third line, the words : a street railway company, an electric railroad com- pany or, and by inserting after the word "corporation", in the fourth line, the words: private or municipal, so as to read as follows: Section 40. [For Jfl as amended, see above.] DESTRUCTION OF LINE, WIRE, POLES, ETC. Acts of 1908, Chapter 233. An Act to extend the Provisions of Section Twenty-seven of Chapter One Hundred and Twenty-two of the Revised Laws to Street Railway Companies, Electric Railroad Companies and Municipalities engaged in the Manufacture and Sale of Electricity, and to increase the Penalty therein provided in Certain Cases. R- L- 122, 27, Section twenty-seven of chapter one hundred and twenty-two of the Revised Laws is hereby amended by inserting after the word "property", J Q ^e ^ n j r( j } me; ^ ne WO rds : of any street railway company, of any electric railroad company, or of any city or town engaged in the manu- facture and sale of electricity for light, heat or power or, and by add- ing at the end thereof the words: 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, so as to read Fft.L. iss, 1 27, see p. sss. * For full text of Revised Laws, chapter 122, as amended, see last section of this compilation, pages 274 to 283. PART III. OF STREET RAILWAY COMPANIES. 199 as follows: Section 27. Whoever unlawfully and intentionally injures, Destruction , - ,..,. , 4.1. of wires, poles, molests or destroys any line, wire, pole, pier or abutment, or any ot the etc. Penalty. materials or property of any street railway company, of any electric rail- road 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 who- ever 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 imprison- ment for not more than four years, or by both such fine and imprison- ment. [Approved March 18, 1908. LEASE OR SALE OP RAILWAY. SECTION 51. A street railway company shall not lease or ^lelsedTr* to contract for the operation of its railway for a period of more sold, except, than ninety-nine years without the consent of the general court, 1864, 229, 24. nor, except as provided in the three following sections, shall it p. s.' m', f 56. sell its railway unless authorized so to do by its charter or by R 89 L: ill; f Is. special act of the general court. 157 Mass. 39. 173 Mass. 287. i27 A j&. 6 ib4. SECTION 52. A street railway company incorporated under Sale or the laws of this commonwealth may sell and convey the whole i897269,Ti. or a part of its franchise and property to, or may consolidate iw itau'.*89.' with, any other such street railway company whose railway l 6 9 $"**; f/f; connects with, intersects or forms a continuous line with its f$'i?ss7 by own, if the facilities for travel on the railway of each of said ? el91 ?: 6 4& i< i i 1 i> [For section 67, companies shall not be thereby diminished, or the rates of fare Part T > see increased, and such other company may purchase of or con- solidate with it as aforesaid; but such purchase and sale or consolidation shall not be valid or binding until its terms have been agreed to by a majority of the directors, and have been approved, at meetings called for the purpose, by a vote of two thirds in interest of the stockholders of each of the contracting companies, and by the board of railroad commissioners as re- quired by section sixty-seven of Part I. Whenever a street ^^ ^ n railway company sells and conveys the whole or a part of its way.com- franchise and property to, or consolidates with, any other street P ' railway company, every stockholder of both the purchasing or consolidated company and of the selling company shall be deemed to assent to the terms of purchase and sale or of consolidation, when approved by the board of railroad commissioners in accord- ance with any provisions of law requiring such approval, unless, within thirty days after the date of such approval, he shall file with the clerk of said board a writing, declaring his dissent from said terms and stating the number of shares held by him and the number of the certificate or certificates evidencing the same: pro- Proviso. vided, however, that, as against any stockholder under any legal incapacity to act for himself and having no legal guardian, said period of thirty days shall not begin to run until the removal of such incapacity by the appointment of a legal guardian, or other- 200 PART III. OF STREET RAILWAY COMPANIES. Valuation of shares of dis- senting stock- holders, etc. Commission- ers' report to be final and conclusive, etc. Exceptions. wise. The shares of any stockholder so dissenting, shall be ac- quired by the purchasing or consolidated company, and shall be valued, and the value thereof be paid or tendered to, or deposited to or for the account of, such stockholder in the manner following: Within sixty days after the filing as aforesaid of his dissent from the terms of such sale or consolidation, the said dissenting stock- holder or the purchasing or consolidated company shall file a petition with the supreme judicial court, sitting within and for the county in which said stockholder resides or in any county in which said company operates any part of its railway, which petition, if filed by the company in a county other than that of the stockholder's residence, may upon his application be removed to the county in which the said stockholder resides, setting forth the material facts and praying that the value of such dissenting stockholder's shares may be determined. Thereupon, after such notice to all parties concerned as it may deem proper, said court shall make an order requiring such dissenting stockholder's cer- tificate or certificates of stocks to be deposited with the clerk of said court, and shall appoint three commissioners to ascertain and report the value of such dissenting stockholder's shares on the day of the approval by the board of railroad commissioners of the terms of the agreement of purchase and sale or consolidation. Said report shall be made to the court as soon as is practicable, and, after due notice to the parties in interest, shall be accepted by the court, unless before such acceptance either of the parties to said proceeding shall claim a trial by jury, in which case the court shall order the value of said shares to be tried and determined by a jury in the same manner as other civil cases are tried in said court. The said commissioners' report, or the verdict, when accepted by the court, shall be final and conclusive as to the value of such dissenting stockholder's shares, and the amount so ascer- tained as such value shall at once be paid or tendered to such stockholder; or, if such payment or tender be impracticable for any cause, shall be paid into court. Upon such payment or tender or deposit, the shares of such dissenting stockholder and the certificate or certificates thereof shall become the property of the purchasing or consolidated company, whose right and title thereto may be enforced by the court by any appropriate order or process. Exceptions may be taken to any ruling or order of said court, to be heard and determined by the full court as in other civil cases; and said court may make all such orders for the en- forcement of the rights of any party to the proceedings, for the consolidation of two or more petitions and their reference to the same commissioners, for the consolidation of claims for a jury trial and the trial of two or more cases by the same jury, and for the payment of interest upon the value of a stockholder's share as determined, and the payment of costs by one party to the other, as justice and equity, and the speedy settlement of the matters in controversy may require. PART III. OF STREET RAILWAY COMPANIES. 201 Acts of 1911, Chapter 357. An Act relative to the Dissent of Stockholders when Street Railway Com- panies sell their Franchises and Property or consolidate with Other Companies. SECTION 1. Section fifty-two of Part III of chapter four hundred and p^t'inf 52 sixty-three of the acts of the year nineteen hundred and six is hereby amended. amended by adding at the end thereof the following : [For 52, as amended, see above.] SECTION 2. This act shall take effect upon its passage. [Approved April 89, 1911. SECTION 53. The purchasing or consolidated company may, increase of subject to the provisions of section one hundred and seven, in- an^issue^f ' crease its capital stock and issue bonds to an amount necessary i^^eg, 2. for the purposes authorized in the preceding section, and may ^/^ J,^; | ; | 7 exchange its securities for those of the selling or merged com- % 09 Mass - 21 *- pany, if the aggregate amount of the capital stock and debt of the two contracting companies shall not by reason of such pur- chase and sale or consolidation be increased. SECTION 54. Such purchasing or consolidated company shall d^f f nd have the powers and privileges, and be subject to the duties, consolidated liabilities and restrictions, of the company selling or merged, iso?, 269, 3. but, except as provided in this chapter, no right to conduct an SOB Mass. 214. express business or to be a common carrier of merchandise shall, by reason of any such sale or consolidation, be allowed over any location where it had not been granted prior to the tenth day of April in the year eighteen hundred and ninety-seven. Acts of 1910, Chapter 443. An Act relative to the Purchase by Street Railway Companies of Property of Foreign Companies. SECTION 1. A street railway company incorporated under the laws of Purchase of this commonwealth may purchase from any such company incorporated foreign com- under the laws of another state so much of the railway, franchise and ^eeTrafi- property of such other company as is located or used and exercised within wa v com - this commonwealth when the railway of such other company connects p ' with, intersects, or forms a continuous line with that of the purchasing company: provided, however, that the facilities for travel on the railway of each of said companies within this commonwealth shall not thereby be diminished, or the rates of fare increased; and provided, further, that no such purchase shall be valid or binding until the terms thereof have been approved by the board of railroad commissioners, as required by section sixty-seven of Part I of chapter four hundred and sixty-three of For Part I, the acts of the year nineteen hundred and six, and by any other acts ' see p ' applicable to such approval. SECTION 2. This act shall take effect upon its passage. [Approved April 25, 1910. SECTION 55. Two street railway companies, incorporated under the laws of this commonwealth, whose railways connect l^ 8 with or intersect each other or together form a continuous line, 1/2. 202 PART III. OF STREET RAILWAY COMPANIES. R. L. 112, S See 1911, 487; 1912, 644. [For Part I, 67, see p. 43.} Powers under contracts or leases. 1897, 213, 4. R. I,. 112, 90. may contract that either company shall perform all the trans- portation upon and over the whole or any part of the railway of the other; or any such company may lease its franchise, property and railway to any other such company; but the facili- ties for travel on either of the railways of said companies shall not be thereby diminished or the rates of fare increased. Such contract or lease shall not be valid or binding until its terms have been agreed to by a majority of the directors, and have been approved, at meetings- called for the purpose, by a vote of a majority in interest of the stockholders of each of said com- panies, and by the board of railroad commissioners as re- quired by section sixty-seven of Part I. The income arising from such contracts or leases shall be subject to the provisions of law relative to the reduction of fares in the same manner as that arising from the use of the railways. Such railways shall be considered as connecting with or intersecting each other, or forming a continuous line, if one of them connects with or in- tersects or forms a continuous line with a railway leased to or operated by the other under a contract authorized by the pro- visions of this section. SECTION 56. A street railway company which contracts for the operation, or takes a lease, of another railway shall, sub- ject to the terms of such contract or lease, have and enjoy the powers and privileges, and shall be subject to the duties, liabili- ties and restrictions of the company which owns it; but no right to carry on an express business or to be a common carrier of merchandise shall be allowed, except as provided in this act, over any location where it had not been granted prior to the twenty-ninth day of March in the year eighteen hundred and ninety-seven. SECTION 57. A street railway company shall not appropriate for the payment of dividends any money which has been re- ceived from the sale of any portion of its railw r ay, unless it first reduces its capital stock issued, by an amount which, at its par value, is equal to the amount which such portion of its railway cost said company. ISSUE OF SECURITIES BY FOREIGN CORPORATIONS. by"oreign ck compani.es of domestic SECTION 58. If a foreign corporation which owns or con- trols a maiority of the capital stock of a domestic street rail- ill 1 "1 i? " J 1 wa y company issues stock, bonds or other evidences 01 mdebt- edness based upon or secured by the property, franchise or ' stock of such domestic company, unless such issue is author- ized by the law of this commonwealth, the supreme judicial court shall have jurisdiction in equity in its discretion to dis- solve such domestic company. If it appears to the attorney- general that such issue has been made, he shall institute proceedings for such dissolution and for the proper disposition of the assets of such company. The provisions of this section shall not affect the right of foreign corporations, their officers or PART III. OF STREET RAILWAY COMPANIES. 203 agents to issue stock and bonds in fulfilment of contracts ex- isting on the fourteenth day of July in the year eighteen hun- dred and ninety-four. ELECTRICITY. SECTION 59. A city or a town shall not manufacture or dis- cities and tribute electricity for furnishing light, heat or power for the m^a^ure operation of the cars of a street railway company. efeSity 1 for 1891,370,1. R. L. 34, 1. 153 Mass. 129. 163 Mass. 346. operation of 1894, 533. 150 Mass. 592. 155 Mass. 601, 605. cars - SECTION 60. A town in which no person or corporation is Certain towns engaged in the business of generating or distributing electricity dec y tndty for for sale for lighting purposes and which is not itself engaged pogrom 111 " in such business, and which has voted or shall vote, in accord- companies* 87 ance with the provisions of chapter thirtv-four of the Revised r 19 , 02 ' 4 , 4 ?' I- r , , " , [Amended. See Laws, to construct one or more plants tor the manufacture or iwe, sis.] distribution of electricity for furnishing light for municipal use or for the use of its inhabitants, or for both purposes, may make contracts, for a term not exceeding ten years, with any street railway company operating a street railway in such town, for the purchase of electricity from such street railway com- pany, for the purpose of furnishing light for municipal use or for the use of its inhabitants, or for both purposes; and any street railway company may make contracts for furnishing elec- tricity as aforesaid to a town, but the same shall not become operative unless the board of railroad commissioners shall, after public notice and a hearing, approve the terms thereof as con- sistent with the public interests. Acts of 1906, Chapter 218. An Act relative to the Purchase of Electricity by Towns from Street Rail- way Companies. Section one of chapter four hundred and forty-nine of the acts of the 1902, 44:1, i, year nineteen hundred and two is hereby amended by striking out the amended - words "and which is not itself engaged in such business", in the third and fourth lines, and by inserting after the word "light", in the eighth and fourteenth lines, the words: or power, so as to read as follows: Section 1 . A town in which no person or corporation is engaged in the Certain towns business of generating or distributing electricity for sale for lighting pur- e?e c y tr?"ity h from poses, and which has voted or shall vote, in accordance with the provisions street railway of chapter thirty-four of the Revised Laws, to construct one or more cc plants for the manufacture or distribution of electricity for furnishing light or power for municipal use or for the use of its inhabitants, or for both purposes, may make a contract or contracts, for a term not exceed- ing ten years, with any street railway company or companies operating a street railway in such town, for the purchase of electricity from such street railway company or companies, for the purpose of furnishing light or power for municipal use or for the use of its inhabitants, or for both purposes; and street railway companies may make contracts for furnish- ing electricity as aforesaid to a town, but the same shall not become operative unless the board of railroad commissioners shall, after a public hearing, approve the terms thereof as consistent with the public interests. [Approved March 31, 1906. 204 PART III. OF STREET RAILWAY COMPANIES. e?efufchy f SECTION 61. The electricity supplied by a street railway 1902, 449, 2. company to a town shall be delivered to the distributing system of said town at some specified place or places therein, and the meter or meters through which such electricity is measured shall be a part of the distributing system. in case of SECTION 62. If a town voting to purchase electricity from a disagreement, . i i railroad com- street railway company is unable to agree with such company nTpriceo S f at the expiration of a contract made in accordance with the pro- 1902, 449/83. visions of section sixty upon the price to be paid for electricity by, or upon the manner in which electricity is to be furnished to, said town in the future, such town through its selectmen may apply to the board of railroad commissioners to fix the price which said town shall pay for said electricity to, and the manner in which electricity shall be furnished by, said com- pany; and thereupon the said board shall set a date for a public hearing upon such application, giving said company reasonable notice thereof; and after the hearing said board shall, if it deems the furnishing of such electricity consistent with the in- terests of public travel upon the railway of such company, fix the price which said town shall pay for electricity to, and the manner in which electricity shall be furnished by, said com- pany; and said company shall thereupon furnish to said town electricity at the price and in the manner fixed by said board. TO be subject SECTION 63. A town which has contracted with a street to certain pro- PI i ' i t_' it i i visions of law. railway company tor the purchase ot electricity shall be subject to the provisions of chapter thirty-four of the Revised Laws and of all acts in amendment thereof or in addition thereto, so far as the same may be applicable. EXTENSION OF LOCATION. locatfol 011 f SECTION 64. The board of aldermen of a city or the select- p 87 !' iisVI'i men ^ a town > u P on tne petition of fifty legal voters, or [the i89s', 578,' I is! president or a majority of the directors] upon the petition exe- 1902,' 399.' ' cuted in accordance with the by-laws or a vote of the directors of [i 2 bp*A?'G. 8 ' a street railway company whose tracks are located in said city 105. or town, after public notice and a hearing as provided in section seven > ma y grant a location for the extension of the tracks of see 1909, '417, such company, and prescribe how said tracks shall be laid and see 191 1,442, the kind of rails, poles, wires and other appliances to be used; but they shall impose no terms or conditions to such grant in addition to those imposed by general laws on street railway companies in force on the first day of October in the year eighteen hundred and ninety-eight, or such as may have been imposed in the grant of original location to such company in such city or town subsequently to said date. No such exten- sion of a location shall be valid, until the board of railroad com- missioners, after public notice and a hearing, shall certify that such extension is consistent with the public interests. If said board requires an alteration in such extension before certifying that the same is consistent with the public interests, said board PART III S OF STREET RAILWAY COMPANIES. 205 shall notify the board of aldermen or selectmen granting such extension of such alteration; and thereafter said board of aldermen or selectmen may amend such extension in accord- ance with such alteration: provided, that, if such alteration involves a change in the route of the railway, public notice and a hearing shall be given as hereinbefore provided in the case of the original application for an extension; and thereafter the board of railroad commissioners may, as a part of the original proceedings before it, certify that such extension so amended is consistent with the public interests. An extension, so certi- fied to be consistent with the public interests, shall be a valid location, if, within [thirty! sixty days after the issue of notice of said certification to the company, [a majority of the direc- tors] it shall file a written acceptance of such extension, exe- cuted in accordance with its by-laws or a vote of its directors with the board of aldermen or selectmen. An extension granted by a board of aldermen or selectmen, but refused certification hereunder by the board of railroad commissioners, or not accepted as hereinbefore provided, shall be void. Acts of 1909, Chapter 417, 2. SECTION 2. Section sixty-four of Part III of said chapter four hundred isoe, 463, and sixty-three is hereby amended by striking out the words "the presi- fmendld. 5 64 ' dent or a majority of the directors", in the third line, and inserting in fl^f"^' place thereof the words : upon the petition executed in accordance with the by-laws or a vote of the directors, by striking out the word "thirty", in the thirty-third line, and inserting in place thereof the word : sixty, by striking out the words "a majority of the directors", in the thirty- fourth and thirty-fifth lines, and inserting in place thereof the word : it, and by inserting after the word "extension", in the thirty-fifth and thirty-sixth lines, the words : executed in accordance with its by-laws or a vote of its directors, so as to read as follows: Section 64- [For 64 as amended, see above.] ALTERATION OF LOCATION. SECTION 65. The board of aldermen of a city or the select- Alteration of men of a town, upon the petition [of the president, or a ma- iseV^. u. jority of the directors] executed in accordance with the by-laws p 87 s.' 113, 1 22! or a vote of the directors of a street railway company whose R 9 L. til; f 31. tracks are located in said city or town, or upon the petition of ll^Va^s' sie any interested party, after public notice and a hearing as pro- n^T 69 ' vided in section seven, may alter the location of the tracks in 392, 489.] , -i i i l_ f i ass. 105. the manner prescribed m, and subject to the provisions of, the Amended by preceding section. Such alteration shall be made by such com- s 9 e ' g 1900,411', pany within such time, and the expense thereof shall be borne I 1911,442, by such party or parties and in such proportions, as the board 609 - of aldermen or selectmen may determine. No such alteration of a location shall be valid, until the board of railroad commis- sioners, after public notice and a hearing, shall certify that such alteration is consistent with the public interests. If said board requires an amendment to such alteration before certifying 206 PART III. OF STREET RAILWAY COMPANIES. that the same is consistent with the public interests, said board shall notify the board of aldermen or selectmen of such amend- ment; and thereafter said board of aldermen or selectmen may amend such alteration in accordance with the said amendment: provided, that, if such amendment involves a change in the route of the railway, public notice and a hearing shall be given as hereinbefore provided in the case of the original application for an alteration; and thereafter the board of railroad com- missioners may, as a part of the original proceedings before it certify that such alteration so amended is consistent with the public interests. An alteration, so certified to be consistent with the public interests, shall be a valid location, if, within [thirty] sixty days after the issue of notice of said certification to the company, [a majority of the directors] it shall file a written acceptance of such alteration, executed in accordance with its by-laws or a vote of its directors, with the board of alder- men or selectmen. Acts of 1909, Chapter 417, 3. 1906, 463, SECTION 3. Section sixty-five of Part III of said chapter four hundred amended. ' an d sixty-three is hereby amended by striking out the words "of the fjj'fos'^' P res ^ent or a majority of 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 thirtieth line, and inserting in place thereof the word- sixty, by striking out the words "a majority of the directors", in the thirty- first and thirty-second lines, and inserting in place thereof the word : it, and by inserting after the word "alteration", in the thirty-second and thirty-third lines, the words: executed in accordance with its by-laws or a vote of its directors, so as to read as follows : Section 65. [For 65 as amended, see above.] Acts of 1910, Chapter 518. An Act relative to Temporary Locations for Street Railway Companies. Temporary The several boards and commissions authorized by law to grant loca- locations may .. .. /. ,, r ,-, be granted tions to street railway companies may, for the purpose of enabling any companies** 5 suc h company to avoid interruption of its service, upon the petition of See 1911, 442. suc h company or of any interested party, grant temporary locations for the tracks of the company in any public place or way, or may approve temporary locations upon private land without a notice and hearing. The board or commission granting or approving such temporary locations may place a limit of time upon their use, and if unlimited as to time such use shall terminate after such reasonable time as, in the opinion of the board or commission granting or approving the same, will permit, without interruption, the restoration of service upon the locations of the company. The board of railroad commissioners may approve such tem- porary locations without a notice and hearing. [Approved May 13, 1910. REVOCATION OF LOCATION. Ecltion* ion f SECTION 66. The board of aldermen of a city or the select- is' iii' 15 ' men f a town > after the expiration of one year from the open- i6,i7.' ing for use 'of a street railway in their city or town, and after PART III. OF STREET RAILWAY COMPANIES. 207 public notice and a hearing as provided in section seven, if the public necessity and convenience in the use of the streets so 1898/578, 17. require, may, for good and sufficient reasons to be stated in the 111 Mass.' 232.' order therefor, revoke the location of a street railway in any }ll Mall. sal'. highway or street in said city or town; but unless, within thirty wg* 911 ' 44 ' days after such order of revocation, the company consents thereto in writing, such order shall not be valid until approved by the board of railroad commissioners after public notice and a hearing. Upon the approval of such order of revocation, the company shall remove the railway in conformity with such order and shall put the surface of streets which has been dis- turbed by such removal into as good condition as the adjacent surface of said streets. If the company neglects to comply with such order after thirty days' notice of the approval thereof, the board of aldermen or the selectmen may cause it to be executed and the work to be done at the expense of the company, and such expense shall be recovered in an action of tort STREET OR HIGHWAY WIDENING. SECTION 67. If application is made for a location in a street street or high- ... . , . .^ x .. ilji way widening. or highway m which no street railway tracks are located, and isos, 578, 19. such street or highway is widened under the provisions of chap- ters forty-eight or fifty of the Revised Laws by an order de- claring the widening to be rendered necessary for the public convenience for the purpose of granting such location of street railway tracks therein, a proportionate share of the expense of such widening may be assessed upon a street railway company which accepts a location in the street or highway so widened; but the amount of such assessment, in addition to the amounts assessed on real estate, shall not exceed one half of the total cost of such widening. SECTION 68. If a street or highway in which the tracks of a Alteration or street railway company have been located for a period of five gradlof^treet years is altered, or if the grade thereof is changed under the or highway. .. i i < i rf i i i commission. tion has been granted shall be thereafter laid out, taken charge R. L! 112', 6L of or constructed by or under the authority of the Massachu- setts highway commission, the commission shall thereafter, relative to the location and maintenance of a street railway upon such state highway, have the authority conferred by the provisions of sections seven, sixty-four, sixty-five, sixty-six and seventy-nine upon boards of aldermen and selectmen, and shall exercise such authority in the same manner, and subject to the same rights and limitations. Laying and SECTION 72. A state highway shall not be dug up for the construction of a street railway, except upon written permit of the Massachusetts highway commission, and in accordance with PART III. OF STREET RAILWAY COMPANIES. 209 the regulations of the commission; and the work shall be done 1893,475, 14. under the supervision and to the satisfaction of said commis- [I'OD. A! G. sion, and the entire expense of replacing the highway in as 3! good condition as before shall be paid by the street railway company. OPERATION. SECTION 73. No street railway or portion or extension Opening for thereof shall be opened for public use until the board of rail- tiomifupon road commissioners, after an examination, certifies that all laws raliroad^om- relative to its construction have been complied with, and that oi l ,368 8 ' it appears to be in a safe condition for operation; but nothing R-L. 112, 39. herein contained shall be construed as compelling said board to grant such certificate until the entire road included in the loca- tion of such railway, portion or extension has been completed. SECTION 74. The board of aldermen of a city, or the select- Rules as to men of a town may, subject to the approval, revision or altera- etc 6 c tion of the board of railroad commissioners, establish such it?!; !!?; 16 ' regulations as to the rate of speed, the manner and extent of f>& | 8 n|; use of tracks, and the number and routes of cars which run R 5 27, 28, ^ ^ over such tracks, within such city or town, as the interest and }SjH 7 'jj- convenience of the public may require; and a street railway 11 Alien, 287. , l MA. 11 r -Li ' 167 Mass. 49. company whose servants or agents wilfully or negligently vio- 190 Mass. 531. late any such regulations shall forfeit not more than five hun- dred dollars for each offence. USE OF WAYS. Revised Laws, Chapter 52, 6, 7. SECTION 6. Cities and towns may make ordinances and by-laws to use of ways, prevent the pasturing of cattle or other animals, either with or without ^ 85 |' ||- . 1Q a keeper; relative to the passage and driving of sheep, swine and neat is'es', si', i.' cattle; prohibiting persons from riding or driving beasts of burden, carriage \gj4 t 225! or draught, at a rate of speed inconsistent with public safety or conven- J^> j* 6 - ience; regulating the passage of carriages, sleighs, street cars, or other p. s.53,' 10- vehicles, or the use of sleds for coasting; regulating and controlling per- ilg^fsga sons who frequent public places playing on hand organs, drums, trumpets }f n G /f y> 5 ^ 2 or other musical instruments, upon or through any way or bridge, and us Mass! aso! may affix penalties of not more than twenty dollars for each violation Jh-ewo^'ivF.' thereof. They may, by ordinance or by-law, regulate the transportation 1 1 93 ^ Ia ~l- 80 - of the offal of slaughtered animals upon or through any way or bridge and affix a penalty of not more than one hundred dollars for each viola- tion thereof. SECTION 7. A city, by ordinance, and a town, by by-law, may pro- speed of hibit persons from riding or propelling, or from causing to be propelled, a J^^ted vehicle except such as is drawn by a horse or a person, upon a street or 1001, 192', i. way therein, at a rate of speed which it considers to be inconsistent with public safety or convenience, and for a violation thereof may affix a penalty of a fine of not more than one hundred dollars or of imprison- ment for not more than ten days, or of both such fine and imprisonment. SECTION 75. The superintendent of streets of a city, or any clearing snow officer who exercises like authority therein, and the selectmen I'ggs.^s!^' 12. R. L*. 112* 4L 210 PART III. OF STREET RAILWAY COMPANIES. of a town, shall establish regulations for the clearance of snow from its tracks by any street railway company operating in said city or town, and for the removal of such snow by said street railway company from the streets or ways in which such tracks are located: provided, that no street railway company shall be compelled to remove from the streets or ways in which its tracks are located an amount of snow greater than it has cleared from between its rails and between its tracks and from a space eighteen inches wide on either side of its tracks. On or before the first day of September in each year, the local authorities hereinbefore named shall transmit to the presi- dent or other officer of each street railway company operating its cars in the streets or ways of said city or town, and to the board of railroad commissioners, a copy of the regulations as established by said authorities. Within fourteen days after the receipt by any street railway company of such regulations said street railway company may, by its president or a majority of its board of directors, petition the board of railroad commis- sioners for such amendment thereto as said president or said board of directors consider reasonable. Said board shall, after notice and a hearing, within sixty days of the receipt of said petition, file with said local authorities and with the president . of said street railway company its findings upon said petition, including such amendments to said regulations, if any, as said board considers reasonable, and thereafter such regulations as established by said local authorities and as amended by said board shall be and remain in force until the firs't day of the September following, and thereafter until other regulations are established as is herein provided. voluntary dis- SECTION 76. If a street railwav companv voluntarily dis- continuance of . P t -in- use of tracks, continues the use 01 anv part ot its tracks tor a period or six 1864,229,19. , , \ . \ . , ,, , J , 1871, 381, 25. months, the streets or highways occupied thereby shall, upon R. L. ill; | it.' the order of the board of aldermen of a city or the selectmen of i9i 6 M 3 a 3 J; 527. a town, forthwith, at the expense of the company, be cleared of 398 Mass ' 395 ' sa id tracks, and be put into as good condition for public travel as they were in immediately before being so occupied. If a street railway company without right or lawful excuse discon- tinues the use of any track and when requested by the board of aldermen of the city or by the selectmen of the town in which such track is located refuses to operate the same, the mayor of such city, if duly authorized by vote of the city council or the selectmen of such town if duly authorized by vote of the town, may petition the supreme judicial court to compel said company to resume the use of such track and to perform all its corporate duties relating thereto. Such petition shall set forth the facts upon which the petitioner relies and the relief sought, but shall not be defeated for informality, and may be amended at any stage; and said court shall have jurisdiction in equity to deter- mine the cause and enforce its decrees and orders relative PART III. OF STREET RAILWAY COMPANIES. 211 thereto. Upon the filing of any such petition said court shall order due notice to be served upon the street railway company and shall advance the cause to speedy hearing and final decision. In case the track, the use of which has been discontinued, is located in two or more municipalities, any or all of such municipalities acting by the officials above named and au- thorized as hereinbefore provided, may join in such petition. Nothing herein contained shall be deemed a legislative con- struction of any existing law or an impairment of any existing right of a street railway company to discontinue the use of tracks. SECTION 77. The board of aldermen of a city or the select- Temporary men of a town may order a street railway company to discon- anceo/us^ tinue temporarily the use of any tracks within the limits of such i864?229, 20. city or town, if they determine that the public safety or con- p 87 g' \\^\ 1 f>6" venience so requires. See 1908 < 66 < 552 - R - L - 112 > 37 - SECTION 78. A city or a town which, for any lawful pur- Taking up, pose, takes up, alters or discontinues streets or highways in dis which the tracks of a street railway company are located, shall or not be liable in damages therefor to the street railway company. Jf^; f|f ; f 20.' P. S. 113, 31. R. L. 112, 43. 135 Mass. 551. SECTION 79. A street railway company shall not be required ^P^ T f . PI p * i t i i streets, nign- to keep any portion ot the surface material or streets, highways ways and and bridges in repair, but it shall remain subject to all legal 1864, 229. is. obligations imposed in original grants of locations, and may, as isri! 38i, 21. incident to its corporate franchise, and without being subject p 88 s' 113, 32. to the payment of any fee or to any other condition precedent, R 898 '. nf, f \\\ open any street, highway or bridge in which any part of its J^MaS'lti railway is located, for the purpose of making repairs or renewals ff|- Maas 57 ' of the railwav, or of any part thereof, and the superintendent ne Mass.' 426. j.u en * U I VI 0.1. -j. ^ 130 Mass. 492. ot streets or other officer who exercises like authority, or the 132 Mass. ITS. board of aldermen or selectmen shall issue the necessary permits les Mass! lie! therefor in a city or town in which such are required. If, 173 Mass! is?! during the original construction or subsequent alteration or ex- H 2 Mass - 41> tension or the making of any such repairs or renewals of any x fi Mass. 294. ., ,. * j *- i v ^ i i 188 Mass. ISO. railwav or a portion thereot, said surface maternal is disturbed, ISQ Mass. 256. ' i . i L ! i iv . 191 Mass. 308. the company which owns or operates such railway shall, at its i92Mss. 114, own cost, except as provided in sections sixty-five and seventy- Us' Mass. 105. one, replace to the reasonable satisfaction of the superintendent 196 u> s ' 539 ' of streets, or other officer who exercises like authority, said surface material with the same form of construction as that which was disturbed, or, by first obtaining the approval thereof by such officer, with a different material and form of construc- tion, and shall restore said street, highway or bridge to as good condition as existed at the time of such disturbance. A street railway company shall be liable for any loss or injury which may be sustained by any person in the management and use of its tracks and during the construction, alteration, extension, repair or renewal of its railway, or while replacing the surface of any street which may have been disturbed as aforesaid, and 212 PART III. OF STREET RAILWAY COMPANIES. which results from the carelessness, neglect or misconduct of its agents or servants who are engaged in the prosecution of such work, if notice of such loss or injury is given to the company and an action therefor is commenced in the manner provided by section twenty of chapter fifty-one of the Revised Laws. The provisions of this section shall not affect the obligations of any street railway company in respect of the construction or maintenance of any bridge or part thereof which any private person or corporation may be liable, in whole or in part, to con- struct or maintain. Notice of in- jury. Limita- tion of action. 1877, 234, 3. P. S. 52, 19. 1882, 36. 1888, 114. 1894, 422. 128 Mass. 318. 129 Mass. 525. 131 Mass. 441. 132 Mass. 178, 534. 134 Mass. 374, 484, 507. 136 Mass. 136. 145 Mass. 549. 151 Mass. 212. 153 Mass. 514. 164 Mass. 393. Revised Laws, Chapter 51, 20. SECTION 20. A person so injured shall, within ten days thereafter, if such defect or want of repair is caused by or consists in part of snow or ice, or both, and in all other cases, within thirty days thereafter, give to the county, city, town or person by law obliged to keep said way, cause- way or bridge in repair, notice of the time, place and cause of the said injury or damage; and if the said county, city, town or person does not pay the amount thereof, he may within two years after the date of said injury or damage recover the same in an action of tort. Such notice shall not be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury, if it is shown that there was no intention to mislead and that the party entitled to notice was not in fact misled thereby. Time. 132 Mass. 299, 324. Place. 128 Mass. 521. 130 Mass. 115. 131 Mass. 202. 132 Mass. 187, 324. 135 Mass. 110. 133 Mass. 529. 136 Mass. 136. 139 Mass. 91. 155 Mass. 595. 156 Mass. 145. 158 Mass. 279. Cause. 135 Mass. 110. 130 Mass. 161, 275, 398, 494. 131 Mass. 441. 443, 516, 551. 132 Mass. 187, 324, 441. 135 Mass. 110. 147 Mass. 402. 136 Mass. 278, 419. 140 Mass. 227, 424. 142 Mass. 486. 155 Mass. 344. 168 Mass. 251, 556. 177 Mass. 373. 178 Mass. 195. 188 Mass. 63. 189 Mass. 254. 191 Mass. 295. 197 Mass. 178. 1907, 204. See 1908, SOS. Guards upon bridges and draws. 1869, 306. 1871, 381, 23, 24. P. S. 113, 34, 35. R. L. 112, 46. SECTION 80. If, upon the trial of an action against the com- monwealth, a city, town, railroad corporation or bridge corpora- tion, the plaintiff recovers damages for an injury to his person or property which was caused by reason of a defect in a street, highway or bridge which is occupied by the tracks of a street railway company, and the street railway company is liable for such damages under the preceding section, and has had reason- able notice to defend the action, the commonwealth, city, town, railroad corporation or bridge corporation may recover the dam- ages, and all the costs of both plaintiff and defendant in the action from the street railway company. SECTION 81. Every street railway company shall, in a man- ner satisfactory to the board of railroad commissioners, erect and maintain upon every bridge, or draw of a bridge, which is crossed by its tracks, guards or railings, to prevent its cars from running off. If, for sixty days after service upon it of an order of the board of railroad commissioners relative to such guards or railings, it neglects to comply therewith, it shall, for each month of such neglect subsequent to said sixty days forfeit two hundred dollars, to the use of the city or town. PART III. OF STREET RAILWAY COMPANIES. 213 SECTION 82. If a street railway crosses at the same level a Cars to stop steam railroad where locomotive engines are in daily use, every crostlng* motorman of a car upon the street railway shall, when ap- G 85 s! 63?' 5 i42. proaching the point of intersection, stop his car within one hun- }|^; fff ; 5 36 - dred feet of the crossing. For each violation of the provisions of this section, the motorman shall forfeit ten dollars, and the 5 ? 62 company which employs him shall forfeit twenty dollars, pro- Amended by vided, however, that the board of railroad commissioners may, for such term and under such restrictions as it may from time to time prescribe, modify or suspend the requirements of this section with respect to any such crossing by a street railway of a railroad built for private use under the provisions of section two hundred and fifty-one of Part II of this act, or of a branch, spur or siding of a railroad built or used only for the transportation of freight to the premises of manufacturing or other industrial plants. Acts of 1911, Chapter 290. An Act relative to the Operation of the Cars of Street Railway Companies Across the Tracks of Railroad Corporations. Section eighty-two of Part III of chapter four hundred and sixty-three isoe, 463, of the acts of the year nineteen hundred and six is hereby amended by amended * 82 ' adding at the end thereof the words: provided, however, that the board of railroad commissioners may, for such term and under such restrictions as it may from time to time prescribe, modify or suspend the require- ments of this section with respect to any such crossing by a street rail- way of a railroad built for private use under the provisions of section two hundred and fifty-one of Part II of this act, or of a branch, spur or siding of a railroad built or used only for the transportation of freight to the premises of manufacturing or other industrial plants, so as to read as follows: Section 82. [For 82 as amended, see above.] Acts of 1910, Chapter 453. An Act relative to the Liability of Street Railway Companies for the Safety of Passengers. No street railway company shall by rule or otherwise require passen- Liability of gers whom it permits to ride upon the platform to do so at their own risk, and no such passenger shall be prevented from recovering com- pensation in damages for any injury by reason of the fact that he is so riding. [Approved April 27, 1910. SECTION 83. The board of aldermen of a city or the select- Notice of ap- men of a town may, subject to the approval of the board of 1864? 229,! "22. 1 R7 1 "?S1 & 9R railroad commissioners, establish such regulations, requiring p. s.' 1 13'. 35! the motorman or conductor to give notice or warning of the R-I " 112> 47 ' approach of street cars, as shall in their opinion best secure the unobstructed use of the tracks and the free passage of the cars. SECTION 84. Whoever wilfully obstructs a street railway obstruction company in the legal use of a railway track, or delays the ile^w. 22. 214 PART III. OF STREET RAILWAY COMPANIES. P 87 s' 113 1 37' P assm S f its cars thereon, or aids or abets in such obstruction i9oi', 452.' ' or delay, shall be punished by a fine of not more than five hun- ? Alien * 573. 48< dred dollars or by imprisonment for not more than three months. Penalty. Whoever commits any of said acts in such manner as to en- danger the life or safety of persons conveyed in or upon said cars, or aids or abets therein, shall be punished by imprisonment in the state prison for not more than ten years, or by a fine of not more than one thousand dollars. Explosives SECTION 85. Whoever without right throws into, against or upon tracks. 1904,396 upon, or puts, places or explodes or causes to be exploded in, upon or near a street railway or street railway car, gunpowder or other explosive, or a bombshell, torpedo or other instrument filled or loaded with an explosive, with intent unlawfully to destroy or injure such street railway or street railway car, or any person or property therein or thereon, shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than five years, or by a fine of not more than five hundred dollars. Loitering SECTION 86. Whoever without right loiters or remains within witnin stations, etc. a station or waiting-room of a street railway company, or upon the platform, stairs, grounds or other property owned or con- trolled by a street railway company, adjacent to such station or waiting-room, after being requested to leave the same by a special or other police officer, shall forfeit not less than two nor more than twenty dollars. ndu d c e t r in SECTION 87. Whoever, in or upon a street railway car, is public con- disorderly, or disturbs or annoys travellers in or upon the i883?io2. same by profane, obscene or indecent language, or by inde- R L. 212, 35. i i_ 11 i l_ J U / cent behavior, shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars. obstruction SECTION 88. If a street railway company, its agent or ser- of streets or ... . . , * i i highways by vant, willully or negligently obstructs a street, highway or companies. i r i j , i e -i 1864, 229, 23. bridge, or hinders the passing ot carnages over the same, or P 87 s.' 113', I Is! wilfully detains the cars of another company which has the R. L. 112, 49. j aw f u i r }ght to pass thereon, such company shall be punished by a fine of not more than five hundred dollars; and any such agent or servant shall be punished by a fine of not more than ten dollars or by imprisonment for not more than three months. dren S u 3y on hiI ~ SECTION 89. If a street railway company, its agents or ser- 1889 229 vant, allows a child under the age of ten years to enter upon or R. L'. 112, 50. into any of its cars for the purpose of selling newspapers or other articles therein or offering them for sale, it shall forfeit fifty dollars for each offence, which shall be recovered by any person by an action brought within three months after the offence has been committed. wheef r uards SECTION 90. A street railway company shall equip its cars, brakes and ' when in use, with such headlights, fenders, wheel guards, brakes, emergency tools. PART III. OF STREET RAILWAY COMPANIES. 215 [and] emergency tools and other safety devices as may be re- }||^^|- quired bv the board of railroad commissioners, and said board 1395; 378, 1. Vr. ., R.L.I 12, 52. may modify its requirements.* IQOS, 134. Amended by 1911, 345; 1913, 357. See 1913, 598, below. Acts of 1911, Chapter 345. An Act relative to the Use of Headlights on the Cars of Street Railway Companies. SECTION 1. Section ninety of Part III of chapter four hundred and p^f'/i^'sso sixty-three of the acts of the year nineteen hundred and six is hereby amended'. .amended by inserting before the word "fenders", in the second line, the word : headlights, so as to read as follows : Section 90. A street railway company shall equip its cars, when in use, with such headlights, fenders, wheel guards, brakes and emergency tools as may be required by the board of railroad commissioners, and said board may modify its re- quirements. SECTION 2. This act shall take effect upon its passage. [Approved April 27, 1911. Acts of 1913, Chapter 357. An Act relative to the Use of Safety Devices on the Cars of Street Railway Companies. SECTION 1. Section ninety of Part III of chapter four hundred and j^^t'nT'f, 90 sixty-three of the acts of the year nineteen hundred and six, as amended amended'. by chapter three hundred and forty-five of the acts of the year nineteen * The regulations for the equipment of street railway cars with fenders and wheel guards established by the Board under the provisions of 1895, 378 [now 90, Part III, Chap. 463, of Acts of 1906]: 1. All cars run by a street railway company on a highway, town way or travelled place (ex- cepting cars run by horse power, cars run only as trailing cars, and, until the further order of the Board, cars run wholly within the limits of towns whose population is less than 7,500 each) shall be equipped with fenders and wheel guards in accordance with one of the two following methods: Either (1 ) with a fender at the front of the car (going in either direction), and also with wheel guards underneath the car; or (2) with a fender at the front of the car of such design as to serve also as a wheel guard. In the first case (1) the fender shall consist of a platform, netting, or other similar device, constructed and arranged so as with reasonable certainty to pick up a person who is run into while standing, but to pass over a person who is lying on the ground, without probable injury to the person in either contingency; and the wheel guards shall be of such construction and arrange- ment or method of operation as to prevent, so far as practicable, a person who has fallen or been thrown down from being run over by the wheels. In the second case (2) the fender shall be of such construction, arrangement and method of operation as not only to pick up as aforesaid a person who is run into while standing, but also to prevent so far as practicable a person who has fallen or been thrown down from getting under the car and being run over by the wheels. This form of fender shall accordingly include a device by which, in case of emergency, it can be lowered by the motorman, and when lowered held down close to the ground. 2. These regulations shall take effect on the fourteenth day of November, 1895; and may be modified from time to time, in general or in particular, as experience and the public safety may seem to the Board to require. Under date of September 15, 1910, the Board, under the provisions of chapter 463, Acts of 1906, Part III, 90, issued the following regulations and requirements for street railway fenders and wheelguards: 1. All cars operated on surface lines by street railway companies (excepting cars run only as trailing cars) shall be equipped with fenders; and all cars operated on surface lines shall be equipped with wheelguards. 2. In the opinion of the Board the rigid part of all fenders shall be, as near as practicable, twelve inches above the rail; and the height of wheelguards should be, as near as practicable, four inches above the rail. 3. Each street railway company shall submit to the Board, on or before December 1, 1910, a blue-print, sketch or photograph showing the types of such fenders and wheelguards, attached to a car, as it desires to use, together with the height of same above the rails, and accompanied by a petition requesting the approval of the same by the Board. Under date of June 10, 1913, recommendations of the Board relative to sanding devices and hand brakes on street railway cars were made as follows: 1. That all cars operated in this commonwealth be equipped with such devices for distribut- ing sand on the rails as may be approved by the Board, and that each device be kept supplied with sand and maintained in good working condition at all times. 2. That all cars operated in this commonwealth be equipped with hand brakes to be main- tained in good working condition at all times, and that upon leaving the car houses on the first trip each day the hand brakes be tested a sufficient number of times to insure their efficiency in properly controlling and stopping the car. 216 PART III. OF STREET RAILWAY COMPANIES. hundred and eleven, is hereby further amended by striking out the word "and", in the third line, and by inserting after the word "tools", in the same line, the words: and other safety devices, so as to read as fol- lows : Section 90. A street railway company shall equip its cars, when in use, with such headlights, fenders, . wheel guards, brakes, emergency tools and other safety devices as may be required by the board of railroad commissioners, and said board may modify its requirements. SECTION 2. This act shall take effect upon its passage. [Approved March 26, 1913. Acts of 1913, Chapter 598. An Act to require Street Railway Companies to equip their Cars with Lifting Jacks and Other Apparatus. See 90, above. SECTION 1. All street railway cars operated in this commonwealth, whether used for the carriage of passengers or for other purposes, shall be equipped with an emergency lifting jack and with such other emergency tools as may be approved by the railroad commissioners. SECTION 2. Any company, its officers or employees, operating a street railway car in the use of which this act is violated, shall be punished by a fine of not less than fifty nor more than one hundred dollars. SECTION 3. This act shall take effect on the first day of July in the year nineteen hundred and fourteen. [Approved May 2, 1913* Heating of cars. 1895, 136. R. L. 112, 53. Enclosed plat- forms. 1897, 452, 1.2. 1900, 414, 1,3. R. L. 112, 56, 58. See 1911, ISO. SECTION 91. The board of railroad commissioners shall re- quire every street railway company to heat its cars, when in use for the transportation of passengers, at such times by such means, and to such extent, as said board shall determine, and the company shall forfeit twenty-five dollars for each trip run by any of its cars not so heated, unless in case of accident to the heating process or apparatus, or other unavoidable accident. The district police shall cause the provisions of this section to be enforced.f SECTION 92. Every street car in use for the transportation of passengers in December, January, February and March, which, while in motion, requires the constant care or service of an employee upon its platforms or upon one of them, shall, * Under date of December 27, 1911, the following order and recommendations of the Board in relation to the use of lifting jacks and other emergency tools upon street railways in this common- wealth were issued: Ordered, That at least fifty per cent of all box cars and fifty per cent of all open cars operated by each street railway company for the transportation of passengers in Massachusetts shall be equipped with a lifting jack of at least fifteen tons capacity, and the assignment of such cars shall be so made that each line shall have as nearly as practicable a proper distribution thereof. The Board recommends that the trucks of all double truck street railway cars operated in this state be so attached that both car body and truck may be raised at the same time without necessitating the use of chains, ropes or a large quantity of blocking. This may be successfully accomplished on cars having a king bolt (or centre pin) by inserting in the king bolt a key (or cotter pin) of sufficient strength to raise the trucks. The Board further recommends that all conductors and motormen receive instructions with reference to the proper and safe use of lifting jacks. July 1, 1912, is hereby fixed as the time when the foregoing order and recommendations shall become effective. t The requirements of the Board in respect to the heating of cars by street railway companies, made under the provisions of section 91, part three, chapter 463, Acts of 1906, read as follows: 1. All box cars used by street railway companies for the transportation of passengers between the fifteenth day of October and the fifteenth day of April in each year shall be equipped with suitable apparatus for heating by electricity, unless other than electric heaters are specially authorized by the board. 2. Every street railway company shall, during the period above named, whenever the outside temperature is less than forty degrees above zero (Fahrenheit) maintain, in all box cars in use for transporting passengers, an inside temperature, as nearly as may be, of no less than forty nor more than sixty degrees above zero, except at times when the company is temporarily pre- vented from so doing by storm, accident or other controlling emergency for which it is not re- sponsible and which is not due to any negligence upon its part. PART III. OF STREET RAILWAY COMPANIES. 217 except as provided in the following section, have said platforms or platform enclosed in such manner as to protect the motor- men, conductors or other employees who operate such car from exposure to wind and weather in such manner as the board of railroad commissioners shall approve. SECTION 93. All decisions heretofore rendered by the board ESS of"ra- of railroad commissioners under the provisions of chapter four g a 1 f e r mmis ~ hundred and fifty-two of the acts of the year eighteen hundred 1897,452. and ninety-seven and of chapter four hundred and fourteen of R. L! 112'. 57. the acts of the year nineteen hundred shall have the same force and effect as they had on and after the first day of December in the year nineteen hundred and two, but they shall be subject to revision by said board. SECTION 94. A street railway company which fails or neg- Penalty. lects to comply with the provisions of either of the two preced- lioo,' 414.' 5 3 ' ing sections shall be punished by a fine of not more than one R L. 5 ii2. $ 59. hundred dollars for each day during which such neglect con- tinues. [SECTION 95. A day's work for all conductors and motormen Day's work of who are employed by or on behalf of a street railway company i893,386 8 ' shall not exceed ten hours, and shall be so arranged by the em- R 89 ; loe', 1 22. ployer that it may be performed within twelve consecutive f fl e fl5s/ z ' hours. No officer or agent of any such company shall require from said employees more than ten hours' work for a day's labor; but on legal holidays, on days when the company is re- quired to provide for extraordinary travel, and, in case of acci- dent or unavoidable delay, extra labor may be performed for extra compensation.] Acts of 1912, Chapter 533. An Act relative to the Hours of Labor of Employees of Street Railway Companies. SECTION 1. Section ninety-five of Part III of chapter four hundred p 906 ' T jf 3t 5 and sixty-three of the acts of the year nineteen hundred and six is hereby repealed! ' repealed and the work of all conductors, motormen and trainmen who are employed by or on behalf of a street railway or elevated railway com- pany shall be arranged as provided in this act. [SECTION 2. A day's work for all conductors, motormen and train- Superseded. men shall be arranged by the employer upon the basis of nine hours' plat-" feiow 918 ' 8S3 ' form work: provided, however, that if in any case the schedule cannot be so arranged as to furnish a day's work of approximately nine hours and it is possible to provide one not exceeding nine and one half hours, the schedule may be so arranged, the platform time above the nine hours to be paid for as an addition to the nine hours' work. The day's work of men employed on regular cars shall be arranged to be performed within twelve consecutive hours. The work of any extra man who is regularly employed may, with his consent, be arranged in early and late halves or portions, but there shall be an interval of not less than eight hours be- tween the close of the work of one day for such extra men and the begin- ning of the work of the next day, within which they shall not be required to perform any work except in cases of emergency. Nothing herein con- tained shall be held to prohibit spare men from performing, as substi- tutes in case of emergency, the work of employees unexpectedly absent. 218 PART III. OF STREET RAILWAY COMPANIES. SECTION 3. No officer or agent of any such company shall require from said employees more than nine hours' platform work for .a day's labor except as is herein expressly provided. Threat of loss of employ- ment or threat to obstruct or prevent the obtaining of employment by the employees, or threat to refrain from employing any employee in the future shall be considered coercion and "requiring" within the meaning of this section. On legal holidays and on Sundays and in case of unavoid- able delay or other emergency, or at any time at the request of the em- ployee, extra labor may be performed for extra compensation. A com- pany which violates the provisions of this act shall forfeit for each offence not less than one hundred nor more than five hundred dollars.] SECTION 4. This act shall not affect any written contract existing at the date of its passage. SECTION 5. This act shall take effect on the first day of January, nineteen hundred and thirteen. [Approved April 25, 1912. Acts of 1913, Chapter 833. An Act relative to the Hours of Labor of Employees of Street Railway Companies. ame 2 nd 5 f' SECTION 1. Chapter five hundred and thirty-three of the acts of the year nineteen hundred and twelve is hereby amended by striking out sections two and three and inserting in place thereof the following: Section 2. A day's work for all conductors, guards, drivers, motormen, brakemen and gatemen who are employed by or on behalf of a street railway or elevated railway company shall not exceed nine hours, and shall be so arranged by the employer that it shall be performed within eleven consecutive hours. No officer or agent of any such company shall require from said employees more than nine hours' work for a day's labor. Threat of loss of employment or threat to obstruct or prevent the obtain- ing of employment by the employees, or threat to refrain from employing any employee in the future shall be considered coercion and "requir- ing", within the meaning of this section. But nothing herein shall pre- vent an employee of the character mentioned in this act, if he so desires, from working more hours than those prescribed in the act for extra com- pensation. SECTION 2. A company which violates any provision of this act shall forfeit for each offence not less than one hundred dollars nor more than five hundred dollars. SECTION 3. This act shall not affect any written contract existing at the date of its passage. (This bill, returned by the governor to the house of representatives, the branch in which it originated, with his objections thereto, was passed by the house of representatives June 18, and, in concurrence, by the senate June 20, the objections of the governor notwithstanding, in the manner prescribed by the constitution; and thereby has the "force of a law".) FARES AND ACCOMMODATIONS. aroomnwda- SECTION 96. Every street railway company shall furnish 1864,' 229', 26. reasonable accommodations for the conveyance of passengers, iln' Is!' 33 an( ^ ^ or everv wilful neglect to provide such accommodations P- s.' 113, 43. shall forfeit not less than five nor more than twenty dollars; totitW*. and may establish the rates of fare for all passengers and prop- erty conveyed or transported in its cars, subject, however, to the limitations named in its charter or hereinafter set forth. PART III. OF STREET RAILWAY COMPANIES. 219 SECTION 97. If, in the opinion of the board of railroad com- Additional missioners, additional accommodations for the travelling public tfons mm are required upon any street railway, it may, after due notice R 9 L ; ill; 70. to the company and a hearing, make an order requiring such ^mf.'Z' additional accommodations as it determines are just, and may bdow - alter, renew or revoke the order. A street railway company which, for more than one week after receiving notice in writing of such order, neglects to comply therewith, shall forfeit to the use of the city or town for which such additional accommoda- tions are ordered, or if they are ordered for more than one city or town, to the use equally of such cities or towns, one hundred dollars for each day thereafter during which such neglect con- tinues. Acts of 1911, Chapter 462. An Act relative to Accommodations to be provided by Street Railway Companies. The word "accommodations" in section ninety-seven of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hun- dred and six shall be deemed to include waiting rooms, stations, water closets and other sanitary conveniences. [Approved May 18, 191 L SECTION 98. A street railway company may provide cars special service for special service, and may make special rates therefor; and i898, e 578, is. may make special rates for working men and working women Jg/j^aw.' Isl!' on week days between the hours of five and seven in the morn- fj 8 1913> 784> ing and five and seven in the evening, and for children attend- ing school. Such company shall not give free tickets or passes Passes. to any state, county or municipal official, or to any person in the employ of the commonwealth or of any county, city or town, except policemen, firemen and letter carriers, in uniform; but it may give them to a director of the company or to any person who is connected with it in any executive capacity. A company which violates any of the provisions of this" section shall forfeit for each offence not less than one hundred dollars nor more than five hundred dollars.* [SECTION 99. The rates of fare charged by a street railway Special rates company for the transportation of pupils of the public or pri- p^Kchoois. vote schools between a given point, from or to which it is ni'. 112', 72. necessary for them to ride in travelling to or from the school- houses in which they attend school and their homes, whether such schoolhouses are located in the city or town in which the Repeated, pupils reside or in another city or town, shall not exceed one 1010, ser. half the regular fare charged by such street railway company S * The law providing for eight cent commutation checks in the city of Boston was section 47 of chapter 113 of the public statutes. In the report to the general court of the commissioners for consolidating the public statutes, made in 1901, as a note to chapter 112 (now mostly included in part III, chapter 463, Acts of 1906) appears this statement: "Sections 46 and 47 of pub. stats, c. 113, have been omitted as being special. If it is thought necessary to preserve them, they may be excepted from the repeal of the public statutes or re- enacted as special laws." In the table of dispositions of the revised laws, the statement is made that sections 46 and 47, of public statutes, chapter 113, have been omitted as special, and chapter 227 of the revised laws which treats of the express repeal of certain acts and resolves, repeals the entire body of the public statutes. 220 PART III. OF STBEET RAILWAY COMPANIES. for the transportation of other passengers between said points, and tickets for the transportation of pupils as aforesaid, good during the days when said schools are in session, shall be sold by said company in lots of ten each. A railway company which violates the provisions of this section shall forfeit twenty- five dollars for each offence.l Boston Ele- vated Railway Company, exemption. Acts of 1900, Chapter 197, 4. SECTION 4. This act shall take effect upon its passage, but for the term of twenty-five years from the tenth day of June in the year eighteen hundred and ninety-seven it shall not apply to the Boston Elevated Rail- way Company or to any railways now owned, leased or operated by it. Transporta- tion of pupils. Amended. 1910, 567. See 1912, 666, Acts of 1908, Chapter 530. An Act relative to the Transportation, by Street and Elevated Railway Companies, of Pupils of the Public Day and Public Evening Schools and Private Schools. SECTION 1. The rates of fare charged by street or elevated railway companies for the transportation of pupils of the public day schools or public evening schools or industrial day or evening schools organized under the provisions of chapter five hundred and five of the acts of the year nineteen hundred and six and acts in amendment thereof, or private schools between a given point, from or to which it is necessary for them to ride in travel- ling to or from the schoolhouses in which they attend school and their homes, whether such schoolhouses are located in the city or town in which the pupils reside or in another city or town, shall not exceed one half the regular fare charged by such street or elevated railway company for the transportation of other passengers between said points, and tickets for the transportation of pupils as aforesaid, good during the days or evenings on which said schools are in session, shall be sold by said companies in lots of ten each. A railway company which violates the provisions of this section shall forfeit twenty-five dollars for each offence. SECTION 2. Section ninety-nine of Part III of chapter four hundred and sixty-three, and chapter four hundred and seventy-nine, of the acts of the year nineteen hundred and six are hereby repealed. SECTION 3. This act shall take effect upon its passage. [Approved May 19, 1908. Acts of 1910, Chapter 567. An Act relative to the Transportation by Street and Elevated Railway Companies of Pupils of Industrial Schools. Section one of chapter five hundred and thirty of the acts of the year nineteen hundred and eight is hereby amended by inserting after the word "or", where it last occurs in the third line, the words: industrial day or evening schools organized under the provisions of chapter five hundred and five of the acts of the year nineteen hundred and six and Transportation acts in amendment thereof or, so as to read as follows: Section 1. certam'schoois. The rates of fare charged by street- or elevated railway companies for the transportation of pupils of the public day schools or public evening schools or industrial day or evening schools organized under the provisions of chapter five hundred and five of the acts of the year nineteen hundred and six and acts in amendment thereof, or private schools between a given point, from or to which it is necessary for them to ride in travelling to or from the schoolhouses in which they attend school and their homes, 1906, 463, Part III, 99, and 1906, 479, repealed. 1908, 530. amended. See 1912, 566, 6. PART III. OF STREET RAILWAY COMPANIES. 221 whether such schoolhouses are located in the city or town in which the pupils reside or in another city or town, shall not exceed one half the regular fare charged by such street or elevated railway company for the transportation of other passengers between said points, and tickets for the transportation of pupils as aforesaid, good during the days or evenings on which said schools are in session, shall be sold by said companies in lots of ten each. A railway company which violates the provisions of this section shall forfeit twenty-five dollars for each offence. [Approved May 26, 1910. Acts of 1911, Chapter 537. An Act to provide that Towns whose Valuation is Less than One Million Dollars shall be reimbursed for Certain High School Expenses. Section three of chapter forty-two of the Revised Laws, as amended by R. L. 42, 3, chapter four hundred and thirty-three of the acts of the year nineteen hundred and two, is hereby further amended by striking out the words "seven hundred and fifty thousand", in the twenty-second line, and also in the twenty-fifth line, and inserting in place thereof, in each case, the words: one million, so as to read as follows: Section 8. A town Tuition of of less than five hundred families or householders in which a public high townsTaving school or a public school of corresponding grade is not maintained shall no high pay for the tuition of any child who resides in said town and who, with the 8 previous approval of the school committee of his town, attends the high school of another town or city. If such town neglects or refuses to pay for such tuition, it shall be liable therefor to the parent or guardian of a child who has been furnished with such tuition if the parent or guardian has paid for the same, and otherwise to the city or town furnishing the same, in an action of contract. If the school committee of a town in which a public high school or public school of corresponding grade is not maintained refuses, upon the completion by a pupil resident therein of the course of study provided by it, to approve his attendance in the high school of some other city or town which he, in the opinion of the superintendent of schools of the town in which he is resident is qualified to enter, the town shall be liable in an action of contract for his tuition. A town whose valuation is less than one million dollars shall be entitled to receive from the treasury of the commonwealth all necessary amounts, and a town whose valuation exceeds one million dollars, but whose number of families is less than five hundred, shall be entitled to receive from the treasury of the common- wealth half of all necessary amounts which have actually been expended for high school tuition under the provisions of this section : provided, that Proviso, such expenditure shall be certified under oath to the board of education by its school committee within thirty days after the date of such expendi- ture; but, if a town of less than five hundred families maintains a high school of its own of the character described in section two of this chapter and employs at least two teachers therein, it shall be entitled to receive annually from the treasury of the commonwealth toward the support of such high school the sum of three hundred dollars. No town the valuation of which averages a larger sum for each pupil in the average membership of its public schools than the corresponding average for the commonwealth shall receive money from the commonwealth under the provisions of this section; and no expenditure shall be made by the commonwealth on Amended. account of high school instruction under the provisions of this section Hi^, 396 unless the high school in which such instruction is furnished has been approved by the board of education. [Approved June 9, 1911. 222 PART III. OF STREET RAILWAY COMPANIES. Acts of 1913, Chapter 396. An Act providing for the Payment by Towns for the Transportation of Pupils to Outside High Schools. R-L. 4|,3 SECTION 1. Section three of chapter forty-two of the Revised Laws, 19 n, 537', an as amended by chapter four hundred and thirty-three of the acts of the year nineteen hundred and two, and by chapter five hundred and thirty- seven of the acts of the year nineteen hundred and eleven, is further amended by adding at the end thereof the following paragraph : A town of less than five hundred families or householders, in which a public high school or public school of corresponding grade is not maintained, shall, through its school committee, when necessary, provide for the transporta- tion of any child who resides in said town and who, with the previous approval of the school committee of the town, attends the high school of any other town or city, and shall pay for the expense of such transportation a sum not exceeding one dollar and fifty cents per week during the time of actual attendance of such child in the high school. If any town fails to provide such transportation, it shall be liable in an action of contract, to the parent or guardian of a child who has been furnished with such transportation for such amounts, not exceeding one dollar and fifty cents per week, as the parent or guardian has paid for the same. A town which has expended for the. support of its public schools for the preceding year from the proceeds of local taxation an amount not less than four and less than five dollars per thousand dollars of valuation shall receive from the treasury of the commonwealth one half of the amount actually expended for transportation under the provisions of this act; and a town which has expended from the proceeds of local taxation for the support of its public schools for the preceding year an amount equal to at least five dollars per thousand of valuation shall receive from the treasury of the commonwealth the whole transportation under the provisions of this act. SECTION 2. This act shall take effect upon the first day of July in the year nineteen hundred and thirteen. [Approved March 28, 1913. Revised Laws, Chapter 25, 15. tionsby towns SECTION 15. It may at legal meetings appropriate money for the 1785, 75, 7. following purposes: . . . "For conveying pupils to and from the public ' 12,^6; schools, or, if it maintains no high school or public school of corresponding G 5 'l 8 is 5 10 g ra -de but affords high school instruction by sending pupils to other towns, p." s. 27,' for the necessary transportation expenses of such pupils, the same to be I897,'i32. expended by the school committee in its discretion." 1869,132 1898,496,3. 198 Mass. SSI. 1903,116. 1-907,311. 1894, 436, 4. 18S jf ass . 74. ia0 g, 109 , 190 ^ 16 g_ IQQS, 290, 392. Acts of 1913, Chapter 340. An Act to change the Definition of the Term "Support of the Public Schools." R. L. 42, 6, SECTION 1. Section six of chapter forty-one of the Revised Laws is hereby amended by inserting after the word "incidentals", in the thirteenth line, the words : but excluding alterations of school buildings other than repairs and construction of schoolhouses, so as to read as Support of follows: Section 6. No such apportionment and distribution shall be made to a town which has not maintained a school as required by section one of chapter forty-two; or which, if containing the number of families or householders required by section two of said chapter, has not maintained, PART III. OF STREET RAILWAY COMPANIES. 223 for at least thirty-six weeks during the year, exclusive of vacations, a high school such as is mentioned therein; or which has not made the returns required by sections five and six of chapter forty-three, and complied with the laws relative to truancy; or which has not raised by taxation for the support of public schools which are authorized or required by law, includ- ing the wages of teachers, the transportation of school children, fuel, the care of fires, school rooms and school premises, supervision, text books and supplies, and school sundries or incidentals, but excluding alterations of school buildings other than repairs and construction of schoolhouses during the school year embraced the last annual returns, an amount not less than three dollars for each person between the ages of five and fifteen years resident in such town on the first day of September of said school year. ' SECTION 2. This act shall take effect upon its passage. [Approved March 25, 1913. Revised Laws, Chapter 44, 4 (as amended). SECTION 4. If a child whose parent or guardian has a legal residence Attendance at within the commonwealth resides in a city or town other than that of the p^cesVther legal residence of his parent or guardian [for the sole purpose of there t^an residence attending school, his parent or guardian shall be liable to said city or guardians' r town for his tuition while attending school in said city or town to] and ils^ 9 ^'. in the opinion of the school committee of the said city or town such residence G. s. 41, 7 is for the purpose of there attending school in preference to the place of the p. s.'47, 8. legal residence of his parent or guardian, the said city or town may recover }|gg' |g|' * 8- from the parent or guardian for the tuition of said child, while there attending 1898, 496, 8. %T . , . ./ y 103 Mass. 104. school, subject to appeal to the probate court, an amount equal to the average 164 Mass. 430. expense of such school for each pupil during the preceding year, for a ^g period equal to the time during which the child so attends, unless the i9 city or town in which the parent or guardian resides is required by sec- tion three of chapter forty-two to pay for said tuition. A child whose parent or guardian has no legal residence in the commonwealth may be per- mitted, in the discretion of the school committee in charge, to attend the schools of any city or town on payment as tuition of an amount not less than the average cost of education per pupil in the school which the said child attends. For the tuition in the public schools in any city or town of a child between the ages of five and fifteen years who shall be placed elsewhere than in his own home by the state board of charity, or by the trustees of the Lyman and industrial schools, or kept under the control of either of said boards in said city or town, the commonwealth shall pay to said city or town, and for such tuition of any such child so placed by the trustees for children of the city of Boston, or so kept under the control of said trustees, the city of Boston from its appropriation for school purposes, - shall pay to said city or town, fifty cents for each week of five days, or major part thereof, of attendance of every such child in the public schools. For the transportation to and from a public school of any child whose tuition is payable by the commonwealth or by the city of Boston under the provisions of this section, the commonwealth or the city of Boston, as the case may be, shall pay to the city or town furnishing such transpor- tation, for each week of five days or major part thereof, an amount equal to the average amount for each child paid by said city or town per week for the transportation of children to and from school over the route by which such child is conveyed. Settlements of the accounts of the sev- eral cities and towns with the commonwealth and with the city of Boston shall be made annually on the first day of April, and the amounts found due shall be paid within three months thereafter. The money received 224 PART III. OF STREET RAILWAY COMPANIES. by said cities and towns under the provisions of this section shall be ap- plied to the support of schools. For the tuition in the public schools in any town of less than ten thousand inhabitants of any child between the ages of five and fifteen years not theretofore resident in such town, who is an inmate of an institution containing more than six inmates, said town may recover from said institution the extra school expense incurred, as may be determined jointly by the school committee of said town and the trustees or managers of said institution, or, in case of disagreement be- tween said school committee and said trustees or managers, as may be decreed by the probate court; but no demand shall be made upon said trustees or managers without a vote of the town instructing the school committee to that effect. School com- mittee to certify number of children, also amount raised for sup- port of schools. 1846, 223, 2. 1849, 117, 1. 1855, 23. G. S. 40, 4. 1865, 142, 2. 1874, 303, 2. P. S. 46, 5. 1896, 179. 1898, 496, 17. 1900, 175. Amended. 1912, 368, 3. Revised Laws, Chapter 43, 4. SECTION 4. The chairman and the secretary of each school committee shall annually on or before the thirtieth day of April transmit to the secretary of the board of education a certificate filled out, signed and sworn to by them as follows: . . . "III. That said town (or city) raised by taxation and expended during the fiscal year last preceding the date of this certificate the sum of dollars for the support of the public schools, including the wages of teachers, the transportation of school children, fuel, the care of fires, school rooms and school premises, supervision, text books and supplies, and school sundries or incidentals, but excluding repairs, alterations and construction of school houses and contributions for the support of public schools which may be received from the commonwealth or from other sources than local taxation." R. L. 43, 4, amended. Acts of 1912, Chapter 368, 3. SECTION 3. Section four of said chapter forty-three is hereby amended by striking out the said section, and inserting in place thereof the fol- lowing: Section 4- The chairman of each school committee shall annually on or before the thirty-first day of July transmit to the com- missioner of education a certificate filled out, signed and sworn to by him, containing the following statements: . . . Third. The amount of money raised by taxation by the town (or city), and expended during the school year last preceding the date of the certificate for the support of the public schools, including the wages of teachers, the transportation of school children, fuel, the care of fires, schoolrooms and school premises, repairs, supervision, text-books and supplies, and school sundries or incidentals, but excluding alterations of school buildings, other than repairs, and construction of schoolhouses and contributions for the support of public schools which may be received from the commonwealth or from other sources than local taxation. Regulation of fares. SECTION 100. All provisions of law relative to changes and 1864, 229, 5 26. regulation of fares upon railroads shall apply to changes and p. s.' us', 44! regulation of fares upon street railways. ISQS, 578, 23. 1901, iso. R. L. 112, 73. 185 Mass. 183. [See Part I, 8, 10. ] 190 Mass. 288. withdrawal of SECTION 101. A street railway company shall not withdraw free checks and . i i f t t free transfers. O r discontinue the use of any free checks or tree transfers from R. L'. 112, 74. one car or line of cars to another without the approval of the board of railroad commissioners; but it may regulate the use thereof to conform to rates of fare established under authority of section ninety-six. PART III. OF STREET RAILWAY COMPANIES. 225 SECTION 102. Every street railway company shall cause to Penalty for be printed on the transfer tickets issued by it to passengers the uSer conditions under which such tickets may be used. Whoever 1904,267. uses a transfer ticket in violation of any such condition, or who- ever uses or attempts to use a transfer ticket not issued to him, or whoever for value disposes of or attempts to dispose of a transfer ticket issued to him to any other person, or whoever for value delivers or attempts to deliver a transfer ticket not issued to him to any person, shall be punished by a fine not ex- ceeding fifty dollars or by imprisonment for a term not exceed- ing thirty days. INCREASE OF CAPITAL STOCK AND ISSUE OF BONDS. SECTION 103. A street railway company, for the purpose of caplt building an extension, or of acquiring land for pleasure resorts, bond or of acquiring or building power houses or car houses or park ^ i! L p buildings, or of acquiring or equipping additional rolling stock, 26,21/23, or of changing its motive power, or of furnishing electricity to a 1002, 370. town for light, or of abolishing grade crossings, or of paying betterment assessments for widening or otherwise altering streets, or of complying with any requirements lawfully im- posed, or of making permanent investments or improvements, or of acquiring any additional real or personal property neces- sary or convenient for its corporate objects, or of refunding its funded debt, or for the payment of money borrowed or in- debtedness incurred for any of the foregoing purposes, or for other similarly necessary and lawful purposes, may, in accord- ance with the provisions of sections one hundred and seven, one hundred and eight, one hundred and eleven and one hun- dred and twelve of Part III, and of sections forty-eight to [For 4s-se fifty-six, inclusive, of Part II, increase its capital stock or issue ' 86 ' bonds, secured by mortgage or otherwise, to such an amount, beyond the amounts fixed and limited by its agreement of association or its charter, or by any special law, as the board of railroad commissioners shall determine will realize the amount which has been properly expended or will be properly required, and as said board shall approve for such of the purposes afore- said as are set out in its petition to said board. Said board in authorizing the issue of any bonds under this section may pre- scribe the minimum price at which such bonds shall be sold, and may modify such price from time to time, as the board may deem proper. Whenever said board authorizes or has approved the issue or sale of bonds of a face value in excess of the amount determined by it to have been properly expended or to be properly required, it may, in its order of approval, or at any time there- after, require the company issuing such bonds to establish a sinking fund, estimated to realize at the maturity of said bonds a sum equal to the difference between the amount or amounts for which such bonds were authorized or approved, and the face value of the bonds so authorized or approved therefor, and may desig- 226 PART III. OF STREET RAILWAY COMPANIES. nate some Massachusetts trust company as trustee and custodian of such fund, and may from time to time change such trustee. The provisions of any agreement relative to said sinking fund, made between the street railway company and the trust company selected as such trustee, shall be submitted to said board and shall not be valid until approved by it. 1906, 463, Part III, 103, amended. Authority of railroad com- missioners to supervise the issue of bonds by street rail- way com- panies ex- tended, etc. Securities for working capital. Acts of 1910, Chapter 536. An Act to define and extend the Authority of the Board of Railroad Com- missioners to supervise the Issue of Bonds by Street Railway Com- panies. SECTION 1. Section one hundred and three of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by adding at the end thereof the following: Said board, in authorizing the issue of any bonds under this section may prescribe the minimum price at which such bonds shall be sold, and may modify such price from time to time, as the board may deem proper. Whenever said board authorizes or has approved the issue or sale of bonds of a face value in excess of the amount determined by it to have been properly expended or to be properly required, it may, in its order of approval, or at any time thereafter, require the company issuing such bonds to establish a sinking fund, estimated to realize at the maturity of said bonds a sum equal to the difference between the amount or amounts for which such bonds were authorized or approved, and the face value of the bonds so authorized or approved therefor, and may designate some Massachusetts trust company as trustee and custodian of such fund, and may from time to time change such trustee. The provisions of any agreement relative to said sinking fund, made between the street railway company and the trust company selected as such trustee, shall be sub- mitted to said board and shall not be valid until approved by it. SECTION 2. This act shall take effect upon its passage. [Approved May 18, 1910. Acts of 1909, Chapter 485. An Act to authorize Street Railway Companies to issue Securities for supplying Working Capital. SECTION 1. In addition to the purposes for which a street railway company may increase its capital stock or issue bonds, as provided in section one hundred and three of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, a street railway company for the purpose of supplying itself with working capital may, in accordance with the provisions of sections one hundred and seven, one hundred and eight, one hundred and ten, one hundred and eleven and one hundred and twelve of Part III of said chapter, or of chapter six hundred and thirty-six of the acts of the year nineteen hun- dred and eight, as amended by chapter three hundred and sixty-nine of the acts of the year nineteen hundred and nine, in the case of companies to which said last mentioned chapter is applicable, and of sections forty- eight to fifty-six, inclusive, of Part II of said chapter four hundred and sixty-three, increase its capital stock to an amount not exceeding five per cent of the par value of its capital stock then outstanding, or may issue bonds, secured by mortgage or otherwise, to an amount, beyond the amounts fixed and limited by its agreement of association, or by the pro- visions of any general or special law, and not more than the board of railroad commissioners shall determine will be properly required for such PART III. OF STREET RAILWAY COMPANIES. 227 purpose, and as said board shall approve as being consistent with the interest of the public and of the stockholders of such company and as not unreasonably reducing the security of any bond previously issued. SECTION 2. This act shall take effect upon its passage. [Approved June 11, 1909. REDUCTION OF CAPITAL STOCK. SECTION 104. Upon the petition of a street railway company Reduction of for authority to reduce its capital stock, presented in accord- i89o, a 326 c ance with a vote of the stockholders at a meeting called for the s ee L /sos 2 ' 389 - P. S. 105, 18; 112, 61. 1894, 350, 1. R. L. 109, 20. SECTION 106. A certificate of stock or scrip issued in viola- LiabUity of tion of the provisions of the preceding section shall be void ; and ises^sTo, 2. each director of the company issuing it shall be liable to a pen- ^i^'^f' 5 19; alty of one thousand dollars, to be recovered by indictment in J 894 ; > 1 | t the county in which he resides, or, if he resides in no county in See IMS, 'ess,- , . i i i i i 1909 < 369 < 4 8S - this commonwealth, in the county in which he is commorant, or the offence was committed; but if any such director proves that, before such issue, he filed his dissent in writing thereto with the clerk, or was absent, and at no time voted therefor, he shall not be so liable. ISSUE OF CAPITAL STOCK, BONDS, COUPON NOTES AND OTHER EVIDENCES OF INDEBTEDNESS. SECTION 107. A street railway company shall issue only such issue of amounts of stock and bonds, coupon notes and other evidences bonds! coupon of indebtedness payable at periods of more than twelve months othe? evfdence after the date thereof, as the board of railroad commissioners ^indebtedness f . ' i i 1875, 161. may from time to time determine to be reasonably necessary p - s - no - 7 - 228 PART III. OF STREET RAILWAY COMPANIES. lll^ifkL}' f r the purpose for which such issue of stock or bonds has been authorized. Said board shall render a decision upon an applica- 1OY*/, OO/, !. , . l i i 1 ' R. L. 109, 24. tion for such issue within thirty days alter the final hearing 659.F' thereon. Such decision shall be in writing, shall assign the See 1908, 636; , i < i 11 -f .1 i -p i 1909,869,485. reasons therelor, shall, it authorizing such issue, specify the respective amounts of stock or bonds, or of coupon notes or other evidences of indebtedness as aforesaid, which are author- ized to be issued for the respective purposes to which the pro- ceeds thereof are to be applied, and shall, within seven days after it has been rendered, be filed in the office of said board. A certificate of the decision of said board shall, within three days after such decision has been rendered and before the stock or bonds or coupon notes or other evidences of indebtedness as aforesaid are issued, be filed in the office of the secretary of the commonwealth, and a duplicate thereof delivered to the company. Such company shall not apply the proceeds of such stock or bonds or coupon notes or other evidences of indebted- ness as aforesaid to any purpose not specified in such certificate. Acts of 1913, Chapter 764. An Act relative to the Creation and Issue of Preferred Stock by Street Railway Companies. Preferred stock .SECTION 1. A street railway company organized under the laws of b^streVt^ai^ this commonwealth may, by vote of two thirds in interest of its common way companies stockholders at a meeting duly called for the purpose, with the approval upon approval . . , , , .. , . . j i ,1 of railroad of the board of railroad commissioners, and subject to the provisions of commissioners. sec ^j on one hundred and seven of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, and section three of chapter six hundred and thirty-six of the acts of the year nineteen increase of hundred and eight, issue, and from time to time increase, preferred stock of one or more classes, for any lawful purposes for which street railway companies are now or may hereafter be authorized to issue or increase Preferences and their capital stock. Each class of preferred stock shall be entitled to the fixedly "vote, preferences and rights and shall be subject to the restrictions and limita- tions fixed by such vote as approved by said board. Common stock SECTION 2. Any such street railway company may, upon such terms changed to and in such manner as shall be determined by vote of two thirds in amount preferred, etc. o f j^ s outstanding common capital stock and as shall be approved by the board of railroad commissioners, issue in lieu of outstanding common shares preferred shares to such number, of such par value and with such preferences, rights, restrictions and limitations and entitled to such rate Proviso. of preferred dividend as shall so be determined and approved: 'provided, however, that the aggregate par value of such preferred stock shall not exceed the aggregate par value of the common stock in exchange for which it is issued. classes of SECTION 3. Each class of preferred stock issued under authority of be this act shall be designated by a name approved by the said board to distinguish it from all other classes of stock of the company. A certified copy of the vote creating, and of the order of the said board approving, the creation of any class of preferred stock shall be filed in the office of the said board and in the office of the commissioner of corporations. Fi j ng d f v f e Every certificate of stock issued by a street railway company after the board! etc. approval by the said board of the creation by it of preferred stock shall PART III. OF STREET RAILWAY COMPANIES. 229 contain a reference to all votes creating preferred stock and a brief de- scription of the respective preferences, rights and restrictions of each class of such stock. SECTION 4. Any preferred stock issued under authority of this act Voting powers shall have the same voting power as the common stock, except that, in any case, there may be such limitations of the voting power of said pre- ferred stock as said board approves and finds to be consistent with the adequate protection of the public interests. The aggregate amount at Amount of par of preferred stock of all classes issued by a street railway company regulated 8t ck shall at no time exceed twice the amount at par value of its outstanding common stock, and no class of preferred stock shall be created which is not, in a manner approved by the board of railroad commissioners, made subordinate in respect to dividends or to participation in the proceeds of liquidation to the preferences of every previously created class of pre- ferred stock. Upon any issue of preferred stock the new shares shall, Preferred unless the common stockholders shall, with the approval of the board of Lsued.' railroad commissioners, otherwise provide, first be offered to the com- mon stockholders in the manner prescribed in said chapter six hundred and thirty-six of the acts of the year nineteen hundred and eight and acts in amendment thereof, and any shares of the preferred stock which shall not have been duly subscribed and paid for by the common stock- holders or their assigns shall be offered in the same manner to the existing holders of preferred stock of the same class; and any of such preferred Remaining shares then remaining untaken, and all of the preferred shares if the fhare^to be common stockholders so determine and the said board approves, may be sold- sold in the manner and subject to the provisions of section two of said chapter six hundred and thirty-six. In case of any increase in the com- increase of mon stock of the company, holders of preferred stock shall be entitled to t^e'cffeTed* 01 * have offered to them shares of the new stock in the manner provided in present holders said chapter six hundred and thirty-six, and acts in amendment thereof, board eve whenever the vote creating such preferred stock as approved by the said a PP roves - board shall so provide. SECTION 5. Chapter four hundred and forty-one of the acts of the Repeal, year nineteen hundred and two, so far as it applies to street railway com- panies, is hereby repealed. [Approved June 12, 1913. SECTION 108. A street railway company, unless expressly Limit of authorized by its charter or by special law, shall not issue c 8 oupon notes 8 ' bonds, coupon notes or other evidences of indebtedness payable dences^Tin- 1 " at periods of more than twelve months after the date thereof d 889?3 D i6? 2. to an amount which, including the amount of all such securities ^ 89 ^> I %. previously issued and outstanding, exceeds in the whole the | ee . 19 *' <6 fi amount of its capital stock at the time actually paid in; but this limitation shall not apply to the issue of bonds for the purpose of paying and refunding at maturity bonds lawfully issued prior to the second day of June in the year eighteen hundred and ninety-seven; nor shall it apply to such of the bonds issued or to be issued under a mortgage as are deposited to retire at or before maturity bonds or other evidences of in- debtedness previously issued and outstanding at the date of such mortgage, and as do not exceed the par value of the funded or other debt so to be retired; and such company shall not issue the securities specified in this section unless authorized by a vote of its stockholders at a meeting called for the purpose. 230 PART III. OF STREET RAILWAY COMPANIES. SSfSaj^; SECTION 109. The supreme judicial court or the superior 452, 3; 462, court shall have jurisdiction in equity, upon the application of if 9 !!' 109 s 27 ^ ne board of railroad commissioners, of the attorney-general, or ' any stockholder or of any interested party, to enforce the pro- visions of the two preceding sections and all lawful orders and decisions, conditions or requirements of said board made in pur- suance thereof. 1894 H 45o 2- SECTION 110. A director, treasurer or other officer or agent 452, 2; 462,' of a street railway company who knowingly votes to authorize R. L. 109, 28. the issue of, or knowingly signs, certifies or issues, stock or See 1908, 636; v i .1 P ,1 , u j- 1909, 369, 485. bonds contrary to the provisions ot the three preceding sections, or who knowingly votes to authorize the application, or know- ingly applies the proceeds, of such stock or bonds contrary to the provisions of said sections, or who knowingly votes to assume or incur, or knowingly assumes or incurs in the name or behalf of such company, any debt or liability except for the legitimate purposes of the company shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. New shares to SECTION 111. If a company which owns or operates a street be offered to ... . i i stockholders railway increases its capital stock, such new shares as are neces- of capital sary to produce the amount of increased capital stock which has WTO. 179. been authorized shall, except as provided in the following sec- ii/silgfu!' tion, be offered proportionately to its stockholders at such price isfs 84 i n t I GSS than the market value thereof at the time of increase, p 87 !' ice Ysg- as ma y ^ e determined by the board of railroad commissioners, 112, 58;' 113, ' taking into account previous sales of stock of the company and 1893, sis, i. other pertinent conditions, which determination shall be in writ- R 89 L. 109', 30. ing and with the date thereof shall be certified to and recorded Ido^se^isL in the books of the company. The directors, upon the approval of such increase as provided in section one hundred and seven, and the determination of the market value as hereinbefore pro- vided, shall cause written notice of such increase to be given to each stockholder of record upon the books of the company at the close of business on the date of such determination by said board, stating the amount of such increase, the number of shares or fractions of shares to which he, according to the pro- portionate number of his shares at the date of such determina- tion, is entitled, the price at which he is entitled to take them, and fixing a time, not less than fifteen days after the date of such determination by said board, within which he may subscribe for such additional stock. Each stockholder may, within the time limited, subscribe for his portion of such stock, which shall be paid for in cash before the issue of a certificate therefor. stock sold at SECTION 112. If the increase in the capital stock which is auction. . . i- i 1870, 179. subject to the provisions of the preceding section does not ex- 187s! 39, i;' ceed four per cent of the existing capital stock of the company, 1874, 372. 46. the directors, without first offering the same to the stockholders, 1879! 90! 2 ' may sell them by auction to the highest bidder at not less than n2 S ' 1 59 6 ' ii3 ; tlie P ar va ^ ue thereof to be actually paid in cash. They may 16. PART III. OF STREET RAILWAY COMPANIES. 231 also so sell at public auction any shares, which, after the ex- 1893, sis, 2. piration of the time limited in the notice required by the pre- i',z. ceding section, remain unsubscribed for by the stockholders en- s ee wos, ese,-' titled to take them. Such shares shall be offered for sale in 1909 ' 369 ' 485 ~ the city of Boston, or in such other city or town as may be pre- scribed by the board of railroad commissioners; and notice of the time and place of such sale shall be published at least five times during the ten days immediately preceding the sale in each of at least three of such daily newspapers as may be pre- scribed by said board. No shares shall be sold or issued under this or the preceding section for a less amount to be actually paid in cash than the par value thereof. RAILROAD CROSSINGS. SECTION 113. For the purpose of avoiding or abolishing a Abolition of crossing of a railroad by the tracks of a street railway company ings a at grade, the company may purchase or otherwise take land R 89 ! m', I e>5. necessary therefor, not exceeding fifty feet in width, outside the limits of a public way; but no land shall be so taken which cannot lawfully be taken for the laying out of a railroad, nor shall it be so taken until a plan on an appropriate scale, show- ing by metes and bounds the land, and the names of the owners thereof, has, after notice to such owners, and after such public notice and hearing as is required by section seven, been approved in writing by the board of aldermen of the city or the selectmen of the town in which such land is situated; nor shall the land of a railroad corporation or of another street railway company be so taken without its consent, except w T ith the approval of the board of railroad commissioners, after notice and a hearing. SECTION 114. A deed or description and a plan of the land ^n s a c njf tion so purchased or taken shall be filed in the registrv of deeds for jsss. 404, 2. _ .... iiiii" i 11 **" k. 112, 66. the county or district m which the land is situated; and the provisions of law relative to the assessment, payment or re- covery of damages for land and other property taken for rail- road purposes shall apply to land and property taken under the provisions of the preceding section. SECTION 115. A street railway company, which has acquired ^^k^" land for such purpose, may construct its railway over or under side public a railroad, in the manner agreed upon by the companies, or, if i898,'404, 3. they do not agree, in the manner prescribed by the board of R - L - 112i( railroad commissioners; but no overhead structure shall be built at a height of less than eighteen feet above the railroad track without the consent in writing of said board. SECTION 116. The board of aldermen of a city or the select- structures men of a town in case of a public way, and the Massachusetts of public ways highway commission, in case of a state highway, 'may authorize way^ te structures or alterations within, or partly within, the limits ^ g f; 1^ \ es. thereof, which are necessary for carrying a street railway over or under a railroad, if such way is not thereby made unsafe for other public travel. 232 PART III. OF STREET RAILWAY COMPANIES. Liens for labor and materials. 1904, 373. Exception. 1904, 373. Filing of claims for labor. 1904, 373. for materials. 1904, 373. Statute of limitations. 1904, 373. LIENS FOR LABOR AND MATERIALS. SECTION 117. A person to whom a debt is due for labor performed or for materials furnished and actually used in con- structing a street railway under a contract with a person, other than the street railway company, who has authority from or is rightfully acting for such company in furnishing such labor or materials shall have a right of action against such company to recover such debt with costs, except as provided in the four following sections. SECTION 118. A person who has contracted to construct the whole or a specified part of such street railway shall not have such right of action. SECTION 119. A person shall not have such right of action for labor performed, unless, within thirty days after ceasing to perform it, he files in the office of the clerk of a city or town in which any of said labor was performed a written statement, under oath, of the amount of the debt so due to him and of the name of the person or persons for whom and by whose employ- ment the labor was performed. Such right of action shall not be lost by a mistake in stating the amount due; but the claim- ant shall not recover as damages a larger amount than is specified in said statement as due him, with interest thereon. SECTION 120. A person shall not have such right of action for materials furnished, unless, before beginning to furnish them, he files in the office of the clerk of the city or town in which any of the materials were furnished, in the manner pro- vided for filing the statement mentioned in the preceding sec- tion, a written notice of his intention to claim such right. SECTION 121. Such action shall not be maintained unless it is begun within sixty days after the plaintiff ceased to perform such labor or to furnish such materials. Change of name. 1891,360, 1, 2,6. 1892, 198, 201. 1895, 104. 1898, 474, 9. 1899, 164; 442, 9. certificate of, to be filed with secretary of the com- monwealth. 1891,360, 3, 6. R. L. 109, 10. CHANGE OF NAME. SECTION 122. Upon the application of any street railway company, authorized by a vote of two thirds of the stockholders present and voting at a meeting called for the purpose, the board of railroad commissioners may, after public notice and a hearing, authorize such company to change its name. 1901, 422, 9. R. L. 109, 9. SECTION 123. A certified copy of such authorization and a certificate of the vote of the corporation, signed and sworn to by the president, treasurer and a majority of the directors, shall be filed in the office of the secretary of the commonwealth. The board of railroad commissioners shall require public notice to be given .of the change so authorized; and upon receipt of proof thereof the secretary of the commonwealth may grant a certificate of the name which the company shall bear, which, subject to the restrictions of section four, shall thereafter be its legal name. PART III. OF STREET RAILWAY COMPANIES. 233 SECTION 124. A street railway company shall have the same Rights and rights, powers and privileges, and be subject to the same duties, under new obligations and liabilities, under its new name as before its isoTTseo, 4. name was changed, and may sue and be sued by its new name; R- L- 109> n * but any action brought against it by its former name shall not be defeated on that account, and, on motion of either party, the new name may be substituted therefor. TAXATION. [For law as to taxation of corporate franchises, see 1909, 490, Part III, 39-43, pages 145-148]. A. Corporate Franchise Tax. SECTION 125. Every street railway company organized under Annual general or special laws of the commonwealth, in addition to all commissioner! returns required by its charter, shall annually, between the first 6 2,'3 8 ' and tenth days of [May,] April, return to the tax commissioner, iffoj ff?; 1 1; under the oath of its treasurer, the amount of the capital stock ^^ I 5 ^' i PI- 11 238, 1. of the company, its place of business and the par value and J|||' 270. ^ market value of the shares made up as of said first day of ISQS! 417'; 57s,' [May.] April. It shall also contain a statement in detail of the R. L. 14, 37. works, structures, real estate and machinery owned by said 9! Ma^s.' 25! company and subject to local taxation within the common- ^4 Marios! wealth, and of the location and value thereof. A street railway \j ^^- ^ 8 - company, whether chartered or organized in this commonwealth LIP?- A - G - or elsewhere, shall also state in its return the whole length of w'Mass. 352. its line, and so much of the length of its line as is without the Amended'by commonwealth; also the length of track operated by it in each i 9 sfso^'^ 4 s' city and town on the thirtieth day of [September] June pre- ^os^sbfeiL ceding the return, to be determined by measuring as single track the total length of all tracks operated by it including sidings and turn-outs whether owned or leased by it or over which it has trackage rights only; and the amount of dividends paid on its capital stock during the year ending on such pre- ceding thirtieth day of [September] June and during each year, ending on the thirtieth day of September prior to September thirtieth, nineteen hundred and ten, and during each year ending on the thirtieth day of June beginning with the year ending on the thirtieth day of June, nineteen hundred and eleven, from the organization of the company, and the amount of such divi- dends paid during the nine months ending on the thirtieth day of June, nineteen hundred and ten. Acts of 1909, Chapter 440. An Act to change the Date for the Assessment of Taxes, and the Listing and Registration of Voters. SECTION 1 . The first day of April instead of the first day of May shall hereafter be the date for the assessment of taxes. SECTION 8. All acts and parts of acts inconsistent herewith are hereby repealed. 234 PART III. OF STREET RAILWAY COMPANIES. 1906, 463, 2 _ '' Valuation of corporate fran- chise, etc. Deductions. 1864,208, 5, 6. 1865, 283, 4, 5. 1880. 117, 2. P. S. 13, 39, 40. 1885, 238, 1. 1886, 270. 1898, 417. R. L. 14, 38. 13 Allen, 391. 98 Mass. 19, 25. 100 Mass. 184, 399. 125 Mass. 568. 137 Mass. 80. 139 Mass. 561. 144 Mass. 598. 146 Mass. 408. 152 Mass. 372. 157 Mass. 70. 167 Mass. 522. 213 Mass. 68. 163 U.S. 1. Amended by 1909, 439; 440, *. Acts of 1909, Chapter 502, 3. SECTION 3. Section one hundred and twenty-five of Part III of chap- ter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by striking out the word " May", in the fourth and eighth lines, respectively, and inserting in each instance, in place thereof the word: April,- by striking out in the seventeenth and twenty-third lines, the word "September", and inserting in place thereof the word: June, and by inserting after the word "year", in the twenty-fourth line, the words : ending on the thirtieth day of Septem- ber prior to September thirtieth, nineteen hundred and ten, and during each year ending on the thirtieth day of June beginning with the year ending on the thirtieth day of June, nineteen hundred and eleven, and by adding at the end of said section the words: and the amount of such dividends paid during the nine months ending on the thirtieth day of June, nineteen hundred and ten, so that said section, as amended, will read as follows: Section 125. [For 125 as amended, see above.] SECTION 126. The tax commissioner shall ascertain from the returns or otherwise the true market value of the shares of each street railway company, and shall estimate therefrom the fair cash value of all of said shares constituting its capital stock on the preceding first day of [May,] April, which, unless by the charter of the company a different method of ascertaining such value is provided, shall, for the purposes of this act, be taken as the true value of its corporate franchise. From such value there shall be deducted, in case of a street railway company whether chartered or organized in this commonwealth or else- where, so much of the value of its capital stock as is propor- tional to the length of that part of its line, if any, lying with- out the commonwealth; and also the value of its real estate and machinery subject to local taxation within the commonwealth. For the purposes of this section, the tax commissioner may take the value at which such real estate and machinery is assessed at the place where it is located as the true value, but such local assessment shall not be conclusive of the true value thereof. See 190S > S2 - 61S >' 1909 > 4 39 > 1 wo, Part in, 39-51. R. L. 12, 23, and 1902, 342, 1, amended. Amended by 1909, 440, 2. Acts of 1909, Chapter 439. An Act relative to the Taxation of Poles for Wires. SECTION 1. Section twenty-three of chapter twelve of the Revised Laws, as amended by section one of chapter three hundred and forty-two of the acts of the year nineteen hundred and two, is hereby further amended by inserting after the word "streets", in the second line of the tenth paragraph, the words: -and poles, underground conduits and pipes, together with the wires thereon or therein, laid in or erected upon pri- vate property, or in a railroad location, by inserting after the word "companies", in the third line, the words:' the value of whose poles, underground conduits and pipes, together with the wires thereon or therein, for the purpose of taxation, shall, like their rails and rights of way, be included in, and not deducted from, the value of their corporate fran- chises ascertained as provided by section one hundred and twenty-six of Part III of chapter four hundred and sixty-three of the acts of the year PART III. OF STREET RAILWAY COMPANIES. 235 nineteen hundred and six, and excepting also such poles, underground conduits, wires and pipes of a railroad corporation laid in the location of said railroad, and by adding at the end of said paragraph, the words: or erected, so that said paragraph will read as follows: Tenth. Underground conduits, wires and pipes laid in public streets, and poles, Taxation of underground conduits and pipes, together with the wires thereon or therein, ^a/ 01 ^ laid in or erected upon private property, or in a railroad location, by any corporation, except street railway companies, the value of whose poles, underground conduits and pipes, together with the wires thereon or therein, for the purpose of taxation, shall, like their rails and rights of way, be included in, and not deducted from, the value of their corporate franchises ascertained as provided by section one hundred and twenty- six of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, and excepting also such poles, under- ground conduits, wires and pipes of a railroad corporation laid in the loca- tion of said railroad, shall be assessed to the owners thereof in the cities or towns in which they are laid or erected. SECTION 2. Section thirty-eight of chapter fourteen of the Revised R - L - , 1 t' & 38> . , , amended. Laws, as amended by section three of chapter three hundred and forty- Amended by two of the acts of the year nineteen hundred and two, is hereby further 1909> 44 ' ~ - amended by inserting before the word "underground", in the seventeenth, thirtieth, thirty-eighth and forty-third lines, the word : poles, by striking out the word "is", in the forty-third line, and inserting in place thereof the word: are, and by striking out the words "it is", in the forty-fourth line, and inserting in place thereof the words : they are, so as to read as follows : Section 38. The tax commissioner Valuation of shall ascertain from the returns or otherwise the true market value of r&nchfae, etc. the shares of each corporation subject to the requirements of the preceding Deductions. section, and shall estimate therefrom the fair cash value of all of said shares constituting its capital stock on the preceding first day of May, which, unless by the charter of a corporation a different method of ascertaining such value is provided, shall, for the purposes of this chapter, be taken as the true value of its corporate franchise. From such value there shall be deducted: First. In case of a railroad or telegraph company or of a street rail- way company whether chartered or organized in this commonwealth or elsewhere, so much of the value of its capital stock as is proportional to the length of that part of its line, if any, lying without the common- wealth; and also the value of its real estate, machinery and poles, under- ground conduits, wires and pipes, subject to local taxation within the commonwealth. Second. In case of such a domestic telephone company, the amount and market value of all stock in other corporations held by it upon which a tax has been paid in this or other states for the twelve months last preceding the date of the return; and in case of such a foreign tele- phone company, so much of the value of its capital stock as is propor- tional to the number of telephones used or controlled by it or under any letters patent owned or controlled by it without the commonwealth. In case of a telephone company, whether chartered or organized in this commonwealth or elsewhere, the value of its real estate, machinery and poles, underground conduits, wires and pipes, subject to local taxation within the commonwealth. Third. In case of corporations subject to the requirements of the preceding section other than railroad, telegraph, telephone or street railway companies, whether chartered or organized in this common- wealth or elsewhere, the value as found by the tax commissioner of their 236 PART III. OF STREET RAILWAY COMPANIES. R. L. 14, 39, amended. See 1909, 490, Part III, 42. Corporation to appeal from local valuation, when. R. L. 14, 42. amended. See 1909, 490, Part III, 45. Remedy of corporation when assessor's valuation of real estate exceeds tax commis- sioner's. real estate, machinery and poles, underground conduits, wires and pipes, subject to local taxation wherever situated. For the purposes of this section, the tax commissioner may take the value at which such real estate, machinery and poles, underground con- duits, wires and pipes are assessed at the place where they are located as the true value, but such local assessment shall not be conclusive of the true value thereof. SECTION 3. Section thirty-nine of said chapter fourteen, as amended by section four of said chapter three hundred and forty-two, is hereby further amended by inserting before the word "underground", in the third line, the word : poles, so as to read as follows : Section 39. The tax commissioner may require a corporation to prosecute an appeal from the valuation of its real estate, machinery or poles, underground conduits, wires and pipes by the assessors of a city or town, either to the county commissioners or to the superior court, whose decision shall be conclusive upon the question of value. Upon such appeal the tax commissioner may be heard, and in the superior court costs may be awarded as justice requires. SECTION 4. Section forty-two of said chapter fourteen, as amended by section five of said chapter three hundred and forty-two, is hereby further amended by inserting before the word "underground", in the second line, the word : poles, so as to read as follows : Section Jf2. If the value of the real estate, machinery and poles, underground conduits, wires and pipes of a corporation subject to local taxation within the commonwealth, as determined by the tax commissioner, is less than the value thereof as determined by the assessors of the place where it is situated, he shall give notice of his determination to such corporation; and, unless within one month after the date of such notice it applies to said assessors for an abatement and, upon their refusal to grant an abatement, prosecutes an appeal under the provisions of sec- tion seventy-seven of chapter twelve, giving notice thereof to the tax commissioner, the valuation of said commissioner shall be conclusive upon said corporation. SECTION 5. This act shall take effect upon its passage. [Approved May 24, 1909.] 1909, 490, Part III, 40, cl. 3, amended. [Seep. Ut5.\ Company's appeal from local valua- tion. 1865, 283, 6. P. S. 13, 41. 1890, 127, 7. 1898, 417. R. L. 14, | 39. LIST OP SHAREHOLDERS TO BE FURNISHED. Acts of 1912, Chapter 124. An Act relative to Returns of Street Railway Companies filed in the Office of the Tax Commissioner. Clause Third of section forty of Part III of chapter four hundred and ninety of the acts of the year nineteen hundred and nine is hereby amended by striking out the words "except as to street railway companies", in the first line, so that the first paragraph of the said clause will read as follows: Third. And a complete list of the shareholders of the corporation, their residences, and the amount and class of stock, if more than one, belonging to each. If stock is held as collateral security, the list shall state the name and residence of the pledger and of the pledgee. [Approved February 20, 1912. SECTION 127. The tax commissioner may require the com- pany to prosecute an appeal from the valuation of its real estate or machinery by the assessors of a city or town, either to the county commissioners or to the superior court, whose decision shall be conclusive upon the question of value. Upon such PART III. OF STREET RAILWAY COMPANIES. 237 157 Mass 527. 569. 80. 561. 408. 70. 522. appeal the tax commissioner may be heard, and in the superior | e ifl ^*f 0> i 11** GiOf 1909y ^39) court costs may be awarded as justice requires. $i; 490, Part SECTION 128. Every street railway company subject to the ^ t bf pdd provisions of section one hundred and twenty-five shall annually r " f s ( e rate pay a tax upon its corporate franchise, after making the deduc- Rate, how de- . . , | , . . iii i termined. tions provided tor in section one hundred and twenty-six, at a 1864, 208, s. rate equal to the average of the annual rates for the three years i88olii7i2! preceding the year in which the assessment is laid, the annual is Is, 238? i. rate to be determined by an apportionment of the whole amount Jff f ^ 24 of money to be raised by taxation upon property in the com- R 9 L'll 7 ' 4 o mon wealth during the same year as returned by the assessors 12 Alien,' 75, of the several cities and towns under the provisions of section 98 Mass. 19, 25. ninety-three of chapter twelve of the Revised Laws and amend- ?Ii. a! ments thereof upon the aggregate valuation of all cities and towns 135 Mass for the preceding year as returned under sections sixty and sixty- one of said chapter and amendments thereof; but if the return .,,.', . trom any city or town is not received [prior to the twentieth i67Mass j?i L I JL A Tit J i A ^ 6 Wallace, 632. day or] on or before the first Monday of August, the amount ITS u. s. 120. raised by taxation in said city or town for the preceding year, 'fas.^M^k] as certified to the [secretary of the commonwealth] tax com- f^ d /^\ 2 . missioner may be adopted for the purpose of this determina- ^^0^439 tion. The amount of tax assessed upon polls for the preceding i 1; '4R& year, as certified to [said secretary,] the tax commissioner may ss-5/'. be taken as the amount of poll tax to be deducted from the whole amount to be raised by taxation, in ascertaining the amount to be raised upon property. Acts of 1909, Chapter 513, 2. SECTION 2. Section one hundred and twenty-eight of Part III of said 190Gt T lT 3 '. chapter four hundred and sixty-three is hereby amended by inserting amended. after the word "rate", in the fifth line, the words: equal to the aver- age of the annual rates for the three years preceding the year in which the assessment is laid, the annual rate to be, by inserting after the word "Laws", in the tenth line, the words: and amendments thereof, by inserting after the word "chapter", in the twelfth line, the words: and amendments thereof, by striking out the words "prior to the twentieth day of", in the thirteenth and fourteenth lines, and inserting in place thereof the words : on or before the first Monday of, by striking out the words "secretary of the commonwealth", in the sixteenth line, and inserting in place thereof the words: tax commissioner, and by striking out the words "said secretary", in the nineteenth line, and inserting in place thereof the words : the tax commissioner, so as to read as follows: Section 128. [For 128 as amended, see above.] SECTION 129. If the value of the real estate and machinery Remedy of of a street railway company subject to local taxation within the wh^nTsseas- commonwealth, as determined by the tax commissioner, is less ofrelfeTta'te 11 than the value thereof as determined by the assessors of the exceeds tax i i j "L i 1 1 t> commis- place where it is situated, he shall give notice of his determina- sioner's. tion to such company; and, unless within one month after the FuMfM?.' date of such notice it applies to said assessors for an abate- R 89 '. H!' 42. ment, and, upon their refusal to grant an abatement, prosecutes HI Mass! Sos. 238 PART III. OF STREET RAILWAY COMPANIES. 152 Mass. 384. 167 Mass. 522. [For R. L. 12, 77, see page 143.} See 1908, S30, 615; 1909, 439, 1; 490, Part III, 139-51. 1912, 695. Additional corporate franchise tax. 1898, 417; 578, R. L. 14, 41. Amended, 1909, 602, 4. See 1908, 820, 615; 1909, 439, 1; 490, Part III, 39-51. an appeal under the provisions of section seventy-seven of chapter twelve of the Revised Laws, giving notice thereof to the tax commissioner, the valuation of said commissioner shall be conclusive upon said company. B. Additional Corporate Franchise Tax. SECTION 130. If an operating street railway company, in- cluding a company whose lines are located partly within and partly without the limits of the commonwealth, whether char- tered or organized under the laws of this commonwealth or else- where, has paid during the nine months ending on the thirtieth day of June in the year nineteen hundred and ten or during the year ending on the thirtieth day of [September] June in the year nineteen hundred and eleven or in any subsequent year pre- ceding the date of the return required by section one hundred and twenty-five dividends exceeding in the aggregate eight per cent upon its capital stock, it shall for every such year, in addition to the tax required by section one hundred and twenty-eight, pay a tax equal to the amount of such excess to be determined as therein provided by the tax commissioner; but such additional tax shall not be imposed, if, from the date when the company commenced to operate its railway, it has not paid dividends equivalent in the aggregate to at least six per cent per annum upon its capital stock from year to year. Acts of 1909, Chapter 502, 4. 1906, 463, SECTION 4. Section one hundred and thirty of Part III of said amended. 5 [30 ' chapter four hundred and sixty-three is hereby amended by inserting after the word "during", in the fifth line, the words: the nine months ending on the thirtieth day of June in the year nineteen hundred and ten or during, and by striking out in the sixth line, the word "September", and inserting in place thereof the words: June in the year nineteen hundred and eleven or in any subsequent year, so that said section as amended will read as follows: Section 130. [For 130 as amended, see above.] Acts of 1909, Chapter 490, Part III, 44, 45, 46. Additional tax on street rail- way and elec- tric railroad companies. 1898,417; 578, 3. R. L. 14, 41. 1906, 463, Part III. 130 516, 18. ADDITIONAL CORPORATE FRANCHISE TAX. SECTION 44. If an operating street railway or electric railroad com- pany, including a company whose lines are located partly within and partly without the limits of the commonwealth, whether chartered or organized under the laws of this commonwealth or elsewhere, has paid during the year ending on the thirtieth day of September preceding the date of the return required by section forty dividends exceeding in the aggregate eight per cent upon its capital stock, it shall for every such year, in addition to the tax required by section forty-three, pay a tax equal to the amount of such excess to be determined as therein provided by the tax commissioner; but such aditional tax shall not be imposed, if, from the date when the company commenced to operate its railway or railroad, it has not paid dividends equivalent in the aggregate to at least six per cent per annum upon its capital stock from year to year. PART III. OF STREET RAILWAY COMPANIES. 239 SECTION 45. If the value of the works, structures, real estate, ma- Remedy of chinery, underground conduits, wires and pipes of a corporation subject ^henTs^Sor's to local taxation within the commonwealth, as determined by the tax valuation of commissioner, is less than the value thereof as determined by the assessors exceeds tax of the place where it is situated, he shall give notice of his determination skier's." to such corporation; and, unless within one month after the date of p 86 a ' ff 3 i f - such notice it applies to said assessors for an abatement, and, upon their 1898, 417. refusal to grant an abatement, prosecutes an appeal under the provi- Jg 2J 342,Vf' sions of section seventy-six of Part I, giving notice thereof to the tax 1903. 437, 76. commissioner, the valuation of said commissioner shall be conclusive upon Part'n, '215, said corporation. FiTlVg. 1 129: 137 Mass. 81. 146 Mass. 403. 152 Mass. 384. 167 Mass. 522. SECTION 46. When the tax commissioner has received notice of an Additional tax abatement of the taxes of any corporation as provided in section eighty- U p n corporate four of Part I, he shall assess upon such corporation an additional tax ^flue^tc upon the corporate franchise value of such corporation, in such amount 1904/442, 2. as shall make the total franchise tax equal that which would have been assessed by said commissioner had the valuation as established by said abatement been adopted by him when making his original assessment upon the corporate franchise value of such corporation, which said addi- tional tax shall be paid and collected as an addition to the franchise tax next to be assessed and laid upon said corporation after such abatement, and such additional tax, when collected, shall be distributed as if it were part of said original tax. C. Exemption and Apportionment. SECTION 131. No taxes shall be assessed in a city or town Exemption for state, county or town purposes, upon the shares in the cap- taxation! 1 ital stock of a street railway company for any year for which it n\ent. rtic pays to the treasurer and receiver general a tax on its corporate }| 64> 208> 5 8> franchise. The tax collected of each street railway company i|i|- 1|3. is. under the provisions of sections one hundred and twenty-eight P. s.' is, 57. and one hundred and twenty-nine shall be apportioned among isssUia', 23. the several cities and towns in proportion to the length of tracks 4/26. ' * operated by such company in said cities and towns respectively. 1901 1 4 11; f f: The share of the tax paid by a street railway company in re- KbWal^seg. spect of its tracks upon locations granted by the board of 1/9 Mass. 559. . . i , ~-, r . Amended, metropolitan park commissioners or by the Wacnusett mountain isis, 695. ' See 1908 220 state reservation commission or by the Greylock reservation com- eis ; 1009, mission, shall be apportioned to the commonwealth and shall Partiii, be credited by the treasurer and receiver general to the sinking 39 ~ 51 ' fund of the loan to which the expenditure for the road, boule- vard, park or reservation in which the tracks are located was charged. SECTION 132. The tax commissioner shall, subject to appeal JSwto'cietw. to the board of appeal, ascertain and determine the amount due ine amounts i . . j f n , , ,. due to cities to each city and town under the provisions or the preceding sec- and towns. tion, notify the treasurer of each city and town thereof and P. s.' is, 58. ' certify the amount as finally determined, to the treasurer and jt 898 - 578> 4 - receiver general, who shall thereupon pay over the same. R " L- 14> 62 * 240 PART III. OF STREET RAILWAY COMPANIES. 1906,463, , 5 ' ' $1 Acts of 1912, Chapter 695. An Act relative to the Taxation of Street Railway Companies in Respect of Tracks upon Locations granted by the Greylock Reservation Com- mission. SECTION 1. Section one hundred and thirty-one of Part III of chap- ter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by inserting after the word "commission", in the fourteenth line, the words: or by the Greylock reservation com- mission, 'SO as to read as follows: Section 131. [For 131 as amended, see above.] Acts of 1909, Chapter 490, Part I, 23, Clause 10, as amended by 1913, 458. SECTION 23. All personal estate, within or without the common- wealth, shall be assessed to the owner in the city or town in which he is Assessment of underground conduits, etc. i93 2 M 34 ss' 274' an mna kitant on the first day of May, except as provided in Part III and 1909, 490, Part I, 23, cl. 10, amended by 1913, 458. in the following clauses of this section : Tenth, Underground conduits, wires and pipes laid in public streets, except such as are owned by a street railway company, and poles, under- ground conduits and pipes together with the wires thereon or therein laid in or erected upon private property or in a railroad location by any corporation, except such poles, underground conduits, wires and pipes of a railroad cor- poration laid in or erected upon the location of such railroad, and except such poles, underground conduits, wires and pipes laid in or erected upon any right of way owned by a street railway company, shall be assessed to the owners thereof in the cities and towns in which they are laid or erected. Annual returns to assessors. 1898, 417; 578, 6. R. L. 14, 43. 207 Mass. 619, 621. See 1908, 220, 615; 1909, 439, 1; 490, Part III, 39-51* Excise tax. 1898, 417; 578, 7. R. L. 14, 44. 07 Mass. 619. See 1908, 220, 615; 1909, 439, 1; 490, Part III, 39-51. D. Commutation Tax. SECTION 133. A street railway company, including a com- pany whose lines are located partly within and partly without the limits of the commonwealth, whether chartered or organized under the laws of this commonwealth or elsewhere, shall annu- ally, on or before the fifteenth day of October, make and file in the office of the board of assessors of every city and town in which any part of the railway operated by it is situated a re- turn signed and sworn to by its president and treasurer, stating the length of track operated by it in public w r ays and places in such city or town, and also the total length of track operated by it in public ways and places, determined as provided in section one hundred and twenty-five, and also the amount of its gross receipts during the year ending on the preceding thirtieth day of September, including therein all amounts received by it from the operation of its railway, but excluding income derived from sale of power, rental of tracks or other sources. SECTION 134. On or before the first day of November annu- ally, the assessors of every city and town in which a street rail- way is operated, including a company whose lines are located partly within and partly without the limits of the common- wealth, whether chartered or organized under the laws of this commonwealth or elsewhere, shall assess on each company de- scribed in the preceding section operating a railway therein an PART III. OF STREET RAILWAY COMPANIES. 241 excise tax of an amount equal to such proportion of the follow- ing percentages of the gross receipts of such company as the length of tracks operated by it in public ways and places of such city or town bears to the total length of tracks operated by it in public ways and places. The percentages shall be based upon the annual gross receipts for each mile of track as follows and computed upon the aggre- gate of said annual gross receipts: four thousand dollars or less, one per cent; more than four thousand dollars and less than seven thousand, two per cent; more than seven thousand dol- lars and less than fourteen thousand, two and one quarter per cent; more than fourteen thousand dollars and less than twenty-one thousand, two and one half per cent; more than twenty-one thousand dollars and less than twenty-eight thou- sand, two and three quarters per cent; twenty-eight thousand dollars or more, three per cent. The excise tax provided by this section shall be in addition to the taxes otherwise provided by law. SECTION 135. The aldermen of a city, the selectmen of a Revision of town or a street railway company operating in such city or town ill's. 578, s. may petition the board of railroad commissioners for a revision gd^M^su. of the amount of the excise tax to be paid by a company under 6*1^09*439, the provisions of the preceding section. Said board shall, upon | 7 y s such petition, after public notice and a hearing at which said aldermen or selectmen and said company may submit evidence, determine the average annual cost to said city or town of the work done by it during the preceding three years under the pro- visions of this act which it was not by law required to do prior to the first day of October in the year eighteen hundred and ninety-eight, and also the average annual payments made by said company to said city or town under and pursuant to the provisions of the preceding section during said three years; and having determined said average annual cost and average annual payments, said board shall fix and determine the proportion of a percentage of the gross receipts which shall be paid as an excise tax under the provisions of said section by the company to said city or town annually thereafter, said percentage to be fixed at such a rate as will be necessary to yield to said city or town annually thereafter an amount equal to the average annual cost to said city or town determined as aforesaid; and the per- centage so fixed shall not be again changed for the period of three years and only in the manner herein provided. Said board may at any time upon petition therefor by a city or town entitled to a part of the excise tax paid by a street railway company, after such notice as the board may order to all other cities and towns entitled to share in the excise tax paid by said company, and after a hearing, determine as to the dis- tribution thereof among the several cities and towns in which such company operated any part of its railway, and fix the proportions thereof to which they shall respectively be entitled, which shall thereafter be the proportions of said excise tax to 242 PART III. OF STREET RAILWAY COMPANIES. Notice to tax collector of amount of excise tax. 1898, 578, 9. R. L. 14, 46. See 1908, 220, 615; 1909, 439, 1; 490, Part III, 39-51. Returns of street railway and electric railroad com- panies to as- sessors. 1898, 417; 578, 6. R. L. 14, 43. 1906, 463, Part III, 133 516, 22. 181 Mass. 205. 182 Mass. 41, 49. 184 Mass. 294. 187 Mass. 352. 190 Mass. 123. 196 U. S. 539. 201 Mass. 520. Amended by 1912, 457, 2. Excise tax. 1898, 417; 578, 7. R. L. 14, 44. 1906, 463, Part III, 134; 516, 23. 181 Mass. 205. 182 Mass. 41, 49. 184 Mass. 294. 187 Mass. 352. 190 Mass. 123. 196 U. S. 539. 207 Mass. 517, 620. be assessed upon said company, instead of the proportion based upon length of tracks as hereinbefore provided. SECTION 136. Prior to the fifteenth day of November in each year, the assessors of every city and town shall notify the collector of taxes thereof of the amount of excise tax assessed therein under the provisions of section one hundred and thirty- four, and the collector shall forthwith notify the treasurer of every street railway company of the amount of excise tax so assessed upon it, which shall become due and payable within thirty days after the receipt of such notice. The provisions of chapter thirteen of the Revised Laws, so far as appropriate, shall apply to the collection of such excise tax. Acts of 1909, Chapter 490, Part III, 47-50. COMMUTATION TAX. SECTION 47. A street railway or an electric railroad company, includ- ing a company whose lines are located partly within and partly without the limits of the commonwealth, whether chartered or organized under the laws of this commonwealth or elsewhere, shall annually, on or before the fifteenth day of October, make and file in the office of the board of assessors of every city and town in which any part of the railway or rail- road operated by it is situated a return signed and sworn to by its presi- dent and treasurer, stating, as of the thirtieth day of September preceding the return, in the case of a street railway company, the length of track operated by it in public ways and places in such city or town, and also the total length of track operated by it in public ways and places, and in the case of an electric railroad company stating the length of track oper- ated by it longitudinally upon public ways and places in such city or town, and also the total length of track operated by it, determined as provided in section forty, and also the amount of its gross receipts during the year ending on the preceding thirtieth day of September, including therein all amounts received by it from the operation of its railway or railroad, but excluding income derived from the sale of power, rental of tracks or other sources. SECTION 48. On or before the first day of November annually, the assessors of every city and town in which a street railway or an electric railroad is operated, including a company whose lines are located partly within and partly without the limits of the commonwealth, whether char- tered or organized under the laws of this commonwealth or elsewhere, shall assess on each company described in the preceding section operating a railway or railroad therein an excise tax of an amount equal to such pro- portion of the following percentages of the gross receipts of such com- pany as, in the case of a street railway company, the length of tracks operated by it in public ways and places of such city or town bears to the total length of tracks operated by it in public ways and places, and in the case of an electric railroad company as the length of tracks operated by it longitudinally in public ways and places of such city or town bears to the total length of tracks operated by it. The percentages shall be based upon the annual gross receipts for each mile of track as follows, and computed upon the aggregate of said an- nual gross receipts: four thousand dollars or less, one per cent; more than four thousand dollars and less than seven thousand, two per cent; more than seven thousand dollars and less than fourteen thousand, two and one quarter per cent; more than fourteen thousand dollars and less than PART III. OF STREET RAILWAY COMPANIES. 243 twenty-one thousand, two and one half per cent; more than twenty-one thousand dollars and less than twenty-eight thousand, two and three quarters per cent; twenty-eight thousand dollars or more, three per cent. The excise tax provided by this section shall be in addition to the taxes otherwise provided by law. SECTION 49. The aldermen of a city, the selectmen of a town, or a Revision of street railway or an electric railroad company operating in such city or j||' 8i 578i 5 8 town may petition the board of railroad commissioners for a revision of ^L- 14^ 45. the amount of the excise tax to be paid by a company under the provi- Part 'in, 135; sions of the preceding section. Said board shall, upon such petition, ig^Mfaa. 296. after public notice and a hearing at which said aldermen or selectmen and 207 Mass - 6SO - said company may submit evidence, determine the average annual cost to said city or town of the work done by it during the preceding three years under the provisions of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, which it was not by law re- quired to do prior to the first day of October in the year eighteen hundred and ninety-eight, and also the average annual payment made by said company to said city or town under and pursuant to the provisions of the preceding section during said three years; and having determined said average annual cost and average annual payments, said board shall fix and determine the proportion of a percentage of the gross receipts which shall be paid as an excise tax under the provisions of said section by the company to said city or town annually thereafter, said percentage to be fixed at such a rate as will be necessary to yield to said city or town annually thereafter an amount equal to the average annual cost to said city or town determined as aforesaid; and the percentage so fixed shall not again be changed for the period of three years, and then only in the manner herein provided. Said board may at any time upon petition therefor by a city or town entitled to a part of the excise tax paid by a street railway or an electric railroad company, after such notice as the board may order to all other cities and towns entitled to share in the excise tax paid by said company, and after a hearing, determine as to the distribution thereof among the several cities and towns in which such company operates any part of its railway or railroad, and fix the propor- tions thereof to which they shall respectively be entitled, which shall thereafter be the proportions of said excise tax to be assessed upon said company, instead of the proportion based upon length of tracks as here- inbefore provided. SECTION 50. Prior to the fifteenth day of November in each year the Notice to tax assessors of every city and town shall notify the collector of taxes thereof j^ountof* of the amount of excise tax assessed therein under the provisions of sec- excise tax. 1898 578 5 Q tion forty-eight, and the collector shall forthwith notify the treasurer of R. L! 14, |4& each street railway and electric railroad company of the amount of excise part'm^s ise- tax so assessed upon it, which shall become due and payable within thirty 516, 25. days after the receipt of such notice. The provisions of Part II, so far ^or Mall'. 520. as appropriate, shall apply to the collection of such excise tax. E. Application of Taxes. SECTION 137. All taxes which are collected from a street es cation f railway company and paid to a city or town under the pro- i898,'578, 10. visions of the preceding section, of section one hundred and 267 Mass. 526. thirty-two, and of section twenty-eight of chapter five hundred 615,^909^439, and seventy-eight of the acts of the year eighteen hundred and Palt^iii, ninety-eight shall be applied toward the repair and maintenance S9 ~ 51 - 244 PART III. OF STREET RAILWAY COMPANIES. Amended by 1907, 318; 1909, 490, Part III, SI. 1906, 463, amended, Application of taxes. Application of taxes. 1898, 578, 10. R. L. 14, 47. 1906, 463, Part III, 137; 516, 26. 1907, 318. 181 Mass. 205. 182 Mass. 41. 184 Mass. 294. 190 Mass. 123. 207 Mass. 680. [of the portions of the public ways and places in which the tracks of such company are located, and to the removal of snow from such public ways and places within such city or town.] of the public ways and the removal of snow therefrom within such city or town. Acts of 1907, Chapter 318. An Act relative to the Removal of Snow by Street Railway Companies and to the Application of Taxes received from Such Companies. SECTION 1. Section one hundred and thirty-seven of Part III of chap- ter four hundred and sixty-three of the acts of the year nineteen hundred and six is hereby amended by striking out all after the word "mainte- nance", in the seventh line, and inserting in place thereof the words: of the public ways and removal of snow therefrom within such city or town, so as to read as follows: Section 137. All taxes which are collected from a street railway company and paid to a city or town under the provisions of the preceding section, of section one hundred and thirty- two, and of section twenty-eight of chapter five hundred and seventy- eight of the acts of the year eighteen hundred and ninety-eight, shall be applied toward the repair and maintenance of the public ways and the removal of snow therefrom within such city or town. SECTION 2. This act shall take effect upon its passage. [Approved April 22, 1907. Acts of 1909, Chapter 490, Part III, 51. SECTION 51. All taxes which are collected from a street railway or an electric railroad company and paid to a city or town under the provisions of the preceding section, of section sixty-five, and of section twenty-eight of chapter five hundred and seventy-eight of the acts of the year eighteen hundred and ninety-eight, shall be applied in the case of street railway companies toward the repair and maintenance of the public ways and the removal of snow therefrom within such city or town, and in the case of electric railroad companies shall be applied toward the construction, repair and maintenance of the public ways and places in which the tracks of such company are located, and to the removal of snow from such public ways and places within such cities and towns. Dissolution. 1852, 55, 1, 3. G. S. 68, 35. P. S. 105, 40. R. L. 109, 52. 7 Gray, 119, 393. 9 Gray, 34. 13 Allen, 497. 99 Mass. 267. 119 Mass. 447. Continuation for three years to close con- cerns. 1819, 43. R. S. 44, G. S. 68, P. S. 105, R. L. 109, 16 Mass. 245. 22 Pick. 180. 23 Pick. 345. 123 Mass. 32. 161 Mass. 443. See 1910, 187. 7. 36. 41. 53. DISSOLUTION. SECTION 138. If a majority in interest of the stockholders of a street railway company desire to close its affairs, they may file a petition therefor in the supreme judicial court or the superior court, setting forth in substance the grounds of their application, and the court, after notice to parties interested and a hearing, may decree a dissolution of said company. A com- pany so dissolved shall be held to be extinct in all respects as if its corporate existence had expired by its own limitation. SECTION 139. Every street railway company whose charter expires by its own limitation or is annulled by forfeiture or otherwise, or whose corporate existence for other purposes is terminated in any other manner, shall nevertheless be continued as a body corporate for three years after the time when it would have been so dissolved, for the purpose of prosecuting and de- fending suits by or against it, and of enabling it gradually to settle and close its affairs, to dispose of and convey its prop- PART III. OF STREET RAILWAY COMPANIES. 245 erty, and to divide its capital stock, but not for the purpose of continuing the business for which it was established. SECTION 140. If the charter of a street railway company Receivers. expires or is annulled, or if the company is dissolved as pro- R. s! 44, ' 8. vided in section one hundred and thirty-eight, or if its corporate 9 i 52 , 55, 2. existence for other purposes is terminated in any other man- ^ s - 68 - 37 - ner, the supreme judicial court or the superior court, upon ^^ ^3' application of a creditor or stockholder, shall have jurisdiction i^, 203. in equity to appoint one or more receivers to take charge of its 157 Mass! si. estate and effects, and to collect the debts and property due and belonging to it; with power to prosecute and defend suits in its name or otherwise, to appoint agents under them, and to do all other acts which might be done by such company, if in being, which may be necessary for the final settlement of its unfin- ished business. The powers of such receivers may be continued as long as the court finds necessary for said purposes. SECTION 141. The receivers shall pay all debts due from the to pay debts company, if the funds in their hands are sufficient therefor; surplus. and if they are not, they shall distribute them ratably among R 83 !.' 44? 10. the creditors who prove their debts in the manner directed by G 85 f; II' f fg. any decree of the court for that purpose. If there is a balance ^ ' Jog' 55' remaining after the payment of the debts, the receivers shall l Gr& y> 3 % 2 - distribute and pay it to those who are justly entitled thereto as having been stockholders of the company, or their legal repre- sentatives. SECTION 142. If a petition, signed and sworn to by a ma- surrender of jority in interest of the stockholders of a street railway com- hicoVo^tion. pany organized under the general laws, has, with the certificate R 898 ; 109, 55. of incorporation, been filed in the office of the secretary of the commonwealth, stating that such stockholders desire to sur- render the certificate of incorporation and to have the company dissolved and giving their reasons therefor, the secretary, if he consider such reasons sufficient, shall require the petitioners to publish a notice in one or more newspapers in the county in which the principal office of the company is located, that, for reasons which appear to him to be sufficient, the certificate of incorporation of the company therein named is annulled. Upon the filing by the petitioner with the secretary of a copy of each newspaper in which the notice of dissolution was ordered to be published, the company shall be dissolved, subject to the provi- sions of the three preceding sections. SECTION 143. If a street railway company is dissolved, the Returns to clerk of the court in which the decree for dissolution is entered the r co1nmon- shall forthwith make return thereof to the secretary of the com- dissolution. mon wealth, giving the name of the company dissolved, and the p 88 g- \%* 5 - 45 date upon which such decree was entered. R- L - 109 - 57. SALE BY RECEIVERS. SECTION 144. A receiver of the property of a street railway Sale of railway company may, by order of the court, sell and transfer the rail- i9oo, C 38i! r i, way and property of such company, its locations and franchises, R '. 6 L . 112, 12. 246 PART III. OF STREET RAILWAY COMPANIES. 191 Mass. 525, on such terms and in such manner as the court may order. The 209 Mass. 214. purchasers from such receiver, and a company organized under the provisions of the following section, if such railway has been transferred to it, shall hold and possess said railway, all its rights and franchises and all property acquired in connection therewith, with the same rights and privileges and subject to the same duties and liabilities as the original street railway company; but no action shall be brought against such pur- chasers or such new company, to enforce any liability incurred by said original company, except debts and liabilities owing from said original company to any city or town within which the railway is operated and taxes and assessments for which said original company is liable under the statutes relating to street railways, which shall be assumed and paid by said new- company. The provisions of this section shall not impair the powers of the holders of an outstanding mortgage to enforce their rights by suit or otherwise. ^cutfonof SECTION 145. The purchasers at such sale shall, with their i9W) C 38 1 i pa n V 3 assoc i a tes, to the number of at least fifteen, within sixty days 4,5.' ' after such sale, organize a company for the purpose of holding, ' is, 14.' owning and operating the street railway purchased, by filing in 191 Mass. 526, ^g office of the secretary of the commonwealth a written agree- 209 Mass. 214. ment o f assO ciation, which shall state: (a) That the subscribers thereto associate themselves with the intention of forming a street railway company. (6) The corporate name assumed, which shall be one not in use by any other street railway company in this commonwealth, or, in the judgment of the board of railroad commissioners, so similar thereto as to be likely to be mistaken for it, and which shall contain the words, "street railway company", at the end thereof. (c) The corporate name of the street railway company whose property and franchises have been purchased. (d) The termini of the railway. (e) The length of the railway, as nearly as may be. (/) The name of each city and town in which the railway is located. ( is authorized by section nine. Thereupon, the company shall organize in the manner provided for the organization of a street railway company under general laws. Such company may be- gin business as soon as it is organized, and shall have all the rights and be subject to all the duties of a street railway com- pany, except as otherwise provided in this and the preceding section. If said purchasers fail to organize a company as here- inbefore provided, all rights and powers to operate said rail- way shall thereupon cease. SAVINGS BANKS. [SECTION 147. In addition to the investments authorized by Savings banks i iiiii' ni may invest in section twenty-six ot chapter one hundred and thirteen of the certain street Revised Laws, savings banks and institutions for savings may i902, a 483? i. invest their deposits and the income derived therefrom in the bonds, approved by the bank commissioner, as hereinafter pro- vided for, of any street railway company incorporated in this commonwealth, the railway of which is situated wholly or partly therein, and which has earned and paid annually for the five years last preceding the certification hereinafter provided for of the board of railroad commissioners dividends of not less than five per cent per annum upon all of its outstanding cap- ital stock. In any case where two or more companies have been consolidated by purchase or otherwise during the five years prior to the certification aforesaid the payment severally from the earnings of each year of dividends equivalent in the aggre- gate to a dividend of five per cent upon the aggregate capital stocks of the several companies during the years preceding such consolidation shall be sufficient for the purpose of this section. Dividends paid to the stockholders of the West End Street Rail- way Company by way of rental shall be deemed to have been earned and paid by said West End Street Railway Company within the meaning of this section.] [SECTION 148. The board of railroad commissioners shall on Railroad com- or before the fifteenth day of January of each year transmit txMsnSfusTto to the bank commissioner a list of all street railway companies ^oner commis " which appear from the returns made by said companies to have I 902 - ?*?: 2 - .,.,.. ~ -11 Repealed by properly paid, without impairment ot assets or capital stock, IMS, 390, eg. the dividends required by the preceding section.] [SECTION 149. The bank commissioner shall, as soon as may Bank commis- be after the receipt of the list provided for in the preceding pare e ii^ts. pre ' section, prepare a list of such bonds issued by any street rail- ^peaiflby 3 " way company and certified by the board of railroad commis- j^f '.' 6 /~ 248 PART III. OF STREET RAILWAY COMPANIES. sioners, in accordance with the provisions of the preceding section, as the bank commissioner shall deem good and safe securities for the investments of savings banks and institu- tions for savings. Such list shall at all times be kept open to the inspection of the public.] [SECTION 150. Savings banks and institutions for savings may invest their deposits and the income derived therefrom in the note or notes of any citizen of this commonwealth, with a pledge as collateral, at not more than the par value thereof, of 1908, 690, 69. f, ? J e '1 ! 1. .J. 1909, 491, s. the bonds ot a street railway company in which the savings banks of the commonwealth are authorized by law to invest.] Savings banks may loan upon certain street railway bonds as collateral. 1904, 210. Repealed by may invest in other street railway bonds, etc. 68 amended by 1909, 491, 8; 1910, 622, 10; 1913,680; 1913, 291. See 1912, 128, and 1913, 291, as to failure of compliance for two successive years. Amended. See 1909, 491, 8. 1910, 358. SAVINGS BANKS INVESTMENTS. Acts of 1908, Chapter 590, 68, clauses 5, 8. STREET RAILWAY BONDS. Fifth. In the bonds of any street railway company incorporated in this commonwealth, the railway of which is located wholly or in part therein, and which has earned and paid in dividends in cash an amount equal to at least five per cent upon all its outstanding capital stock in each of the five years last preceding the certification by the board of rail- road commissioners hereinafter provided for. No such investment shall be made unless said company appears from returns made by it to the board of railroad commissioners to have properly paid said dividends without impairment of assets or capital stock, and said board shall on or before the fifteenth day of January in each year certify and transmit to the bank commissioner a list of such street railway companies. Dividends paid by way of rental to stockholders of a leased street rail- way company shall be deemed to have been earned and paid by said com- pany within the meaning of this clause, provided that said company shall have annually earned, and properly paid in dividends in cash, without impairment of assets or capital stock, an amount equal to at least five per cent upon all its outstanding capital stock in each of the five fiscal years next preceding the date of the lease thereof. If two or more street railway companies have been consolidated by pur- chase or otherwise during the five years prior to said certification, the payment severally from the earnings of each year of dividends equiva- lent in the aggregate to a dividend of five per cent on the aggregate capi- tal stocks of the several companies during the years preceding such con- solidation shall be sufficient for the purpose of this act. Eighth. . . . c. A bond or note of a gas, electric light, telephone or street railway corporation incorporated or doing business in this com- monwealth and subject to the control and supervision thereof: provided, that the net earnings of said corporation, after payment of all operating expenses, taxes and interest, as reported to, and according to the require- ments of, the proper authorities of the commonwealth, have been in each of the three fiscal years next preceding the making or renewing of such loan equal to not less than four per cent on all its capital stock out- standing in each of said years. BOOKS, RETURNS AND REPORTS. Books and SECTION 151. Every street railway company shall keep its returns. . , , . ' . " , 1857, 40, 5, books and accounts in a uniform manner, upon the system pre- i&fsfil.Ys. 3 ' scribed by the board of railroad commissioners; and the direc- H3 6 , 3 i44. tors of every company shall annually, on or before the first PART III. OF STREET RAILWAY COMPANIES. 249 Wednesday of November, transmit to said board a return of ^6, 2 4^.' the doings of the company for the year ending on the thirtieth j|' j^- 383 - day of September preceding, which shall be sworn to by them- fl^'^l'. 5 ^ selves and by the treasurer and the superintendent of the com- i. ' pany. Such return shall set forth copies of all leases and R. L. 112! 93! contracts made during the year with other companies and individ- ^'i^swfsss, uals, and shall contain full and complete information upon the ^^urnf i ff i i f 1864,229, 42. accounts; and shall annually, on or before the fifteenth day of i87i, 38i, 1 54. September, furnish blank forms for such returns. R'. L. 112; 94! SECTION 153. The board of railroad commissioners shall J^^f"^ prepare tables and abstracts of the returns of the several com- ^J^ 1 ^ , 55 panics, and transmit said returns and tables and abstracts to P. s.' us, | the secretary of the commonwealth at the time and in the man- ner provided in section five of Part I for the transmission of the returns of railroad corporations. SECTION 154. The lessee of a street railway shall make to Lessee of the company which owns it the same annual return under oath to r make 8 rme of the operations and business of the railway as is required of USS?* the company which owns it; and, for failure so to do, shall be ilyt' lli' | 32' liable in an action of tort to said company for all the penalties P- |- jj 3 - 1 j>i- prescribed by law for failure by it to make its annual return. SECTION 155. Every state board and commission shall keep Records of a record of its proceedings in any matter considered by it under EefoS bofrds. the provisions of this chapter or under any laws affecting street R 89 ; nl; 1 1|; railways, in which it shall enter every request made by any j ^ a ^; 93 ; party before it for a ruling of law and of its action upon such request, and the neglect either to grant or refuse such request shall be taken in any judicial review of such proceedings as a refusal. ADDITIONAL REMEDIES. SECTION 156. If, in the judgment of the board of railroad J^comS^ commissioners, a street railway company has violated any law sionersto . , , ,, r . . . p . , notify attor- relative to such company, and alter notice m writing trom said ney-generai of board, continues such violation, or refuses or neglects to make Taw, etc. returns as required by law, or to amend the same when law- Is3\ i. fully required so to do, said board shall forthwith present the R. !'. lillf 99! facts to the attorney-general for his action. 250 PART III. OF STREET RAILWAY COMPANIES. Enforcement of laws. 1861, 199, 1. 1864, 229, 43 1866, 294, 1. 1871, 381, 57 P. S. 113, 63 1891,293. 1898, 578, 25 R. L. 112, 100. 192 Mass. 92, 93, 116. 161 Mass. 416. 175 Mass. 518. 184 Mass. 310. SOB Mass. 96. 216. Jurisdiction in equity to re- view, annul, etc., rulings or orders of commission. Jurisdiction to enforce orders. Repeal. 210 Mass. 93. SECTION 157. The supreme judicial court or the superior court shall have jurisdiction in equity, upon the petition of a street railway company, or of the board of aldermen of a city or the selectmen of a town in which the street railway is lo- cated, or of any interested party, to compel the observance of and to restrain the violation of all laws which govern street railway companies, and of all orders, rules and regulations made in accordance with the provisions of this chapter by the board of aldermen of a city, the selectmen of a town or the board of railroad commissioners, and to review, annul, modify or amend the rulings of any state board or commission relative to street railways as law and justice may require. Acts of 1913, Chapter 784, 27, 28. SECTION 27. The supreme judicial court shall have jurisdiction in equity to review, annul, modify or amend any rulings or orders of the commission which are unlawful to the extent only of such unlawfulness. The procedure before the said court shall be that prescribed by its rules, which shall state upon what terms the enforcement of the order shall be stayed. The attorney for any party petitioning the supreme judicial court hereunder shall file with the clerk of the court a certificate that he is of opinion that there is such probable ground for the appeal as to make it a fit subject for judicial inquiry, and that it is not intended for delay; and double costs shall be assessed by the court upon any such party whose petition shall appear to the court not to be a fit subject for judicial in- quiry or shall appear to be intended for delay. The burden of proof shall be upon the party adverse to the commission to show that its order is invalid. Any proceeding in any court of this commonwealth directly affecting an order of the commission or to which the commission is a party shall have preference over all other civil proceedings pending in such court, except election cases. SECTION 28. The supreme judicial court shall have jurisdiction upon the application of the commission to enforce all valid orders of the com- mission and all the provisions of this act. Whenever the commission shall be of opinion that a common carrier subject to its supervision is failing or omitting or about to fail or omit to do anything required of it by law or by order of the commission, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of the law or of any order of the com- mission, it shall direct counsel to the commission to begin, subject to the supervision of the attorney-general, an action or proceeding in the supreme judicial court in the name of the commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions. SECTION 158. Sections forty-one, forty-three, forty-four, forty-five, forty-six and forty-seven of chapter fourteen of the Revised Laws, section twenty-two of chapter one hundred and six of the Revised Laws, chapter one hundred and twelve of the Revised Laws; chapters two hundred and eighty-eight, three hundred and seventy, three hundred and ninety-five, three hun- dred and ninety-six, three hundred and ninety-nine, four hun- dred and forty-nine and four hundred and eighty-three of the acts of the year nineteen hundred and two; chapters one hun- PART III. OF STREET RAILWAY COMPANIES. 251 dred and thirty-four, one hundred and forty-three, two hundred and two and four hundred and seventy-six of the acts of the year nineteen hundred and three; chapters one hundred and ten, two hundred and ten, two hundred and sixty-seven, three hundred and seventy-three and four hundred and forty-one of the acts of the year nineteen hundred and four; chapters eighty, one hundred and thirty-four and three hundred and seventy-six of the acts of the year nineteen hundred and five; and, so far only as they apply to street railways or street railway compa- nies, their officers, agents or employees, sections thirty-seven, thirty-eight, thirty-nine, forty, forty-two, sixty-one and sixty- two of chapter fourteen of the Revised Laws, section one of chapter thirty-four of the Revised Laws, section twenty-one of chapter forty-seven of the Revised Laws, section eighty-five of chapter forty-eight of the Revised Laws, sections nine, ten, eleven, fifteen, seventeen, eighteen, nineteen, twenty, twenty- one, twenty-four, twenty-five, twenty-seven, twenty-eight, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty- five, forty, forty-one, forty-two, forty-three, forty-four, forty- five, forty-six, forty-seven, forty-eight, forty-nine, fifty, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five, fifty-six and fifty- seven of chapter one hundred and nine of the Revised Laws, section twenty-eight of chapter one hundred and ten of the Revised Laws, section eleven of chapter one hundred and twenty-six of the Revised Laws; chapter four hundred and twenty-three of the acts of the year nineteen hundred and three; chapter three hundred and ninety-six of the acts of the year nineteen hundred and four; and chapters two hundred and sixty-six, two hundred and sixty-seven, two hundred and eighty-three and three hundred and thirty-nine of the acts of the year nineteen hundred and six are hereby repealed. SECTION 159. The provisions of this act, so far as they are Provisions, the same as those of existing statutes, shall be construed as a o?, n etc UC ' continuation thereof, and not as new enactments, and a refer- ** ence in a statute which has not been repealed to provisions of law which have been wholly or partially revised and re-enacted herein shall be construed as applying to such provisions as so incorporated in this act. The repeal of a law by this act shall not affect any act done, ratified or confirmed, or any right ac- crued or established, or any action, suit or proceeding com- menced under any of the laws repealed before the repeal took effect, or any action, suit or proceeding pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred, under any of the laws repealed, but the proceedings shall, when necessary, conform to the pro- visions of this act. Any provision of this act by which a pun- ishment, penalty or forfeiture is mitigated may be extended and applied to any judgment pronounced after said repeal. SECTION 160. This act shall not affect any act passed in the Not to affect year nineteen hundred and six unless such act is specifically repealed herein. [Approved June 7, 1906. 252 THE ELECTRIC RAILROAD LAW. THE ELECTRIC RAILEOAD LAW. CHAPTER 516 OF THE ACTS or 1906. AN ACT RELATIVE TO ELECTRIC RAILROAD COMPANIES. SECTIONS 1-13. Formation and powers. SECTIONS 14-26. Taxation. SECTION 27. Interested parties. Formation. Powers. See 1910, 587. Agreement of association, corporate name, etc. 1872, 53, 2. 1874, 298; 372, 20. 1878, 236, 1. P. S. 112, 35 K. L 111, 36 R. L. 109, 8. See 1906, 463, Part II, 14. FORMATION AND POWERS. SECTION 1. Fifteen, or more persons may associate them- selves by a written agreement of association with the intention of forming an electric railroad company. SECTION 2. Such company shall have authority, subject to the provisions of this act, to construct, operate and maintain a railroad or railway, including poles, wires, or other appliances and equipment connected therewith, of the class operated by electricity or by any power other than steam, which the board of railroad commissioners shall approve, and constructed wholly upon private land purchased or taken by said company under the provisions of this act; or constructed partly upon such pri- vate land so purchased or so taken by said company and partly upon public ways and place?, but at least one half of which is constructed upon such private land. Such company shall have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, relative to railroad corporations, set forth in chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, except as is otherwise spe- cially provided in this act. SECTION 3. The agreement of association shall state: (a) That the subscribers thereto associate themselves with the intention of forming an electric railroad company. (6) The corporate name assumed, which shall be one not in use by any other electric railroad company in the Common- wealth, or, in the judgment of the board of railroad commis- sioners, so similar thereto as to be likely to be mistaken for it, or for any railroad corporation or street railway company in this Commonwealth, and which shall contain the words, "elec- tric railroad company", at the end thereof. (c) The termini of the railroad. (d) The length of the railroad, as nearly as may be. (e) The name of each county, city and town in which the railroad is to be located. (/) The gauge of the railroad, which shall be four feet eight and one half inches. THE ELECTRIC RAILROAD LAW. 253 (i (> .. i 11*11* 1872, oo, 5. copy or the agreement or association to be published in a news- 1874, 372, 22. paper, if there be any, published in each of the cities and towns R. L. in,' 3a in which the railroad is to be located, and if, in any county, a pa'r/f/f j"*fl.' newspaper is published in none of said cities and towns therein, in such newspaper published in said county as shall be desig- nated by the board of railroad commissioners, at least once in each of three successive weeks; and the sworn certificate of the clerk shall be conclusive evidence thereof. SECTION 5. After compliance with the provisions of section Certificate of one and of the two preceding sections, and within thirty days ?enience > and after the first publication of notice of the agreement of associa- Exigency'. tion therein required, the directors therein named shall apply ^|; |gg , l to the board of railroad commissioners for a certificate that f L / Q U li ,L 4 - ... . . . . . f * ee 1906, 4"3, public convenience and necessity require the construction or a Partu, n, railroad as proposed in such agreement. With such applica- eo's Mass. 94. tion said directors shall file a map of the railroad showing the cities and towns through which it will pass, the principal high- ways, railways, railroads, navigable streams and tide waters to be crossed, and the extent to which the route of the railroad will be fixed upon private land or will be located longitudinally upon public ways and places. They shall also file a general profile of the railroad showing the grades, and shall submit an estimate showing in reasonable detail the cost of construction. The directors shall also furnish such additional maps and in- formation as said board may require. Prior to the decision of said board the directors may change or modify the route in any city or town in whole or in part either at the suggestion of said board or otherwise. If said board refuses to issue such certifi- cate, no further proceedings shall be had, but the application may be renewed after one year from the date of such refusal. SECTION 6. In case the board of railroad commissioners Proceedings grants the certificate specified in the preceding section, the di- O f e aldermen 8 rectors may, within sixty days after the granting thereof, apply S/SoJ^w, to the board of aldermen of each city and to the selectmen of iui?ng, Ui each town in which the railroad is to be located to fix the route Far / 5 g T ' s> of the railroad in such city or town, and with such application the directors shall file a copy of the maps and general profile, 254 THE ELECTRIC RAILROAD LAW. [Amended. 1907,428, 1906, 616, 6, amended. and, upon request, the other information presented to the board of railroad commissioners. The board of aldermen and the selectmen shall give fourteen days' notice of the time and place for a hearing on such application by publication thereof in one or more newspapers, if there be any, published in said city or town; otherwise in such newspaper or newspapers published in the county in which the city or town is situated as shall be des- ignated by the board of railroad commissioners; and written notice of the time and place at which such hearing will be held shall be mailed at least seven days before said hearing by the clerk of the city or town in which the application for locations has been filed to the owners as determined by the last preceding assessment for taxation of real estate along the public ways or parts of ways upon which it is proposed to construct said line and to the owners of private land upon which the route of the railroad is to be fixed, [The board of aldermen or the selectmen shall set forth in the certificate required by section seven the fact that such notice was mailed as above provided.] and said clerk shall make and deliver to the directors at the hearing a cer- tificate setting forth the fact that such notice was published and mailed as provided above, and such certificate shall be conclusive evidence thereof. Acts of 1907, Chapter 428, 1. An Act relative to Electric Railroad Companies. SECTION 1. Section six of chapter five hundred and sixteen of the acts of the year nineteen hundred and six is hereby amended by striking out at the end thereof the words "The board of aldermen or the select- men shall set forth in the certificate required by section seven the fact that such notice was mailed as above provided", and inserting in place thereof the words : and said clerk shall make and deliver to the direc- tors at the hearing a certificate setting forth the fact that such notice was published and mailed as provided above, and such certificate shall be conclusive evidence thereof, so as to read as follows : Section 6. [For 6 as amended, see above.] Fixing the route. See 1906, 463, Part II, SO, 21. 1912, 726, Part II, 3, below. By aldermen or selectmen. SECTION 7. If the route designated in the application is agreed to by the board of aldermen or the selectmen, and all requirements in respect of the part of said route located longi- tudinally upon public ways and places are assented to by the directors, and thereafter are approved in writing by the board of railroad commissioners, the board of aldermen or the select- men shall make a certificate setting forth the route as fixed by them, which shall be certified by said board or their clerk to the directors, and no further proceedings shall be necessary, but the route so agreed to shall be the route of said railroad in such city or town, except as hereinafter provided. If the board of aldermen or the selectmen agree with the directors upon a route different from that designated in the application, or [if the board of aldermen or the selectmen fail to agree with the directors upon a route, or as to the requirements in respect of THE ELECTRIC RAILROAD LAW. 255 the part of the route located longitudinally upon public ways and places, the directors within ninety days after the date of the filing of the application or within fourteen days after the failure to approve the requirements, may apply to the board n r b oad r com- of railroad commissioners, which may, in its discretion, after pj^ 10 ^ 8 - notice to the board of aldermen or the selectmen, and after 1907, 4*s', *; public notice and a hearing, fix the route of said railroad in ' such city or such town, which route may be either the route designated in the application, or the route agreed to by the board of aldermen or the selectmen and the directors.] fail- within ninety days after the date of the filing of the application to agree with the directors upon a route, or as to requirements in respect of the part of the route located longitudinally upon public ways and places which meet with the approval of the board of railroad commissioners, the directors or the board of aldermen or selectmen within one hundred days after the date of the filing of the application may apply to the board of railroad commis- sioners, which may, in its discretion, after notice to the directors and board of aldermen or selectmen, and after public notice and a hearing, fix the route and determine the grades and method of constructing said railroad in such city or in such town, and no change shall thereafter be made by the directors in the grades or method of construction so determined without the approval in writing of the board of railroad commissioners after notice to the board of aldermen or selectmen and after public notice and a hearing. Said board shall thereupon make a certificate set- ting forth the route as fixed by it, which route shall be certified by its clerk to the directors. In fixing such route the board of railroad commissioners shall not locate it longitudinally upon any public way or place in such city or town without the con- sent of the board of aldermen of such city or the selectmen of such town. That part of the route which consists of a loca- tion longitudinally upon a public way or place shall not be deemed to be fixed until all requirements which may be im- posed in respect of it by the board of aldermen, or the select- men, as the case may be, are approved in writing by the board of railroad commissioners. In case the route in any city or town, as fixed either by the board of aldermen or selectmen, or by the board of railroad commissioners, in the manner hereinbefore pro- vided, is different from the route designated in the application of the directors, and in case said change of route in the opinion of the directors makes it desirable to change the route of said railroad in any of the other cities or towns through which the route of said railroad passes, or in case in the opinion of the directors it be- comes desirable to change the route of the railroad so as to pass through any cities or towns not named in the agreement of asso- ciation of said railroad company or to change the route so as no longer to pass through certain cities or towns in which the direc- tors have applied to have the route fixed, then the directors may at any time before the route in all the cities and towns is finally fixed, or icithin thirty days thereafter, apply to the board of rail- 256 THE ELECTRIC RAILROAD LAW. road commissioners for leave to apply again to the board of alder- men or selectmen of any cities or towns to fix a new route other than that originally applied for within such cities or towns, or to apply to the board of aldermen or selectmen of any cities or towns not named in the agreement of association of said railroad com- pany to fix a route of the railroad passing through such cities or towns, or for leave to abandon the route in any cities or towns in which the directors have applied, as aforesaid, to have the route fixed. With such application to the board of railroad commis- sioners the directors shall file a map and general profile showing the change in the route as proposed, which map and general profile shall be in the same form as those filed under the provisions of section five, and the directors shall also furnish such additional information as the board may require. The board shall give a public hearing upon such application after giving such notice to the directors and to the board of aldermen or selectmen of such cities or towns as it may deem requisite. In case the board au- thorizes the directors to apply to any cities or towns to fix a route other than that designated in the original application, then all proceedings hitherto taken in regard to fixing the route in such cities or towns shall become null and void, and the directors shall, within sixty days thereafter, again apply to the board of aldermen of such cities and to the selectmen of such towns to fix anew the route of the railroad in such cities or towns, and with such appli- cation shall file a copy of the maps and general profile of such proposed altered route, and, upon request, the other information presented to the board of railroad commissioners. The proceed- ings thereafter upon such application shall be the same as those provided in the case of an original application. And in case the board of railroad commissioners authorizes the directors to apply to any cities or towns not named in said agreement of association to fix a route of the railroad passing through said cities or towns, then the directors shall, within sixty days after the granting of such authority, apply to the board of aldermen or selectmen of such cities or towns to fix the route of the railroad in such cities or towns. Said application shall be made in the same manner and the proceedings thereon shall be the same as in the case of an application to fix the route of the railroad to the board of aldermen or selectmen of a city or town originally named in the agreement of association of such railroad company. In case the board authorizes the directors to abandon entirely the route in any cities or towns in which the directors have applied, as aforesaid, to have the route fixed, then any action taken in regard to fixing the route in such cities or towns shall become null and void, and the railroad company shall be under no obligation to construct its railroad therein. The order of the railroad commissioners author- izing the directors to apply for a route of the railroad in any city or town not named in the agreement of association or the order of railroad commissioners under which the route in any cities or towns is abandoned, shall operate as an amendment to the clauses in said agreement of association which name the cities or towns THE ELECTRIC RAILROAD LAW. 257 in which the railroad is to be located, and the terminal thereof, and a certified copy of said order shall be attached to the agreement of association. Acts of 1907, Chapter 428, 2. SECTION 2. Section seven of said chapter five hundred and sixteen is isoe, die, 7, hereby amended by striking out all after the word "or", in the four- amended - teenth line, down to and including the word "directors", in the twenty- sixth line, and inserting in place thereof the following: fail within ninety days after the date of the filing of the application to agree with the directors upon a route, or as to requirements in respect of the part of the route located longitudinally upon public ways and places which meet with the approval of the board of railroad commissioners, the directors or the board of aldermen or selectmen within one hundred days after the date of the filing of the application may apply to the board of railroad commissioners, which may, in its discretion, after notice to the directors and board of aldermen or selectmen, and after public notice and a hearing, fix the route and determine the grades and method of con- structing said railroad in such city or in such town, and no change shall thereafter be made by the directors in the grades or method of construc- tion so determined without the approval in writing of the board of rail- road commissioners after notice to the board of aldermen or selectmen and after public notice and a hearing, so as to read as follows: Sec- tion 7. [For 7 as amended, see above.] Acts of 1908, Chapter 450. An Act relative to Electric Railroad Companies. Section seven of chapter five hundred and sixteen of the acts of the IOOG, sie, 7. year nineteen hundred and six, as amended by section two of chapter | n ^ lauded' four hundred and twenty-eight of the acts of the year nineteen hundred and seven, is hereby further amended by inserting after the word "town", in the twelfth line, the words: except as hereinafter provided, and by adding at the end of said section the words : In case the route in any city or town, as fixed either by the board of aldermen or selectmen, or by the board of railroad commissioners, in the manner hereinbefore provided, is different from the route designated in the application of the directors, and in case said change of route in the opinion of the directors makes it desirable to change the route of said railroad in any of the other cities or towns through which the route of said railroad passes, or in case in the opinion of the directors it becomes desirable to change the route of the railroad so as to pass through any cities or towns not named in the agreement of association of said railroad company or to change the route so as no longer to pass through certain cities or towns in which the directors have applied to have the route fixed, then the directors may at any time before the route in all the cities and towns is finally fixed, or within thirty days thereafter, apply to the board of railroad commis- sioners for leave to apply again to the board of aldermen or selectmen of any cities or towns to fix a new route other than that originally applied for within such cities or towns, or to apply to the board of aldermen or selectmen of any cities or towns not named in the agreement of associa- tion of said railroad company to fix a route of the railroad passing through such cities or towns, or for leave to abandon the route in any cities or towns in which the directors have applied, as aforesaid, to have the route fixed. With such application to the board of railroad commissioners the directors shall file a map and general profile showing the change in the 258 THE ELECTRIC RAILROAD LAW. Location in public way or place. See 1906, 463, Part III, 7. route as proposed, which map and general profile shall be in the same form as those filed under the provisions of section five, and the directors shall also furnish such additional information as the board may require. The board shall give a public hearing upon such application after giving such notice to the directors and to the board of aldermen or selectmen of such cities or towns as it may deem requisite. In case the board author- izes the directors to apply to any cities or towns to fix a route other than that designated in the original application, then all proceedings hitherto taken in regard to fixing the route in such cities or towns shall become null and void, and the directors shall, within sixty days thereafter, again apply to the board of aldermen of such cities and to the selectmen of such towns to fix anew the route of the railroad in such cities or towns, and with such application shall file a copy of the maps and general profile of such proposed altered route, and, upon request, the other information presented to the board of railroad commissioners. The proceedings there- after upon such application shall be the same as those provided in the case of an original application. And in case the board of railroad com- missioners authorizes the directors to apply to any cities or towns not named in said agreement of association to fix a route of the railroad pass- ing through said cities or towns, then the directors shall, within sixty days after the granting of such authority, apply to the board of aldermen or selectmen of such cities or towns to fix the route of the railroad in such cities or towns. Said application shall be made in the same manner and the proceedings thereon shall be the same as in the case of an appli- cation to fix the route of the railroad to the board of aldermen or select- men of a city or town originally named in the agreement of association of such railroad company. In case the board authorizes the directors to abandon entirely the route in any cities or towns in which the directors have applied, as aforesaid, to have the route fixed, then any action taken in regard to fixing the route in such cities or towns shall become null and void, and the railroad company shall be under no obligation to construct its railroad therein. The order of the railroad commissioners authorizing the directors to apply for a route of the railroad in any city or town not named in the agreement of association or the order of railroad commis- sioners under which the route in any cities or towns is abandoned, shall operate as an amendment to the clauses in said agreement of association which name the cities or towns in which the railroad is to be located, and the terminal thereof, and a certified copy of said order shall be attached to the agreement of association, so as to read as follows : Section 7. [For 7 as amended, see above.] Part of 1912, Chapter 725, Part II, 3. . . . Provided, however, that the foregoing provisions relating to fixing the route by the boards of aldermen and by the selectmen or by the rail- road commissioners shall not apply to an electric railroad company, the route of whose railroad has been previously fixed by the boards of aldermen and by the selectmen or by the railroad commissioners under chapter five hundred and sixteen of the acts of the year nineteen hundred and six and acts in amendment thereof and in addition thereto. SECTION 8. If the board of aldermen or the selectmen are of opinion that public convenience and necessity require the railroad to be constructed in part longitudinally upon a public way or place, they may, in granting or agreeing to a location upon such public way or place, prescribe how the tracks shall THE ELECTRIC RAILROAD LAW. 259 be laid, and the kind of wires, poles, rails and other appliances which shall be used, and may impose such terms, conditions and obligations incidental to and not inconsistent with the ob- jects of a street railway company as the public interests may in their judgment require, and the board of railroad commission- ers may approve. Acts of 1910, Chapter 587. An Act limiting the Time of Construction of the Railroads of Electric Railroad Companies. SECTION 1. If an electric railroad company, incorporated under chap- Time of con- ter five hundred and sixteen of the acts of the year nineteen hundred thTraliroads and six, does not begin the construction of its railroad and expend thereon of electric at least ten per cent of the amount of its original capital stock within paries limited, two years after the date of its certificate of incorporation, and does not etc< complete and open its railroad for use within four years after said date, its corporate powers and existence shall. cease, unless the board of railroad commissioners, after public notice and a hearing, shall extend said time by a certificate, stating that in its judgment due diligence has been ex- ercised by the corporation, and that public necessity and convenience require such extension. SECTION 2. If an electric railroad company, incorporated under said ~ e jf n co ^~ d chapter five hundred and sixteen, does not complete and open for use an opening for extension within four years after the date of the authorization of the tension* 11 ex ~ extension by the board of railroad commissioners, the power of the com- limited, etc. pany to construct and operate the same shall cease, unless the said board, after public notice and a hearing, shall extend said time by a certificate stating that in its judgment due diligence has been exercised by the corporation, and that public necessity and convenience require the said extension of time. SECTION 3. This act shall not apply to the form of railroad known as Not to apply the Boynton Bicycle Railroad nor to the Boston, Quincy and Fall River reload!* 1 ' Bicycle Railway Company which was incorporated by chapter five hun- dred and twenty-seven of the acts of the year eighteen hundred and ninety- seven, and to which corporation, by subsequent acts, an extension of time for the building of its railway has been granted. SECTION 4. This act shall take effect upon its passage. [Approved June 3, 1910. SECTION 9. The certificate of incorporation issued by the Certificate of secretary of the commonwealth to the company shall contain 5ee ;oeuetc - Part II of said chapter four hundred and sixty-three shall apply to an electric railroad company, with the addition, after the word "track", in the second line thereof, of the words "not within the limits of a high- way"; and section sixty-three of Part I of said chapter shall apply to such company, with the addition, after the word "upon", in the four- teenth line thereof, of the words "that part of", and after the word "rail- road", in the fourteenth and fifteenth lines thereof, of the words "not within the limits of a highway." SECTION 5. This act shall apply to all pending proceedings under said T pp!y to ,. ujj j A pending pro- chapter five hundred and sixteen. ceedings. SECTION 6. This act shall take effect upon its passage. [Approved May 17, 1907. TAXATION. A. Corporate Franchise Tax. SECTION 14. Every electric railroad company organized Annual i i __a i i i i i returns to tax under the general laws ot the commonwealth, in addition to all commissioner. returns required by its charter, shall annually, between the first a. 262 THE ELECTRIC RAILROAD LAW. 1865, 283, 3. 1880, 117, 2. P. S. 13, 38. 1885, 238, 1. 1886, 270. 1888, 413, 24. 1898, 417; 578, 2. R. L. 14, 37. 12 Allen, 75. 98 Mass. 25. 139 Mass. 561. 144 Mass. 598 146 Mass. 408. 157 Mass. 70. [1 Op. A. G. 278.] See 1909, 440, 2, for amend- ment to 14, 15, 20. Valuation of corporate franchise, etc. Deductions. 1864, 208, 5, 6. 1865, 283, 4,5. 1880, 117, 2. P. S. 13, 39, 40. 1885, 238, 1. 1886, 270. 1898, 417. R. L. 14, 38. 13 Allen, 391. 98 Mass. 19, 25. 100 Mass. 184, 399. 125 Mass. 568. 137 Mass. 80. 139 Mass. 561. 144 Mass. 598. 146 Mass. 408. 152 Mass. 372. 157 Mass. 70. 167 Mass. 522. 163 U. S. 1. Corporation to appeal from local valua- tion, when. 1865, 283, 6. P. S. 13, 41. 1890, 127, 7. 1898, 417. R. L. 14, 39. Tax to be paid on corporate franchise. and tenth days of [May] April, return to the tax commissioner, under the oath of its treasurer, a complete list of its shareholders, their residences, the number of shares belonging to each, the amount of the capital stock of the company, its place of busi- ness and the par value and market value of the shares made up as of said first day of [May] April. If stock is held as collateral security, such return shall state the name and residence of the pledgor and of the pledgee. It shall also contain a statement in detail of the works, structures, real estate and machinery owned by said company and subject to local taxation within the commonwealth, and of the location and value thereof. Such company shall also state in its return the whole length of its line, and so much of the length of its line as is without the commonwealth, and so much as is constructed on private land; also the length of track operated by the electric railroad com- pany in each city and town on the thirtieth day of September preceding the return, to be determined by measuring as single track the total length of all tracks operated by it, including sidings and turn-outs, whether owned or leased by it or over which it has trackage rights only; and the amount of dividends paid on its capital stock during the year ending on such pre- ceding thirtieth day of September and during each year from the organization of the company. SECTION 15. The tax commissioner shall ascertain from the returns or otherwise the true market value of the shares of each electric railroad company, and shall estimate therefrom the fair cash value of all of said shares constituting its capital stock on the preceding first day of [May] April, which, unless by the charter of the company a different method of ascertaining such value is provided, shall, for the purposes of this act, be taken as the true value of its corporate franchise. From such value there shall be deducted so much of the value of its capital stock as is pro- portional to the length of that part of its line, if any, lying without the commonwealth; and also the value of its real estate with machinery subject to local taxation within the common- wealth. For the purposes of this section, the tax commissioner may take the value at which such real estate and machinery are as- sessed at the place where they are situated as the true value, but such local assessment shall not be conclusive of the true value thereof. SECTION 16. The tax commissioner may require the com- pany to prosecute an appeal from the valuation of its real estate or machinery by the assessors of a city or town, either to the county commissioners or to the superior court, whose decision shall be conclusive upon the question of value. Upon such appeal the tax commissioner may be heard, and in the superior court costs may be awarded as justice requires. SECTION 17. Every electric railroad company subject to the provisions of section fourteen shall annually pay a tax upon its THE ELECTRIC RAILROAD LAW. 263 corporate franchise, after making the deductions provided for Rate, how de- . r, , , t i termmed. in section fifteen, at a rate equal to the average of the annual 1864, 208, 5. rates for the three years preceding the year in which the assessment isso! 117! 2. is laid, the annual rate to be determined by an apportionment i88fi,238?i. of the whole amount of money to be raised by taxation upon |ff |; 4 24 . property in the commonwealth during the same year as ^ ; 9 ; \\ 7 ^ 40 returned by the assessors of the several cities and towns under || 8 A " en> 75> the provisions of section ninety-three of chapter twelve of the 98 Mass. 19, Revised Laws, and amendments thereof, upon the aggregate 99' Mass, ue, valuation of all cities and towns for the preceding year as los'Mass. 527. returned under sections sixty and sixty-one of said chapter 137 Mass! so 9 ' and amendments thereof; but if the return from any city or HI Mass! fos". town is not received [prior to the twentieth day of] on or before \^ Mass. ;, the first Monday of August, the amount raised by taxation in 6 ^ u la s e 'i2cf' such city or town for the preceding year, as certified to the Amended by [f i i , | i . 1 1909, 613, 3, secretary or the commonwealth] tax commissioner may be as indicated. adopted for the purpose of this determination. The amount of tax assessed upon polls for the preceding year, as certified to [said secretary,] the tax commissioner may be taken as the amount of poll tax to be deducted from the whole amount to be raised by taxation, in ascertaining the amount to be raised upon property. B. Additional Corporate Franchise Tax. SECTION 18. If an operating electric railroad company, in- Additional tax eluding a company whose lines are located partly within and SSbodcom- partly without the limits of the commonwealth, has paid dur- isgsT-in; 578, ing the year ending on the thirtieth day of September preced- ^\ 14 41 ing the date of the return required by section fourteen divi- p^.////' 490< dends exceeding in the aggregate eight per cent upon its cap- 39-51. ital stock, it shall for every such year in addition to the tax required by the preceding section pay a tax equal to the amount of such excess to be determined as therein provided by the tax commissioner;, but such additional tax shall not be imposed, if, from the date when the company began to operate its railroad, it has not paid dividends equivalent in the aggregate to at least six per cent per annum upon its capital stock from year to year. SECTION 19. If the value of the real estate and machinery Remedy of of an electric railroad company subject to local taxation within ^h^asl'es"- the commonwealth, as determined by the tax commissioner, is ^f^fe^a less than the value thereof as determined by the assessors of exceeds tax ii i i 11 111* r commis- the place where the same are situated, he shall give notice of sioner's. , j , ,. , .,, . 1865, 283, 6. his determination to such company; and, unless within one P. s. is, 41. month after the date of such notice it applies to said assessors R 89 L. i4 7 ' 42. for an abatement, and, upon their refusal to grant an abate- ife Mass! 403. ment, prosecutes an appeal under the provisions of section \^ JJ*^- ff|- seventy-seven of chapter twelve of the Revised Laws, giving notice thereof to the tax commissioner, the valuation of said commissioner shall be conclusive upon said company. 264 THE ELECTRIC RAILROAD LAW. Exemption from local taxation. Apportion- ment. 1864, 208, 8, 15. 1865, 283, 15. 1866, 291, 2. P. S. 13, 57. 1887, 228. 1888,413, 23. 1898, 417; 578, 4, 26. 1900, 413, 5. 1901, 413, 4. R. L. 14, 61. 135 Mass. 560. 139 Mass. 559. Amended, 1909, 440, 2. Tax commis- sioner to deter mine amounts due to cities and towns. 1865, 283, P. S. 13, 1898, 578, 4, 5. R. L. 14. 62. 15. C. Exemption and Apportionment. SECTION 20. No taxes shall be assessed in a city or town for state, county or town purposes upon the shares in the cap- ital stock of an electric railroad company for any year for which it pays to the treasurer and receiver general a tax on its corporate franchise. Such proportion of the tax collected of each electric railroad company under the provisions of sections seventeen and eighteen as corresponds to the proportion of its line constructed on private land, shall be distributed, credited and paid, in the ratio of the amount of its stock owned by per- sons residing in this commonwealth, to the several cities and towns in which, from the returns or other evidence, it appears that such persons resided on the preceding first day of [May] April, according to the number of shares so held in such cities and towns respectively. If stock is held by co-partners, guardians, executors, administrators or trustees, the proportion of tax cor- responding to the amount of stock so held shall be credited and paid to the cities and towns where the stock would have been taxed under the provisions of clauses four, five, six and seven of section twenty-three and of section twenty-seven of chapter twelve of the Revised Laws. Such proportion of the tax col- lected from any such electric railroad company under the pro- visions of sections seventeen and eighteen as corresponds to the proportion of its line located longitudinally upon public ways and places, shall be distributed, credited and paid to the sev- eral cities and towns in proportion to the length of tracks op- erated by such company in such cities and towns respectively. The share of the tax paid by an electric railroad company in respect of its tracks upon locations granted by the board of metropolitan park commissioners or by the Wachusett moun- tain state reservation commission shall be apportioned to the commonwealth and shall be credited by the treasurer and re- ceiver general to the sinking fund of the loan .to which the expenditure for the road, boulevard, park or reservation on which the tracks are located was charged. SECTION 21. The tax commissioner shall, subject to appeal to the board of appeal, ascertain and determine the amount due to each city and town under the provisions of the preceding section, notify the treasurer of each city and town thereof, and certify the amount as finally determined, to the treasurer and receiver general, who shall thereupon pay over the same. Returns of 1898, 4i7; 578. R. L. 14, 43. D. Commutation Tax. SECTION 22. An electric railroad company, including a com- pany whose lines are located partly within and partly without the limits of the commonwealth, shall annually, on or before the fift^n^ day of October, make and file in the office of the board o f assessors of every city and town in which any part of THE ELECTKIC RAILROAD LAW. 265 the railroad operated by it is situated a return signed and sworn to by its president and treasurer, stating the length of track operated by it longitudinally upon public ways and places in such city or town, and also the total length of track operated by it, determined as provided in section fourteen, and also the amount of its gross receipts during the year ending on the pre- ceding thirtieth day of September, including therein all amounts received by it from the operation of its railroad, but excluding income derived from sale of power, rental of tracks or other sources. SECTION 23. On or before the first day of November an- Excise tax. nually, the assessors of every city and town in which an elec- 8 7. 8 ' 417: 578> trie railroad is operated, including a company whose lines are R ' L ' 14> 44 located partly within and partly without the limits of the commonwealth, shall assess on every company described in the preceding section operating a railroad therein an excise tax of an amount equal to such proportion of the following percent- ages of the gross receipts of such company as the length of tracks operated by it longitudinally upon the public ways and places of such city or town bears to the total length of tracks operated by it. The percentages shall be based upon the annual gross re- ceipts for each mile of track as follows and computed upon the aggregate of such annual gross receipts: four thousand dollars or less, one per cent; more than four thousand dollars and less than seven thousand, two per cent; more than seven thousand dollars and less than fourteen thousand, two and one quarter per cent; more than fourteen thousand dollars and less than twenty-one thousand, two and one half per cent; more than twenty-one thousand dollars and less than twenty-eight thou- sand, two and three quarters per cent; twenty-eight thousand dollars or more, three per cent. The excise tax provided for by this section shall be in addi- tion to the taxes otherwise provided by law. SECTION 24. The aldermen of a city, the selectmen of a Revision of town or an electric railroad company operating in such city or isg's, 578, s. town may petition the board of railroad commissioners for a R L- 14> 45- revision of the amount of excise tax to be paid by a company under the provisions of the preceding section. Said board shall, upon such petition, after public notice and a hearing at which the aldermen or selectmen and the company may submit evidence, determine the average annual cost to such city or town of the work done by it during the preceding three years under the provisions of said chapter four hundred and sixty- three, which a street railway company was not by law required to do prior to the first day of October in the year eighteen hun- dred and ninety-eight, and also the average annual payments made by said company to said city or town under and pur- suant to the provisions of the preceding section during said three years; and having determined said average annual cost 266 THE ELECTRIC RAILROAD LAW. Notice to tax collector of amount of excise tax. 1898, 578, 9. R. L. 14, 46. and average annual payments, said board shall fix and deter- mine the proportidn of a percentage of the gross receipts which shall be paid as an excise tax under the provisions of said section by the company to said city or town annually there- after, such percentage to be fixed at such a rate as will be necessary to yield to the city or town annually thereafter an amount equal to the average annual cost to the city or town determined as aforesaid; and the percentage so fixed shall not again be changed for the period of three years and then only in the manner herein provided. Said board may at any time upon petition therefor by a city or town entitled to a part of the excise tax paid by an electric railroad company, after such notice as the board may order to all other cities and towns entitled to share in the excise tax paid by said company, and after a hearing, determine as to the distribution thereof among the several cities and towns in w T hich such company operated any part of its railroad, and fix the proportions thereof to which they shall respectively be entitled, which shall there- after be the proportions of said excise tax to be assessed upon said company, instead of the proportion based upon length of tracks as hereinbefore provided. SECTION 25. Prior to the fifteenth day of November in each year the assessors of every city and town shall notify the col- lector of taxes thereof of the amount of excise tax assessed therein under the provisions of section twenty-three, and the collector shall forthwith notify the treasurer of every -electric railroad company of the amount of excise tax so assessed upon it, which shall become due and payable within thirty days after the receipt of such notice. The provisions of chapter thirteen of the Revised Laws, so far as they may be appropriate, shall apply to the collection of the said excise tax. E, Application of Taxes. Application of SECTION 26. All taxes which are collected from an electric lilies, 10. railroad company and paid to cities and towns under the pro- R. L. i4, 4/. v ' s ' ons o f the preceding section and of section twenty-one shall be applied toward the construction, repair and maintenance of the public ways and places in which the tracks of such com- pany are located, and to the removal of snow from such public ways and places within such cities and towns. Interested parties. INTERESTED PARTIES. SECTION 27. In any proceeding under this act before the board of railroad commissioners, the mayor and aldermen of any city or the selectmen of any town, any person whose land is to be taken or whose estate abuts upon any highway through which the electric railroad is to pass, and any railroad corpora- tion or street railway company which has a location in any city THE ELECTRIC RAILROAD LAW. 267 or tywn included within the proposed route of the electric rail- road company, shall be considered an interested party. [Ap- proved June 22, 1906. F. Section 28. The location, construction, maintenance, or opera- Location, 'con- ..,,. F ? 7 f ,7 7,7 struction, etc., tion of said lines of railroad in so far as the same are located of certain lines longitudinally upon an elevated structure upon a public way or be "deemed an place shall be deemed an additional servitude, and shall entitle servitude, etc. lessees, mortgagees and other parties having an estate in such public ways or places, or in premises which abut thereon, and who are damaged by reason of the location, construction, maintenance and operation of said lines of railroad, to recover reasonable com- pensation in the manner herein provided. Any such person may, at any time within three years after the construction of such rail- road longitudinally upon a public way or place, file in the clerk's office of the superior court for the county where the said premises lie, a petition setting forth his claim against the corporation own- ing or operating the same, and the amount thereof. He shall give to said corporation fourteen days' notice of the filing of such peti- tion, and answer thereto shall be filed by said corporation within thirty days after the return day of such notice. Section 29. The said petition shall be heard before a jury, if Petition to either party claims that right at the time of the filing of the peti- beforea jury tion, or within ten days after the filing of the answer thereto; cases'! etc. otherwise, the same shall be heard before the court without a jury. The finding shall be on the following questions, to wit: First, Has the petitioner's estate been damaged more than it has been bene- fited or improved in value by reason of the location, construction, maintenance or operation of such railroad? Second, If so, how much? If the answer to the first question shall be "No", a ver- dict shall be rendered for the corporation; otherwise, a verdict shall be rendered for the petitioner for the amount found in answer to the second question, including interest from the day of the filing of the petition. Acts of 1907, Chapter 448. An Act relative to Recovery of Damages by Abutters on Locations of Electric Railroads. SECTION 1. Chapter five hundred and sixteen of the acts of the year nineteen hundred and six is hereby amended by adding the following sections at the end of said chapter, under the heading F. [For new 28 and 29, see above.} Acts of 1907, Chapter 556, 1. An Act to extend the Provisions of Law relative to Electric Railroad Com- panies to the Form of Railway known as the Boynton Bicycle Railway. SECTION 1. The provisions of chapter five hundred and sixteen of the acts of the year nineteen hundred and six and all acts in addition thereto and in amendment thereof shall, so far as they are applicable, apply to the construction, operation and maintenance of the form of railway known as the "Boynton Bicycle Railway." 268 TELEPHONE AND TELEGRAPH CORPORATIONS. TELEPHONE AND TELEGEAPH LAWS, The [Massa- chusetts high- way] public service com- mission to have super- vision of companies transmitting intelligence by electricity, etc. Amended, 1913, 784, 3. See below. Compensation. Issue of capital stock. ' 1875, 161. P. S. 110, 7. 1894, 450, 1 ; 452, 1;462, 1. 1897, 337, 1. [1 Op. A. G. 659.] 179 Mass. 15. 180 Mass. 325. 199 Mass. 352. [Op. A.G. 68.] 190$, 441- 1903, 437, 95. 1906, 463, Part 77, 258; Part III, 158. See 1903, 437, /; 1906, 463, Part 77, 65; Part III, 107. A mended. See 1913, 784, 3. See below. CHAPTER 433 OF THE ACTS OF 1906. AN ACT RELATIVE TO THE SUPERVISION BY THE MASSA- CHUSETTS HIGHWAY COMMISSION OF ALL COMPANIES ENGAGED IN THE TRANSMISSION OF INTELLIGENCE BY ELECTRICITY. SECTION 1. The [Massachusetts highway] public service com- mission shall have general supervision of all companies engaged in the transmission of intelligence by electricity within this commonwealth, and shall make all necessary examinations and inquiries and keep themselves informed as to the compliance of all such companies with the provisions of law. None of said commissioners shall be in the employ of or own any stock in any company engaged in the transmission of intelligence by electricity in this commonwealth, or be in any way, directly or indirectly, pecuniarily interested in the manufacture or sale of any article or commodity used by such companies, or for any purpose connected with the business of transmission of intelligence by electricity, nor shall he be connected with, or in the employ of any person, partnership, association or corporation which finances any such company. Each member of said com- mission shall receive from the commonwealth annually fifteen hundred dollars in addition to the compensation now provided by law. Revised Laws, Chapter 109, 24, 27. ISSUE OF STOCK AND BONDS. SECTION 24. Railroad corporations and street railway companies shall issue only such amounts of stock and bonds, coupon notes and other evi- dences of indebtedness payable at periods of more than twelve months after the date thereof, and gas and electric light companies, corporations established for and engaged in the business of transmitting intelligence by electricity, aqueduct and water companies, shall issue only such amount of stock and bonds, as the board of railroad commissioners in the case of railroad corporations or street railway companies, the board of gas and electric light commissioners in the case of gas or electric light companies, may from time to time vote, or the commissioner of corporations in the case of the other corporations hereinbefore specified may from time to time determine, is reasonably necessary for the purpose for which such issue of stock or bonds has been authorized. Said boards or commissioner shall render a decision upon an application for such issue within thirty days after the final hearing thereon. Such decision shall be in writing, shall assign the reasons therefor, shall, if authorizing such issue, specify the respective amounts of stock or bonds, or of coupon notes or other TELEPHONE AND TELEGRAPH CORPORATIONS. 269 evidences of indebtedness as aforesaid, which are authorized to be issued for the respective purposes to which the proceeds thereof are to be applied, shall, within seven days after it has been rendered, be filed in the office of the board or commissioner rendering it and a certificate of the vote of the board or of the decision of the commissioner shall, within three days after such decision has been rendered and before the stock or bonds or coupon notes or other evidences of indebtedness as aforesaid are issued, be filed in the office of the secretary of the commonwealth, and a duplicate thereof delivered to the corporation which shall enter the same upon its records. A company which is within the provisions of this section shall not apply the proceeds of such stock or bonds or coupon notes or other evidences of indebtedness as aforesaid to any purpose not specified in such certificate. The provisions of this section shall not require the approval of the board- of railroad commissioners to the issue by any railroad corporation of capital stock or bonds, or of coupon notes or other evidences of indebted- ness as aforesaid, duly authorized by law of this commonwealth, the pro- ceeds of which are to be expended in another state or country or which are to pay for borrowed money expended in another state or country. SECTION 27. The supreme judicial court or the superior court shall Enforcement have jurisdiction in equity, upon the application of the board of railroad 1894, 450, 3; commissioners, the board of gas and electric light commissioners, the | 5 |; * 3;462> commissioner of corporations, respectively, of the attorney general, of J896, 473. any stockholder or of any interested party, to enforce the provisions of 95'. the three preceding sections and all lawful orders and decisions, conditions j^f //^' sss; or requirements of said boards or commissioner made in pursuance thereof. Part ni > 15 ' 8 - See 1903, 437, 1; 1906, 463, Part II, 67, 68; Part III, 109, 110. Amended, 1918, 784, I 3. See below. Acts of 1913, Chapter 784, 3. SECTION 3. Sections twenty-four and twenty-seven of chapter one R. L. 109, hundred and nine of the Revised Laws are hereby amended by substitut- | m ended. ing for the words "commissioner of corporations", and for any other word or words intended to designate said commissioner of corporations in each of said sections, whenever any jurisdiction is conferred with respect to corporations established for and engaged in the business of transmitting intelligence by electricity, the words : public service commission. Chap- iooe, 433 ter four hundred and thirty-three of the acts of the year nineteen hundred l^epeaied and six is hereby amended by substituting in place of the words "Massa- chusetts highway commission", and any other word or words intended to designate the Massachusetts highway commission wherever used in said act, the words: public service commission, and said act is fur- ther amended by repealing section three thereof. Nothing in this act shall affect the compensation at present paid to the members of the Massa- chusetts highway commission. SECTION 2. Said commission may expend in the perform- Expenses. ance of its duties under this act for necessary statistics, books, stationery, clerical, travelling and incidental expenses, a sum not exceeding six thousand dollars annually. [SECTION 3. All sums of money annually appropriated for Amount of the additional salaries and expenses of the Massachusetts high- apportioned e way commission required by this act shall be apportioned by the tax commissioner among the several companies engaged in the business of the transmission of intelligence by electricity within the commonwealth; and on or before the first day of 270 TELEPHONE AND TELEGRAPH CORPORATIONS. Annual report. Hearing to be given on complaint relative to service, etc. July in each year he shall assess upon each of said companies its share of such sums in proportion to its gross earnings in this commonwealth for the year last preceding the year in which the assessment is made; and such assessment shall be collected in the same manner as taxes upon corporations.] SECTION 4. Said commission shall annually, on or before the first Wednesday in January, transmit to the secretary of the commonwealth a report to the general court of all pro- ceedings under the provisions of this act during the period covered by the report, together with such suggestions as to the condition or conduct of companies engaged in the transmission of intelligence by electricity as the said commission may deem expedient. SECTION 5. Upon complaint in writing relative to the service or charges for service in, to or from any city or town in the commonwealth as rendered or made by any company engaged therein in the transmission of intelligence by electricity, signed by the mayor of the city or the selectmen of the town, or by twenty customers of the company, the commission shall notify the company by leaving at its office or place of business in such city or town a copy of the complaint, and shall thereupon, after notice, give a public hearing to the complainant or com- plainants and to the company, and after the hearing may make such recommendations concerning the reduction, modification or continuation of such charges for service, or concerning im- provements in the quality of the service, or concerning such other matters in the premises as the commission shall deem just and proper. Any such recommendations shall be transmitted in writing by the commission to the company complained of, and a report of the proceedings and of the result thereof shall be included in the annual report of the commission, together with a statement of the action, if any, which the company has taken on the recommendation. Orders of commission, service of. Acts of 1913, Chapter 784, 26. SECTION 26. Every order of the commission shall be served upon every person or corporation to be affected thereby, either by personal delivery of a certified copy thereof, or by mailing a certified copy thereof, in a sealed package with postage prepaid, to the person to be affected thereby or, in the case of a corporation, to any officer or agent thereof upon whom a summons may be served under the laws of this common- wealth. It shall be the duty of every person and corporation to notify the commission forthwith, in writing, of the receipt of the certified copy of every order so served, and in the case of a corporation such notifica- tion shall be signed and acknowledged by a person or officer duly author- ized by the corporation to admit such service. Within a time specified in the order of the commission every person and corporation upon whom it is served shall, if so required in the order, notify the commission in like manner whether the terms of the order are accepted and will be obeyed. Every order of the commission shall take effect at a time therein specified and shall continue in force either for a period which may be designated therein or until changed or abrogated by the commission. TELEPHONE AND TELEGRAPH CORPORATIONS. 271 SECTION 6. If a company engaged in the transmission of J e n e erai fc to ney intelligence by electricity violates or neglects in anv respect takeproceed- r , , . . . , " . . mgs in cer- to comply with the provisions or any law, said commission tam cases, shall give due notice thereof in writing to such company and to the attorney-general, who shall take such proceedings thereon as he may deem expedient. SECTION 7. The supreme judicial court or the superior Supreme court shall have jurisdiction in equity, upon the application to have c of said commission, to enforce all lawful orders of the com- juri mission and all provisions of law herein contained. SECTION 8. Every company engaged in the business of the Annual transmission of intelligence by electricity within the common- made?etc. wealth shall annually, on or before the first day of October ^oct.^s^ 190?,' in each year after the year nineteen hundred and six, submit f^ Rep - p - to said commission a report of its doings for the year ending on such date or dates preceding as said commission may desig- nate, which report shall be in such form and detail as the com- mission may from time to time prescribe, and shall be called the "Annual Return." Such return shall be sworn to by the treasurer and by the chief accounting officer of such company, and shall include a statement of its business, receipts and ex- penditures within the commonwealth during the year, its dividends paid out and declared, the amount of its authorized capital and its indebtedness and financial condition, on such date or dates as said commission may designate. SECTION 9. Any company engaged in the business of the Penalty for transmission of intelligence by electricity within the common- mlkTretum. wealth neglecting to make the annual return required by the preceding sections shall, for the first fifteen days or portion thereof during which such neglect continues, forfeit five dollars a day; for the second fifteen days or any portion thereof, ten dollars a day; and for each day thereafter a sum not exceed- ing fifteen dollars a day. If any company unreasonably refuses or neglects to make such return, it shall, in addition thereto, forfeit not more than five hundred dollars for each offence. All forfeitures recovered under the provisions of this act shall be paid into the treasury of the commonwealth. SECTION 10. In addition to the annual return required by Companies section eight, every such company shall at all times, upon information, request, furnish to the said commission any information re- etc ' quired by the commission concerning the condition, manage- ment and operation of its business within the commonwealth, or concerning its rates or charges or the facilities afforded by it to the public therein, and shall comply with all lawful orders of said commission and the commission may at all reasonable times have access to the books of such company. SECTION 11. Every company engaged in the business of the Books and . . . . . ,,. , i , . .. .,, . ., accounts. transmission or intelligence by electricity within the common- wealth shall keep its books and accounts covering the business done within the commonwealth in a form approved by said commission. 272 TELEPHONE AND TELEGRAPH CORPORATIONS. The word "company" defined. Witnesses may be sum- moned, etc. When to take effect. SECTION 12. The word "company" shall include every person, partnership, association and corporation engaged in the business of the transmission of intelligence by electricity. SECTION 13. In all investigations made by the board, and in all proceedings before it, any member thereof may summon witnesses in behalf of the commonwealth, and may administer oaths and take testimony. The fees of such witnesses for attendance and travel shall be the same as for witnesses before the superior court, and shall be paid by the commonwealth upon the certificate of the board filed with the auditor. SECTION 14. This act shall take effect on the first day of July, nineteen hundred and six. Approved May 31, 1906. Revised Laws, Chapter 25. OF TOWNS AND TOWN OFFICERS. Towns may construct tele- graph lines. 1869, 457, 1. P. S. 27, 44. may au- thorize private lines. 1869, 457, 2. P. S. 27, 45. 1883, 221. 1889, 434. 1895, 350. 1906, 463, Part HI, 64-66 (see pp. 204-207). 1911, 442 (see p. 177); 481 (see p. 276). Penalty for injury to same. 1869, 457, 3. P. S. 27, 46. Towns may regulate tele- graph, etc., wires. 1880, 83, 1. P. S. 27, 47. 1883, 221. SECTION 51. A town may construct telegraph lines for its own use upon, along and under the public ways and squares within its limits, subject to the provisions of chapter one hundred and twenty-two, so far as applicable. SECTION 52. The selectmen may, upon terms and conditions prescribed by them, and subject to the provisions of chapter one hundred and twenty-two, so far as applicable, authorize a person to construct lines for private use upon, along and under the public ways of the town for the transmission, by electricity, of light, or of heat or power, except such as is used by street railway companies or for the transmission, by elec- tricity or otherwise, of intelligence by telegraph or telephone. Upon the construction of such line, the poles and structures thereof within the location of such ways shall become the prop- erty of the town, and the selectmen may regulate and control the same, may at any time require 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 pun- ished 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 transmis- TELEPHONE AND TELEGRAPH CORPORATIONS. 273 sion of intelligence by telegraph or telephone, by electricity or 1889,398, otherwise, or for the transmission by electricity of light, or of ISQS, 350. heat or power except such as is used by street railway com- * 4 w. Mc panics, 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 no- Proceedings, ...,,.,,,! . if regulations tice in detail to the owner, constructor or person using any are violated. line therein which is constructed or maintained in violation of p 88 s.'27,'f 48. such regulations; and if thereafter such unlawful construction 1891 - 293 - is continued or if said lines are not within a reasonable time so altered as to conform to said regulations, the supreme judi- cial 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 com- plaint of a person injured, after such notice to the town as the court may order. SECTION 56. Selectmen may authorize citizens of the com- selectmen may monwealth to establish and maintain, in their town, poles, citizens to es- wires and other apparatus for telegraphic and telephonic com- ^resf^tc . 168 ' munication, in conformity with the provisions of chapter one p 88 ^'!?,'^. hundred and twenty-two and other laws applicable to tele- graph or telephone companies. Revised Laws, Chapter 106. OF THE EMPLOYMENT OF LABOR. PAYMENT OF WAGES. SECTION 62. Every . . . telegraph or telephone corporation, weekly pay - . . . and every contractor, person or partnership engaged . . . ^79* i^^ 68 upon public works or in the construction or repair of ... fgj^'t 8 /* 12 roads, bridges, . . . pipes or lines, shall pay weekly each em- * 2 - ployee engaged in his or its business the wages earned by him UBil230.il! to within six days of the date of said payment; and the com- 9 5i, 6 6s.' monwealth, its officers, boards and commissions shall so pay ilglllfii every mechanic, workman and laborer who is employed by it Hg' 8 481 or them, . . . unless such mechanic, workman, laborer or em- Jgj^'^o' ployee requests in writing to be paid in a different manner; i\ . . . but an employee who is absent from his regular place of 1907,193. labor at a time fixed for payment shall be paid thereafter on Jlollff^ demand. The provisions of this section shall not apply to an \gio,'s5o. employee of a co-operative corporation or association if he is f^Tfos a stockholder therein unless he requests such corporation to ??,"* . . , , , T 163 Mass. 589. pay him weekly. . . . JN o corporation, contractor, person or 170 Mass. HO. i i n i , .,, ', h , 172 Mass. 230. partnership shall by a special contract with an employee or by 274 TELEPHONE AND TELEGRAPH CORPORATIONS. any other means exempt himself or itself from the provisions of this . . . section. Whoever violates the provisions of this section shall be punished by a fine of not less than ten nor more than fiftv dollars. Revised Laws, Chapter 26. OF CITIES. SECTION 6. Regulations established by a city under the pro- visions of section fifty-four of chapter twenty-five shall be made Regulation of wires. 1880, 83, 1. P. S. 28. 4. is^ Mass. 397, bv ordinance. 400. Revised Laws, Chapter 53. OF THE BOUNDARIES OF HIGHWAYS AND OTHER PUBLIC PLACES AND ENCROACHMENTS THEREON. Removal of unused tele- graph poles, etc. 1889, 398. 153 Mass. 200. SECTION 5. The aldermen in cities or the selectmen in towns may cause the removal from public ways and places of unused poles, wires, structures or other appliances, at the ex- pense of the owners thereof. Revised Laws, Chapter 122 (as amended by Acts of 1911, Chapter 509). OF COMPANIES FOR THE TRANSMISSION OF ELECTRICITY. Construction of lines. 1849, 93, 2. G. S. 64, 2. P. S. 109, 2. 1883,221. 1889, 434. 1895, 350. 97 Mass. 555. 136 Mass. 75, 485. 153 Mass. 200. 188 Mass. S60; 265. [ZOp.A.G. 423.] 182 Mass. 397. See St. 1903, 320. .See 1911,481, below. Amended by 1911, chap. 509, /. Location, etc., by mayor and aldermen, etc. 1849, 93, 3. G. S. 64, 3. P. S. 109, 3. 1903, 237. 1906, 117. Amended by 1911, chap. 609, 2. See 1911, 609, 7. 8, p. 197. CONSTRUCTION OF LINES UPON HIGHWAYS. SECTION 1. A company which is incorporated for the trans- mission of intelligence by electricity or by telephone, whether by electricity or otherwise, or for the transmission of electricity for lighting, heating or power, or for the construction and operation of a street railway or an electric railroad, may, under the provi- sions of the following sections, construct lines for such transmis- sion upon, along, under and across the public ways and across and under any waters within the commonwealth, by the erection or construction of the poles, piers, abutments, conduits and other fixtures, except bridges, which may be necessary to sustain or protect the wires of its lines; but such company shall not incom- mode the public use of public ways or endanger or interrupt navigation. SECTION 2. A company desiring to construct a line for such transmission upon, along, under or across a public way shall in writing petition the mayor and aldermen of the city or the select- men of the town in which it is proposed to construct such line for permission to erect or construct upon, along, under or across said icay the wires, poles, piers, abutments or conduits necessary there- for. A public hearing shall be held on the petition, and written TELEPHONE AND TELEGRAPH CORPORATIONS. 275 notice of the time and place of the hearing shall be mailed at least seven days prior thereto by the clerk of the city or by the selectmen of the town to all owners of real estate abutting upon that part of the way upon, along, across or under which the line is to be constructed, as such ownership is determined by the last preceding assessment for taxation. After a public hearing as aforesaid, the mayor and aldermen, or the selectmen may by order grant to the petitioner a location for such line, specifying therein where the poles, piers, abutments or conduits may be placed, and in respect to overhead lines may also specify the kind of poles, piers, or abutments which may be used, the number of wires or cables which may be attached thereto, and the height to which the wires or cables may run. After the erection or construction of such line the mayor and aldermen or selectmen may, after giving the company or its agents an opportunity to be heard, or upon petition of the company without notice or hearing, by order permit an increase in the number of wires or cables, and direct an alteration in the location of the poles, piers, abutments or conduits or in the height of the wires or cables. The mayor and aldermen or selectmen may, upon petition in writing by two or more companies subject to the pro- visions of this chapter, without notice or hearing, by order author- ize any such company to attach its wires and fixtures to existing poles, piers or abutments of either or any of the other petitioners, or to maintain its wires or cables in the conduits of either or any of said other petitioners. The mayor and aldermen or selectmen may, upon petition in writing by two or more companies subject to the provisions of this chapter, and after notice to abutting land- owners and a hearing as hereinbefore provided, by order grant to said companies joint or identical locations for the erection or con- struction of poles, piers, abutments or conduits to be owned and used in common by them. No order of the mayor and aldermen or selectmen shall be required for renewing, repairing or replacing wires, cables, poles, piers, abutments, conduits or fixtures once erected or constructed under the provisions of law, or for making house connections or connections between duly located conduits and distributing poles. The order granting a location or an alteration thereof, or au- thorizing an increase in the number of wires or cables or attach- ments, such as are hereinbefore described, shall be recorded by the clerk of the city or of the town in books kept exclusively for the purpose, and where notice has been given as hereinbefore pro- vided the clerk of the city or the chairman or a majority of the selectmen shall certify on said record that the order was adopted after due notice and a public hearing as hereinbefore prescribed, and no such order shall be valid without such certificate. The company or companies in whose favor the order is made shall pay for such record the same fees as are allowed for the entering and recording of deeds by registers of deeds, and shall be entitled to attested copies of said orders and certificates upon payment of the same fees as are allowed to registers of deeds for copies. 276 TELEPHONE AND TELEGRAPH CORPORATIONS. The mayor and aldermen or selectmen may under the provi- sions of this section authorize the attachment of the wires and fix- tures of a street railway or electric railroad company to the poles, piers and abutments of another owner, or the attachment of the wires and fixtures of another owner to the poles, piers and abut- ments of such company, and may grant joint or identical loca- tions for the erection or construction of poles, piers or abutments to be owned and used in common by such company and another owner or other owners, and locations for the transmission lines and telephone, signal and feed wires of such company in public ways or parts thereof, other than those public ways or parts thereof in which the tracks of such company are laid, and locations for additional poles to support, or alterations of locations for existing poles supporting, trolley or span wires; and all locations granted to a street railway or electric railroad company hereunder shall be subject only to revocation as provided in section sixty-six of Part III of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six; but nothing contained in this section save as hereinbefore expressly set forth shall be held to apply to the poles, wires and other appliances and equipment which a street railway or electric railroad company, by a grant of location, or extension or alteration thereof, under any general or special law now or hereafter in force relating to street railways or electric railroads may be authorized to construct, maintain and operate in a public way; and no terms, restrictions and obligations, other than such as may be imposed upon a grant of location for a street railway or electric railroad, or an extension or alteration thereof, under any general or special law now or hereafter in force relat- ing thereto, shall be imposed upon locations granted to a street railway or electric railroad company hereunder, save locations for its transmission lines or telephone, signal or feed wires in public ways or parts thereof other than those public ways and parts thereof in which the tracks of such company are laid. Acts of 1911, Chapter 481. An Act to confirm the Locations of Electric Lines. Locations of SECTION 1. All locations for poles, piers, abutments, conduits and electric lines. ' . ' .. . other fixtures necessary to sustain or protect the wires of the lines of any of the companies designated in section one of chapter one hundred and twenty-two of the Revised Laws, and of any unincorporated owners and associations subject to the provisions of said chapter, heretofore granted by, or under the authority of, the mayor and aldermen of a city or the selectmen of a town and now in actual use by the respective companies, owners or associations to which the same were granted, or their legal suc- cessors or assigns, and all alterations of such locations, shall upon com- pliance with the provisions of section two of this act be ratified and con- firmed subject to all lawful terms, obligations, restrictions, limitations, regulations and conditions set forth in said grants and to all laws now or hereafter in force applicable thereto. Nothing herein contained and no act done hereunder shall be held to make lawful any of the structures hereinbefore named for which an express grant of location has not been made by, or under the authority of, the mayor and aldermen or select- TELEPHONE AND TELEGRAPH CORPORATIONS. 277 men, as the case may be, and which has not been erected, constructed and maintained in accordance with the requirements of such grant. SECTION 2. Any company, owner or association desiring to avail itself Details of . , , . . , ., . V 11 i ,. , , r. , i ,. T locations to be of the provisions ot this act shall, on or before the first day of January, recorded, etc. nineteen hundred and thirteen, file with the city or town clerk, as the case may be, to be recorded and kept with the records of original loca- tions for poles and wires, a map or maps showing in detail the location and nature of the structures alleged to be within the provisions of section one, together with a memorandum of the respective dates of the several grants of locations therefor. SECTION 3. This act shall take effect upon its passage. [Approved May 26, 1911. DAMAGES OF LAND OWNERS. SECTION 3. An owner of land which abuts upon a public Damages way along which telegraph or telephone, electric light, heating erec s tlon b of or power lines are constructed, erected or altered in location l c^is. or construction by any telegraph or telephone, electric light, ji^f 3 ' heating or power company, whose property is injuriously G. s. 64, affected or diminished in value by occupation of the ground P. s.' 109, or of the air, or otherwise by such construction, erection or ISM, we, ft. alteration, whether such owner is also the owner of the fee in Ife^ass! 75. such way or not, may, within three months after such con- struction, erection or alteration, apply to the mayor and alder- men 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 appli- cant, 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 appli- cant 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. SECTION 4. If such company does not pay such damages if amount is assessed, or, upon appeal, the amount of the final judgment, wuhm'thirty within thirty days after demand, the mayor and aldermen or et^'ma^be selectmen may, upon request of such owner, remove all the i|4 V |og 2 poles, wires or other structures of such company from that Jf^Iseo! ,. ., , ,. i , ,, , / , 194 Mass. 80. portion ot the public way upon which the land ot 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 struc- tures may recover the expense thereof of such company. The 278 TELEPHONE AND TELEGRAPH CORPORATIONS. Assessment by jury. 1849, 93, 4. G. S. 64, 6. P. S. 109, 6. 194 Mass. 80. 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 pro- ceedings 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. Capital stock and statement filed. 1851, 247, 3. G. S. 64, 7. P. S. 109, 7. 1893, 274. Limit of debt. 1851, 247, 4. G. S. 64, 8. P. S. 109, 8. Liability of officers. 1851 247, 6. G. S. 64, 9. P. S. 109, 9. CAPITAL AND DEBTS. SECTION 6. A telegraph or telephone company shall not commence the construction of its line until three-fourths of its capital stock have been unconditionally subscribed for, and at least one-half has been paid in in cash; and the directors shall, within ten days after commencing construction, file in the office of the secretary of the commonwealth a sworn statement of such subscription and payment. SECTION 7. Such company shall not at any time contract or owe debts to a larger amount than one-half of its capital stock actually paid in. SECTION 8. The president and treasurer of such company shall be jointly and severally liable for all its indebtedness, in case of wilful neglect or omission on their part to comply with any of the provisions of this chapter. 6. 10. Duties of companies. 1849, 93, 6. G. S. 64, 10. P. S. 109, 10. 13 Allen, 226. 113 Mass. 299. 137 Mass. 463. See St. 1906, 433, above. Charges for despatches received by mail, etc. 1849, 93, G. S. 64, 1867, 348. P. S. 109, 10, 11. 205 Mass. 604. Negligence in transmission of telegraphic messages. 1885, 380. 1909, 402, 642. 197 Mass. 119, 1*4. SOS Mass. 603, 604. TELEGRAPH COMPANIES. SECTION 9. A telegraph company shall receive despatches from and for other telegraph companies and associations, and from and for any person; and, upon payment of the usual charges for transmitting despatches according to the regula- tions of the company, shall transmit them faithfully and impar- tially. ^05 Mass. 603, 604. SECTION 10. A telegraph company shall receive, compute and transmit despatches which may be received at its offices from another telegraph company or by mail, at the same rates of charge as for despatches which may be received for trans- mission from individuals on the same day and at the same place. A telegraph company which wilfully neglects or refuses to comply with the provisions of this or the preceding section shall forfeit not more than one hundred dollars to the company or person who sends or desires to send the despatch. SECTION 11. A telegraph company shall be liable for dam- ages to the amount of one hundred dollars actually caused by its negligence, or that of its agents, in transmitting, receiving or delivering telegraphic messages, and any limit of such liability by contract or regulation shall apply only to the damages in each case in excess of one hundred dollars; but no action therefor shall be maintained unless a claim is pre- sented in writing to such company or its agent within sixty days after such right of action accrues. The provisions of this TELEPHONE AND TELEGRAPH CORPORATIONS. 279 section shall not apply to negligence occurring in a telegraph office which is established for the convenience and safety of a railroad corporation in the running of its trains, and transact- ing a public telegraph business only as incidental thereto, nor to negligence in the delivery of messages received at such office. TELEPHONE COMPANIES. SECTION 12. A person or corporation owning, controlling service to or operating a telephone exchange or service in this common- ^m^anies wealth shall, upon application of a telegraph company, furnish Smi^atk. 1 ^ such company with the use of a telephone or telephones and ^ 1 5 s ' t 26 i906 1- telephone service, and connection with their respective ex- 433, above. changes, with the subscribers thereto, and with their telephone service, without discrimination between telegraph companies as to such connection, service or use of instruments furnished or charges therefor for the same class of service. SECTION 13. A person or corporation owning, controlling or Telephone operating a telephone exchange or service in this commonwealth without dis- shall, upon application of an individual or corporation and the ig^w' 2. tender of the charges or rental usual or customary for the class of service required, without discrimination for the same class of service rendered, furnish such individual or corporation with the use of a telephone and telephone service and connection with their respective exchanges and the subscribers thereto, if the applicant secures the rights necessary to make the con- nections applied for and pays to the telephone company in advance an amount sufficient to cover the actual cost of the extension, if said extension is more than one mile from any main exchange circuit of the said telephone company. SECTION 14. The supreme judicial court or the superior Provisions court shall have jurisdiction in equity to enforce the provisions foroedln"" of the two preceding sections. iSs^aar, 3. DAMAGES. SECTION 15. A telegraph company shall be liable in dam- injury to ages to a person injured in his person or property by the poles, {^operty r wires or other apparatus of such company. If they are erected {j^ 1 |^- 2 upon a public way, the city or town shall not, by reason of p-f'^g 511 - anything contained in this chapter or done thereunder, be 12! discharged from its liability, but all damages and costs re- 97 Mass. 555. covered against it on account of such injury shall be reim- lii Mass! sts. bursed by the company which owns the poles, wires or other ^ jj^**; ff; apparatus. PROTECTION AND MARKING OF WIRES. SECTION 16. A person or a corporation, private or munic- Regulations ipal, owning or operating a line of wires over or under streets wires e in' ng or buildings in a city or town shall use only strong and proper tow e n s and wires safely attached to strong and sufficient supports and 1890> 404> L 280 TELEPHONE AND TELEGRAPH CORPORATIONS. 1899, 337, 1. 161 Mass. 583. 178 Mass. 603. 185 Mass. 2H, 218. Names of owners to be attached. 1890, 404, 2. 1899, 320, 337, 2. Amended by 1911, chap. 609, 3. Inspector of wires; duties. 1890, 404, 3,4. 1899, 337, 3,4. 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 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 plainly mark each pole, pier, abutment, or other fixture supporting wires or cables containing wires over streets or buildings with the name or initials of the owner of such pole, pier, abutment or other fixture. Wherever cross arms or other appliances for the support of wires or cables belonging to different owners are attached to the same pole, pier, abutment or other fixture, every such cross arm or other appliance shall plainly be tagged or marked with the name or initials of the owner thereof. Wherever wires or cables belonging to different owners are attached to the same cross arm or other appliances for the support of wires or cables, every wire or cable shall be tagged or marked with the name or initials 'of the owner at or near its point of attachment to such cross arm or other appliance. No such tag or mark shall be required for the wires, poles, piers, abutments and other fixtures of a street railway or electric railroad company, except for its feed wires supported by poles carrying wires or cables belonging to another owner, and for its poles supporting wires or cables belonging to another owner, and for poles belonging jointly to the street railway company and another owner. 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 when- ever 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 abondoned and every wire which is not tagged or marked as herein- before 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 TELEPHONE AND TELEGRAPH CORPORATIONS. 281 owning any wire so removed the expense which it has incurred for the removal thereof. SECTION 19. The supreme judicial court or the superior Provisions court shall have jurisdiction in equity upon petition of the forced in officer or inspector designated or appointed as aforesaid, to isoo^W, 5. enforce the provisions of the three preceding sections and to f'*/ sn ' 364 ' 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. SECTION 20. Poles and other structures which are used to insulation support lines for the transmission of electricity shall be insulated igg^.l^s, in such manner as to protect employees and other persons from ^mmdedbu accidents. If such poles and other structures are of any material 1 5 9 1 9 1 '^ av ' except wood, and support lines which are operated at a wltage in excess of two thousand wits, they shall be plainly and conspicu- ously marked "Dangerous. Keep away." The officer and in- spector of wires appointed under the authority of section eighteen of said chapter one hundred and twenty-two, 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 and marking. SECTION 21. A person or corporation owning poles which Penalty. are used for the transmission of electricity who fails 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. TO BE MARKED. SECTION 22. A corporation or person maintaining or operat- A ^^|" ing telephone, telegraph or other electric wires or any other etc., to propi- person who in any manner affixes or causes to be affixed to permission!" the property of another any pole, structure, fixture, wire or lof 4 ^!' \n. 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 operat- Nameofcor- ing telephone, telegraph or other electric wires shall, at all places po ieor where such wires are affixed by any pole, structure or fixture to fss^sol', 2. the property of another, mark such pole, structure, or fixture in ^ a clear, durable and legible manner with the name or initials of 609> 5 - 282 TELEPHONE AND TELEGRAPH CORPORATIONS. the corporation or person maintaining or operating such wires, and any corporation or person failing to comply with the pro- visions of this section shall be punished by a fine of not more than one hundred dollars. GENERAL PROVISIONS. uims a it r c e SECTION 24. Every telegraph company shall annually, on 1851/247,' 5. or before the fifteenth day of October, make returns to the isss! 46! i. secretary of the commonwealth, according to forms to be fur- p.'ii H)9; is. nished on application to him, specifying therein the location fis 8 !*! 8 9< 9?' an d line of its telegraph, its name, capital actually paid in, above. manner of investment of capital, annual receipts and expendi- tures, real estate and its value, cash on hand, credits on book account and the amount of its indebtedness. Such return shall be signed and sworn to by the president, clerk and treasurer of the company. unincorpo- SECTION 25. Owners and associations engaged in the busi- rated com- . , , . i i 11 panies. ness specified in section one or this chapter, although not m- i.'e. ' corporated, shall be subject to the provisions of this chapter, cf. 5 s.' el! 7 '! if . so far as they are applicable. P. S. 109, 14. 13 Allen, 226. 97 Mass. 555. ot>t^neTb nt SECTION 26. No enjoyment, for the purposes specified in poles, etc. section one of this chapter, by a person or corporation for any G. s.' 64, 14.' length of time of the privilege of having or maintaining poles, ' wires or apparatus in, upon, over or attached 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. \mea\\Tes SECTION 27. Whoever unlawfully and intentionally injures, 1849 93 s 7 m olests or destroys any line, wire, pole, pier or abutment, or G. s.' 64,' is. any of the materials or property, of any street railway company, Amended.' ' 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. wires may be SECTION 28. Whenever, in order to move a buildinq or for cut, when. , ' . * i86|, HI, i. any other necessary purpose, a person desires that the wires of Amended by ' any such company be cut, disconnected or removed, the company 509, c ap ' shall forthwith cut, disconnect or remove the same, if the person desiring this to be done has first left a written statement, 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 TELEPHONE AND TELEGRAPH CORPORATIONS. 283 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. If the company neglects or refuses to cut, dis- connect or remove wires as hereinbefore provided, the inspector of wires, or the selectmen of a town where there is no inspector of wires, may cause the same to be cut, disconnected or removed, and the city or town may recover of the company in an action of con- tract the expense of so doing. SECTION 29. Whoever wilfully cuts, disconnects, removes Penalty for or otherwise interrupts the use of the wires of any such com- without w " pany, without first giving notice as provided in the preceding SwTi4i. 2. section, shall be punished as provided in section twenty-seven. p s - 109> 5 18 - SECTION 30. The provisions of the two preceding sections Limitation shall not apply to any wires attached to poles which have not slctfons. Di been erected in compliance with the provisions of law. p 86 |' \m' f 19 [For full text of 1911, 509, see pp. 194-198] Acts of 1909, Chapter 490, Part III, 52. TAXATION OF TELEGRAPH COMPANIES. SECTION 52. Every corporation or association chartered or organized Returns and without the commonwealth which owns, controls or uses a line of tele- teiegraph e com- graph within the commonwealth, shall make the returns required in ^f^^g 9 section forty to be made by telegraph companies within the common- ises! 283, 7'. wealth, except the list of its shareholders; and shall annually pay a tax R. L/u.^tl'. at the rate determined in the manner provided in section forty-three; j|| ^Pf'slo 4 ' and all telegraph lines within the commonwealth controlled and used by 141 ILS. 40. such corporation or association, shall, for the purposes of this part, be 163 U- S- L deemed to be a part of its own lines. [For Acts of 1909, Chapter 439, relative to the taxation of poles for wires, and for other provisions as to taxation of wires, conduits, etc. see Part III, pp. 234-236.] INDEXES. INDEX TO RAILROAD LAWS. A. ABANDONMENT. of stations forbidden, when, ABOLITION AND ALTERATION. of crossings, distinction, 95 ABOLITION Of GRADE CROSSINGS. In General. authorization, ... bonds or capital, increase of, ... construction, method of, as to, discontinuance, of crossing, . public or private way, ot, engineer of grade crossings, appointment by attorney-general, duties, etc., equity jurisdiction to enforce, grade, change of, ' . and location of street railway, . highways involved, to be constructed with clear view for at least one hundred and fifty feet, unless abolition plan is approved by high- way commission, . maintenance and repair of new crossing, apportionment between different railroads for, . . . " approaches and wearing surface of bridges maintained and repaired by city or town, .. taking of land, what constitutes, . deemed to be taken by whom, . . . . filing and record, . 32 22,23 60-63 22 2t 21 21 29 21 24 24 24 27,30 27,30 27 24,25 25 24,25 Agreement for. by two railroads, . commissioners to supervise, by railroad and local authorities, . approval of commissioners, . and agreement, to be filed by clerk of board, ...- damages, assessment of, . expense, apportionment of, . amount payable by commonwealth, . force and effect of, supervision by commissioners, may employ agents, filing agreements with county commissioners, with auditor of commonwealth, in registry of deeds, no fee required, . 85,86 85 29, 30 29 29 30 29 30 29 30 30 29,30 30 30 Auditor. appointment, duties, etc., compensation, , 27, 28 23, 27, 28 ABOLITION OF GRADE CROSSINGS Continued. damages, amount investigated by, when, . 25 for land taken, allowance, investigation, . 28 paid by city, town or corporation, to in- vestigate, unless, ... 25, 28 report of, filing with auditor of common- wealth, ...... 2S Commission. alterations, manner of, to specify, performance by whom, to determine, . 22 appointment by superior court, . . . 21, 22 may appoint public service commissioners, . 22 compensation included in cost, . . . 23 decision returnable to superior court, . . 24 commissioners to approve, . . . 31, 32 discontinuance of way, as to, ... 24 duties and powers, ..... 24, 25 expense, apportionment by, .... 23 limit chargeable to city or town, . . 23 repairs of, . . .27 grades, to specify, ..... 24 change of railroad, consent of commission prerequisite, ..... 24 meetings and hearings, .... 22 method of construction, to specify, . . 24 commissioners may be appointed, . . 22 Damages. assessment of; costs, ..... 25 petition for, venue, limitation, etc., . . 25 to be brought within one year, ... 25 payment of, primarily, by whom, . cities, etc., may borrow for, repayment of loan, .... public way, for discontinuance of, payment, primary liability for, . easement in land adjoining, private way, discontinuance of, . payment, primary liability for, . easement in land adjoining, settlement of claims, attorney-general may join in, when, ..... temporary loans by cities and towns for, application of repayments, limit of indebtedness, excluded from, . 32, 33 33 25 25 25 25 25 25 26 32,33 33 33 Decree. of court to constitute a taking, etc., . . 24 filing with county commissioners, . . 24 with auditor of commonwealth, . . 24, 25 recorded in registry of deeds, . . . 24, 25 288 INDEX TO RAILROAD LAWS. ABOLITION OF GRADE CROSSINGS Concluded. Expense, apportionment of, ..... 22, 23 maximum, payable by city or town, . . 23 private ways, in case of, . . . .23 several railroads, between, ... 22 certificate of commissioners, . . 29, 31, 32 commonwealth, proportion payable by, . 23, 30 annual limit, total, ..... 30 bonds, sale of, authorized, . . . 30, 31 application of proceeds, . . . 30. 31 not to Ije assessed, when, .... 23 sinking fund, ...... 31 payment of, decrees for, .... 28 town's proportion, primarily payable by state, 28 repayment as part of state tax, . . 28 transfer of credits to loan, .... 32 reimbursement of expense, .... 22, 23 for plans, ...... 22 Proceedings. appointments, decrees, etc., in any county, . 29 attorney-general, etc., to appear for state, . 22 decree, effect of, . . . . . .24, 25 decree to constitute taking of land, when, . 24 deemed to be taken by whom, ... 25 filing and record, ..... 24, 25 enforcement of laws, regulating, ... 29 petition, by whom filed, contents, . . 21, 22 consolidation of two or more, ... 22 entry, notice of, to commissioners, . . 21 several crossings, may include, ... 22 several railroads, may include, when, . 22 precedence, decision as to, . . . . 31 report of commission to court, ... 24 commissioners to approve, ... 31 no hearing necessary if members are special commissioners, ..... 32 to be filed and recorded in registries of deeds, without fee, . . . .21 service of notice, etc., on commonwealth, . 22 Street Railways. location changed, .... .24 to contribute, when, ..... 23 stock or bonds for, ..... 24 reimbursement, when, how expended, . . 23 auditor 28 party to, may petition, .... 22 ABSTRACTS. and tables from annual returns, ... 6 ACCESS. to books, etc., of state departments. See BOOKS. to private land, ...... 91 ACCIDENTS. defective notices, correction of, . . . 157 investigation by commissioners, ... 13 by inspector, ...... 39 inquest in case of death, . . . . 36 notice of; omission, penalty, . . . 38, 39 reports of, . . . . . . . 159 to employees, . . . . 102-108 ACCOMMODATIONS. for passengers, etc.; reasonable, . connecting roads, on, . withholding, penalty, . ACCOUNTANTS. appointment, duties, . compensation, . commission may appoint, salaries, terms of office, etc.. 111,127, 128 . 45, 46, 139 . Ill 1,9 5 5 5 ACCOUNTING OFFICER. to swear to annual returns, . . . 17, 159 ACCOUNTS. failure to keep in method prescribed, penalty, 16 See CORPORATE MATTERS. of common carriers, annual audit of, . . 14 information not to be divulged, penalty, . 14 forms of, how prescribed, .... 17 ACKNOWLEDGMENT . of orders of commission. See ORDERS. ACT. effective as to appointment, etc., on passage, . xvii otherwise effective July 1, 1913, . . xvii ADDITIONS. to rolling stock, suggestions, ... 12 to appliances, may be required, . . .116 ADMINISTRATORS. may vote as stockholders on stock held, . 58 ADVICE. of commissioners not to relieve corporate lia- bility, 13 AGENTS. of commission, may enter on premises, etc., when 36 of railroad corporations, penalty ior violation of act, etc 63 See EMPLOYEES. AGREEMENT. as to route, ...... 53 as to grade crossing abolition, filing, . . 29, 30 approval by commissioners, . . .29, 30 damages, assessment, .... 30 expense, apportionment of, ... 29, 30 amount payable by commonwealth, . 30 force and effect of, . . . . .29 AGREEMENT OF ASSOCIATION. See CORPORATE MATTERS. AGREEMENTS. forms of, affecting rates. See RATES. ALDERMEN. of Boston, jurisdiction of, . . . .48 board of, definition, ..... 48 complaints to, appeal from, for commissioners, 13 may petition for examination of railroad, etc 13 may petition for special grade crossing aboli- tion commission, . . . .21 may petition as to alteration of crossings, . 18 INDEX TO RAILROAD LAWS. 289 ALIGNMENT. change of location to improve, ... 75 ALTERATION. in course of canals, ..... 89 of crossings. See CROSSINGS, ALTERATION OF. of grade crossings. See ABOLITION OF GRADE CROSSINGS. ALTERATION OF CROSSINGS. In General. abolition and alteration, distinction, . . 32 appeal from county commissioners, . . 91 how perfected 91, 92 authorities to apply for, betterment laws to apply to, Boston, jurisdiction commissioners in, . damages for alteration, expense of alterations, .... general highway law, applicable, . railroads, two, proceedings at crossings of, recovery of proportionate cost, taking land for alterations, . to include structural change in bridges, County Commissioners, jurisdiction of, . in Boston, commissioners to act, appeals from, to commissioners, . how perfected, .... heard in county, unless, waiver of ...... costs, payment of, .... hearing, decision, etc., 18 20 18 19 19 20 85 22 19 18 18,19 18, 19 91 91,92 92 92 19 18 Special Commission. appointment of , . . . . . .21,22 award and apportionment by, , . . 19, 20 appeal to a jury, ..... 20 decree and award to be final, ... 20 to include maintenance of bridges when rebuilt 20 equity jurisdiction to enforce, ... 20 appointment of, after hearing, . . 20 duties 19, 20 commissioner, one, to be a member of, . . 20 hearing, after notice, ..... 20 qualifications of members, .... 19 written award, return of, . . . .20 Street Railway Companies. share expense, . . . . . .18 as to approaches, etc., .... 18, 19 may ask for commission, . ... 20 percentage of cost, etc., .... 18, 19 AMENDMENT. of defective returns, . . . . 17, 160 penalty for neglect, . . . . .160 of rulings of commission by supreme judicial court 167, 168 procedure, 167, 168 AMOUNT. of bonds. See BONDS. of capital stock. See CAPITAL STOCK. of evidences of indebtedness. See INDEBT- EDNESS, EVIDENCES OF. of notes. See NOTES. AMOUNT OF STOCK. per mile, ..... ANIMALS. barriers against, non-erection, penalty, driving on track, illegal transportation of, confinement restricted, penalty for violations, unloading for food, water, etc., . ANNUAL. choice of directors, . examination of books and accounts, ANNUAL MEETINGS. place, proceedings, etc., . ANNUAL REPORT. to general court, . . . . date of submission, . . . . . expenditures, statement of, in, . number of copies, . . . . . printing, distribution, . . . . . reasons for non-approval of locations in, for approval or non-approval of stock or bond issues, . . . . . suggestions of changes, etc., in, . See ANNUAL RETURNS. 52 84 153 131 131 131 131 5(5 14 57 6 6 5-7 6,7 6 72 62 6 ANNUAL RETURNS. to commissioners, . . . .17, 159, 160 treasurer to swear to, ... 17, 159 See RETURNS. to tax commissioner. See TAXATION. ANNULMENT. of rulings of commission by supreme judicial court 167, 168 procedure, . ... . . 167, 168 ANOTHER RAILROAD. grade crossing over, ..... 85, 86 engines stopped within 500 feet, ... 96 regulations as to, by commissioners, . . 96, 97 APPARATUS. instruments, etc., expenditures for, . . 7 APPEAL. from Boston aldermen, .... 48, 49 from county commissioners, . . . 91 as to embankments, fences, etc., none, when, .....'. 84 . in crossing alterations, .... 91 from special commissioners, alterations, . 20 from valuation of assessors, . 4 . .141 Sec TAXATION. APPLIANCES. affecting service. See SERVICE. in cars, additional, failure to provide, penalty, . for freight trains, neglect, See EQUIPMENT. APPLICATION. damages, for, within one year, repairs on bridges, for, . removal of obstructions at crossing 108, 116 108 100-102 83 90 89 290 INDEX TO RAILROAD LAWS. APPLICATION Concluded. of statutes as to railroads, .... 49 existing, subject to general law, . . 49 toreign, by concurrent legislation, rights, etc., 49 lessor operating, subject to general law, . 49 special charters, how affected, . . .50, 51 trustees operating, subject to general law, . 49 APPLICATION OF PROCEEDS. of bonds. See BONDS. of capital stock. See CAPITAL STOCK. of evidences of indebtedness. See INDEBT- EDNESS, EVIDENCES OF. of notes. See NOTES. APPOINTEES. of commission, exempt from civil service requirements, when, . . . - . 4 APPOINTMENT. of commissioners, number, etc., . . 1, 2, 4, 5 of crossing alteration commissioners, . . 20 of grade crossing abolition commissioners, . 21, 22 APPORTIONMENT. expenses, of commissioners [repealed], . . 5 alterations of crossings, for, .... 18 maintenance, separated crossings, for, . . 27 expense, crossings separated by agreement, . 29, 30 separated by special commission, . . 23 between several railroads, . . 23 APPORTIONMENT OF TAXES. See TAXATION. APPRAISALS. audits, examinations, etc., expenditures for, . 14 of property, stock or bond issues, ... 2 APPROACHES. in alteration crossings, street railways to con- tribute, .... . , 19 APPROVAL. by commissioners, of bond issues, 60-64, 67, 69 of stock issues, . . . 62, 63, 67, 68 of issue of bonds. See BONDS. of issue of capital stock. See CAPITAL STOCK. of issue of evidences of indebtedness. See INDEBTEDNESS, EVIDENCES OF. of issue of notes. See NOTES. See ABOLITION OF GRADE CROSSINGS; COR- PORATE MATTERS; LOCATION AND CONSTRUCTION. ARREST. of passengers without warrant, when, detention of, . . ASSAULTS. employees, ASSESSMENT. of damages, alteration crossings, . by county commissioners, pending suits, .... of damages, grade crossing abolitions, of taxes. See TAXATION. 155 35 43 19 77 81 25 ASSESSMENTS. on shares of stock, sale of stock for non-payment of, . ASSIGNEE. liability for obstruction by trains, ASSISTANTS. commission may employ, salaries, terms of office, etc., 59 59 99 ASSISTANT SECRETARY. duties, etc., 1, 2, 4, 5 ASSOCIATES. number and qualifications, . authority of, etc., See CORPORATE MATTERS. . 51, 52 52 ASSOCIATION, AGREEMENT CORPORATE MATTERS. ASSUMPTION OF RISK. by employees, restricted, . OF. See 102 AUTHORITY. of commission. See CONSTRUCTION OF ACT. ATTACHMENT. of cars, etc., ...... 38 forbidden, unless, etc., . . . . . 38 crossings, to prevent illegal, ... 86 grade crossings, for abolition of, . . . 22 obstruction by freight trains, to prevent, 99, 100 discrimination, to enforce penalties for, . 126, 127 merchandise, to enforce transportation of, . 127 penalties, actions by, to recover, . . . 127 platform gates, to enforce requirements as to, 109 safety couplers on freight trains, as to, . . 101 stations, to prevent abandonment, . . 95 stock, etc., issue, to enforce laws as to, . . 71 ATTORNEY-GENERAL. to proceed against railroads, when, to appear in grade crossing abolition proceed- information by, as to illegal crossings by rail- roads, ...... as to abandonment of stations, . , , as to diminished accommodations, application to supreme court as to trains at crossings, etc., ..... as to safety couplers on freight trains, to recover penalties for violation of laws as to equipment, etc., .... for failure to use platform gates, as to transportation of merchandise, . may apply to supreme, etc., court as to stock and bond issues, .... may advise and act as counsel, settlement of claims, may join in, . may apply to supreme judicial court, etc., for jurisdiction in equity to enforce act, supervision of counsel in certain proceedings, etc., ...... AUCTION. stock sales at, when, 11 22 86 95 95 100 101 102 109 127 71 9 26 63 168 71 INDEX TO RAILROAD LAWS. 291 AUDITOR. in grade crossing abolition cases, ... 27 report of, filing 27, 28 to investigate damages paid by city, town or corporation, unless, . . .25, 28 AUDITOR OF COMMONWEALTH. grade crossing abolition decree, to be filed with, 24, 25 agreement for abolition, to be filed with, . 29, 30 to determine annual payments by cities and towns, etc., ..... 28 computation of annual payments by com- monwealth, 30, 31 AUDITS. expenditure for, ...... 14 of books, etc., of common carriers and an- nual, ...... 14 AUTHORITIES. See LOCAL AUTHORITIES; CITIES; TOWNS. AUTHORITY. of associates for formation of corporation, . 51, 52 of commission to supervise, etc., ... 89 for bond or stock issues, .... 62 for stock holding by corporations, . . 65 for locating crossings, .... 18, 29, 86 to give mortgages, etc., .... 62 See RAILROAD COMMISSIONERS. AUTHORIZATION. of location and construction, ... 72 of recovery for negligence, .... 40^42 tor grade crossing abolition, ... 22 AUTOMATIC COUPLERS. for freight cars, ...... 101 AUTOMATIC SIGNALS. at overhead crossings, as to, ... 97 See SIGNALS. AVOIDING DAMAGES. by change of location, .... 80 AWARDS. in crossing alterations, to be final, ..... B. BADGES. employees, for, penalty, railroad police officers, for, . BAGGAGE. bicycles as, ..... checks to be furnished, penalty, free, amount of, carried on mileage, injuring or destroying, unclaimed, sale, etc., .... penalty for neglect to advertise, storage of, no charge for, when, BANKS. selling tickets to foreign countries, bond, BARRIERS. against animals, non-erection, penalty, . 19, 20 20 112 35 121 121 116 122 122 123 122 120 BEASTS. on track, .... BELL RINGING. at crossings, BETTERMENT LAW. to apply to alteration crossings, BICYCLES. 153 97 20 121 BLOCK SIGNALS. to be maintained, if commissioners shall re- quire, ...... 8 equity jurisdiction to enforce, ... 8 BLOCKING. frogs, neglect, penalty, . . . . 95, 96 guard rails, neglect, penalty, . . . 95, 96 switches, failure, penalty, .... 95, 96 BOARDS. of commonwealth, access to books, etc., . 16 BOARDS AND COMMISSIONS. appointment, duties, reports, etc., . . 1-17 BOILERS, LOCOMOTIVE. regulations for testing, . . . .110 not testing, penalty, . . . . .111 BOND. not to be required from employees, . . 113 from firms, etc., selling tickets to foreign countries, ..... 120 BONDHOLDERS. election of trustees by, when, annual report of trustees to, calling of meetings by, meeting, annual, of; notice, . trustees' contracts, etc., proxy voting by, . rights ot, . 64, 65 64, 65 64,65 64,65 64 64,65 64 BOND HOLDING. in other corporations regulated, BONDS. approval of, by stockholders, by commissioners, . binding and collectible at law, when, connecting roads, guarantee by, exchange of, not to affect mortgages, grade crossing abolition, etc., for, mortgages, secured by, other corporations, of, registered, regulations as to, steamship companies, guarantee by. M 62 62 64 66 63, 64 60 . 62, 63 66 63, 64 Public Service Commission Act of 1913. railroad corporations may issue, when, . . 62 for funding floating debt, . . 62 for any other lawful purpose, ... 62 may mortgage or pledge railroad, equipment and franchise, ... 62 real and personal property, etc., . . 62 mortgage to secure all bonds, etc., pre- viously issued and outstanding, . . 62 292 INDEX TO RAILROAD LAWS. BONDS Concluded. amount of , etc., not to exceed twice the amount of capital stock, .... hew determined, ..... certain, deposited not taken into account, not to be issued unless authorized by stock- holders' vote, ..... nor unless countersigned, etc., by appointed person, ...... or certified by trust company, proposed issue, application, approval, decision, within thirty days of final hearing, . in writing, with reasons therefor, determination of capital, etc., under acta of 1908 hearing, decision within thirty days of final, order, may provide for application of pro- ceeds, etc., ..... other corporations, issue for purchase, pro- hibited, except, .... approval of, when, . refusal of approval, when, .... superior court, equity jurisdiction, to enforce, supreme judicial court, equity jurisdiction, to enforce, ..... application by commission, attorney-gen- eral, etc., ...... other states or foreign countries for use in, approval not required, when, property, improvements, etc., to be re- ported, ...... of other corporations controlled by lease, etc., issue for, ..... proceeds not applied otherwise than specified, corporations, also incorporated in other states, provisions, .... or in foreign countries, when, property, improvements, etc., to be reported, other corporations, issue prohibited, except, . penalty, for violation of certain sections, for unlawful vote or application of proceeds, for unlawful assumption of debt or liability, repeal of acts and parts of acts inconsistent, etc., ...... See CORPORATE MATTERS. BONDS OF COMMONWEALTH. for abolition crossings, .... sinking fund, ...... < 62 62 62 62 62 62 62 62 62 62 62 62 63 63 62 63 63 63 62,63 63 63 63 n 88 88 63 63 63 88 6:5 63 BOOKS. to be kept in uniform manner, . . 14, 159 commissioners to prescribe forms, . 17, 18 to conform to interstate commerce forms, 17, 18 directors may request examination of, . . 14 non-submission of, . . . .16 of common carriers, may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, . . 14 of state departments, access to, in making val- uation, etc., . . . . . 16, 17 BOOKS AND ACCOUNTS. See CORPO- RATE MATTERS; RAILROAD COMMIS- SIONERS. BOOKS AND RETURNS. uniform system, .... 14, 159 publication of statements, ... 14 See CORPORATE MATTERS; RAILROAD COM- MISSIONERS; RETURNS. BOSTON. jurisdiction of aldermen in, . . . .48 appeals to commissioners, .... 49 application for juries in, how made, . . 49 exception as to leases, contracts, etc., . 139, 140 cheap morning and evening trains to and from 123 damages, provisions for, in, . . . .49 jurisdiction of commissioners as to locations in 48, 49 as to alteration of crossings in, . . . 18 operation, regulation by aldermen, . . 48 workingmen's trains, to and from, . . 123 BOSTON ELEVATED RAILWAY. no repeal of provisions of act of 1897 to pro- mote rapid transit, etc., . . . 168 nor action inconsistent with prior rights, etc., 168 BOSTON TERMINAL COMPANY. unauthorized riding upon cars, etc., of, . . 153 loitering in station of, . . . . . 153 supervision of stations and premises by com- missioners, . . . . .12 of operation of trains by commission, . 12 BRAKES. and brakemen, ...... 100 insufficient, penalty, ..... 101 BRANCHES. capital stock for, certificate, etc., ... 92 increase of stock to build, .... 60 prior conditions, ..... 72, 92 subscription for shares in, . . . .66 See LOCATION; CORPORATE MATTERS. BRIDGE ENGINEERS. expert, appointment of, duties, . . . 2, 37 BRIDGE GUARDS. approval by commissioners, .... 96 exemption from maintenance, when, . . 96 neglect, penalty, . . . . .96 BRIDGES. alteration of, ...... 18, 90 alteration of crossings law, to apply, when, . 90 examination of, by experts, . . . . 2, 37 guards for, penalty for neglect, ... 96 height, construction, etc., .... 86, 87 new bridges, examination, report, . . 37 drawings, prints, etc., .... 37 overhead, height of, ..... 86, 87 repairs, application, obligation, damages, 27, 29, 90 application to commissioners, hearing, when, 89 decision to prescribe manner and limits of work to be done, .... 89 superior court, Jurisdiction to enforce de- cision upon neglect, etc., ... 89 space under, regulated, .... 86, 87 ways over and under, ..... 86, 87 BRIDGING. to be indicated on map of route, ... 52 INDEX TO RAILROAD LAWS. 293 BUILDINGS. of common carriers, may be inspected by com- missioners, agents, etc., taken outside route; consent of town pre- requisite, ...... BUREAU CHIEFS. commission may appoint, salaries, terms of office, etc., ..... BURIAL GROUNDS. layout over, ..... location over, prohibited except, . consent of town, parish, etc., prerequisite, 36 75 c. CANALS. alteration in course of. damages, payment, . CAPITAL. additional, for branches, increase of; certificate, illegal increase; penalty, illegal issue; penalty, . issue of, . of foreign railroads, 73,75 73 73,75 89 89 . 60,92 55, 60, 70 60 71 62, 63, 68 164, 165 CAPITAL STOCK. duties of directors as to, . . . 58, 59 reduction of; certificate., .... 52, 55 subscription and payment before locating, . 72 See CORPORATE MATTERS (CAPITAL STOCK). CARLOAD LOTS. of freight, switch connections, etc., track, when 138 CARS. attachment of, . . . . . .38 breaking and entering, .... 156 disorderly conduct in, . . . . .156 drinking water in. See DRINKING WATER. expectoration in, .... 154, 155 gaming on, ...... 156 heating, neglect of, penalty, . . . 108 lighting, by naphtha, prohibited, . . . 109 machinery, etc., considered, when, . . 103 obstruction of, penalty, .... 155 obstruction by, ...... 99 stealing from, penalty, .... 156 use of, for inspection of lines, etc., . . 36 operation of, to secure through route. See THROUGH ROUTE. See ROLLING STOCK. CAR SERVICE. jurisdiction of commission over, ... 3 CASH PAYMENT. for new shares of stock, .... 72 CATTLE BARRIERS. See LOCATION (Fences). CEMETERIES. See BURIAL GROUNDS. CERTIFICATE. of commissioners, as to locations, filing of, fee, branches, as to, filing of, fee, gauge, change of, ..... 72 92 55 CERTIFICATE Concluded. of commissioners, incorporation, as to, . . 54 for foreign countries, . . . .165 of commissioners, land damages, as to, pro- vision for, ..... 54 public convenience, of, . . , f 53 of compliance, with laws as to incorporation, 54 routes, as to, deposit of, . . . .53 in cities or towns, on appeal, . . . 53 land takings for, to local authorities, . . 77 stock, issue, ...... 58 lost, replacement, etc., .... 59 stock increase, as to, . . . . .55 reduction, as to, . . . .55 stock payment before, .... 54 See CORPORATE MATTERS. CHANGE. of name, commissioners may authorize, . 151 See NAME. CHANGES. affecting rates. See RATES. in train crews. See TRAIN CHEWS. CHANGE OF LOCATION. after land taking, . . . .80 avoiding damages by, ..... 80 See LOCATION. CHANGES. and improvements, commissioners may sug- gest, 12 in fares, commissioners may suggest, . . 12 legislature may revise, . . . .116 in rolling stock and stations, ... 12 CHARGES. of common carriers, inquiry into, . . 127-128 to be just and reasonable, . . .116 unjust and unreasonable, unlawful, . . 116 heretofore made deemed prima facie lawful, 1 16 weight of evidence, regulation of, . .116 for service. See RATES. CHARITABLE PURPOSES. See FREE TRANSPORTATION. CHARTER. granted by concurrent legislation, . . 49 provisions ot act to be an alteration or amendment of, . . . . . 49 publication of petition for, .... 50 petition deposited with secretary, . . 50 locations under special, .... 51 unauthorized increase of capital stock, for- feiture for, ..... 60 validity of special powers not impaired by general law, ..... 49 See CORPORATE MATTERS; SPECIAL CHAR- TER. special; action upon petition; notice, . . 50 contents, terms and specifications, . . 51, 52 location and construction under, . . 51, 52 maps, estimates, etc., to go with petition, . 50 plans, etc., deposit in state library, . . 51 validity of special powers not impaired by general law, ..... 49 See CORPORATE MATTERS. 294 INDEX TO RAILROAD LAWS. CHEAP MORNING TRAINS. and evening, to furnish, 123 CHILDREN. not required to ride in smoking cars, . . 124 under twelve years of age, transportation of, at reduced rate. See RATES. CITIES. may borrow for payment of damages, cross- ings, when, . 32, 33 may receive telephone and telegraph service at reduced rates, unless, . . . 124 CIVIL SERVICE RULES. exemption of experts and inspectors from, . 4 CLAIMS. for damages, unsettled, revivor of, 83 CLASSIFICATION. of common carriers, forms of accounts for each class, .... 17, 18 for service. See RATES. CLERK. choice by directors, ..... must be resident of commonwealth, . temporary, how chosen, See CORPORATE MATTERS (Agreement of Association, Organization). CLERK OF THE BOARD. appointment, duties, salary, etc., . appeals from county commissioners' decisions to be filed with, .... certificate as to incorporation, precedent to construction, as to foreign railroads, .... as to gauge, change of, as to locations, ..... as to branches, ..... as to land purchased outside of locations, . as to plans, etc., of locations, as to purchased land, .... as to route, on appeal, .... filing by, of grade crossing abolition agree- ments, ...... CLERKS. commission may appoint, salaries, terms of office, etc., ..... 56 r>2 1,5 92 54 72 165 55 74-77 92 75 75, 76 76,77 53,77 29,30 CLOSING DRAWBRIDGES. BRIDGES. COLLISIONS. at grade crossings, liability for, loss of life in, . See DRAW- 157 157 COLOR. or race discrimination, prohibited, penalty, 124, 125 COLOR BLINDNESS. examination for; penalty, .... COMMISSIONERS . public service and railroads, duties of, etc. See PUBLIC SERVICE COMMISSION; RAILROAD COMMISSION; and under various TITLES. 112 COMMISSION, SPECIAL. for crossing alterations, .... 19 See also CROSSINGS, ALTERATION OF. for grade crossing abolition, . . . 21, 22 commission may be appointed, ... 22 See also ABOLITION OF GRADE CROSSINGS. COMMODITY RATES. See RATES. COMMON CARRIER. In General. accounts of, annual audit, etc., ... 14 forms of, prescribed, .... 17 charges, to be just and reasonable, . . 116 unjust and unreasonable, unlawful, . . 116 heretofore made deemed prima facie lawful, 116 weight of evidence, . . . . .116 classification of, for accounting, . . . 17, 18 definition, services supervised and regulated, 2, 3 electrification of railroads may be ordered, . 9, 10 entry upon premises of, by, when, . . 36 inspection of property, etc., by commissioners, etc., 36 use of locomotive, car, etc., ... 36 jurisdiction of commission over, . . . 2, 3 laws concerning, compilations from time to time, ...... 7 not liable under trustee process, when, , . 134 orders and rulings of commission, . . 167, 16S supreme judicial court, jurisdiction to amend 167, 168 provisions of previous acts, etc., and rights acquired unrepealed, . . 168 valuation, etc., of property, etc., may be made, 16, 17 violations of interstate commerce law, pro- ceedings 127, 128 of laws of other states, proceedings, . 127, 128 See SERVICE. See also under other Titles. Rates. changes in. See RATES. charges, regulations, practices, equipment, services of, inquiry, . . 36, 127, 128 See also RATES. commission may act upon, . . . .116 previous action under authority, etc., not to prevent, . . . . . .116 hearings affecting rates. See RATES. mileage, workingmen's, excursion, school or commutation. See RATES. orders fixing rates. See RATES. passes. See RATES. schedules. See RATES. season tickets. See RATES. Services. under supervision and regulation, . . 3 appliances for transportation, ... 3 car service, ...... conveniences in facilitation of common car- riage, ...... 3 electric railroads, ..... 3 equipment, ...... 3 express service, ...... intelligence by electricity, transmission of, . 3 railroads, ....... 3 street railways, ...... 3 telephone lines, ...... 3 telegraph lines, ...... 3 INDEX TO EAILROAD LAWS. 295 COMMON CARRIER Concluded, transmission of intelligence by electricity, transportation, etc., of persons or property, See also TRANSPORTATION'. COMMON OR PARK. location on, forbidden, 73 COMMONWEALTH. books, etc., of, access to, in making, valua- tion, etc., ..... 17 hearings, within and without, . . 127, 128 reservation of powers to, . . . . 49, 50 may purchase roads, when, .... 49, 50 may take roads after one year's notice, . 50 payments for grade crossing abolition, pro- portion, ...... 23 annual limit, total, ..... 30 bonds, sale of, authorized, . . . 30, 31 application of proceeds, ... 31 not to be assessed, when, .... 23 sinking fund, ...... 31 purchase by, after twenty years, . . . 49, 50 reserved rights unimpaired, when, . . 49, 50 service of notice, etc., on, .... 22 taking by, after year's notice, ... 50 unclaimed articles, proceeds of sale for, . 122 secretary of. See SECRETARY OP COMMON- WEALTH. COMMUTATION TICKETS. issue of, ....... 119 Boston, Revere Beach and Lynn, exempted, 119 See RATES. COMPENSATION. commissioners for grade crossing abolition, 22, 23 of county commissioners in location pro- ceedings, 80, 81 for joint use of roads, . . . . . 95 revision by court, ..... 95 COMPLAINTS. authorities may make, investigation by commissioners, by employees, defective machinery, etc. secrecy of, .... grade crossings, as to obstruction of, legal voters may make, COMPLETION. of branches, limit of time for, 13 13 13 13 100 13 . 92, 93 COMPLIANCE. with laws as to incorporation, certificate, . 53 with laws preliminary to operation, certifi- cate, 92, 93 CONCURRENT LEGISLATION. railroad corporations chartered by, . . 49 benefits, entitled to, of domestic roads, . . 49 liabilities, subject to, of domestic roads, . 49 See also CHARTERS. CONDITIONAL SALES. of rolling stock, . . . . . . 37, 38 record by secretary, fee, etc., ... 38 title to vest in purchaser, when, . . . 37, 38 See ROLLING STOCK. CONDITIONS. and restrictions at grade crossings, . . 18 affecting rates. See RATES. upon season tickets, subject to approval, . 116 CONDITIONS PRECEDENT. branches, as to, . . . . 72, 76, 77, 92 construction over ways, as to, . . . 86, 87 grade crossings, as to, . . . . . 86, 87 land taking, as to, . . . . . 73, 76 locations, etc., as to, . . . . . 72, 73 See CORPORATE MATTERS; LOCATION. CONDUCT. disorderly, in trains, . . . .35, 42, 156 CONDUCTOR. two years prior employment as brakeman re- quired on standard gauge roads, penalty, . . . . . . 112 CONDUITS. of common carriers, may be inspected, etc., . 36 CONNECTING POINTS. See THROUGH ROUTE. CONNECTING ROADS. accommodations for passengers, freight, etc 138, 139 annual returns to contain contracts, etc., . 46, 139, 140, 159 commission may determine compensation, when, 138, 139 bonds, guaranty of each others', ... 66 Boston, exception as to leases or contracts, 46, 140 chartered by other states, privileges of , . 139,140 compensation for drawing cars, etc., . . 138 construction of term " connecting railroads," . 137 contracts and leases between, . . 45, 46, 140 copies of contracts, deposit with commis- sioners, ..... 46, 140 joint use of, authorized, . . . 137-140 leases restricted to ninety-nine years, . . 140 milk receipts from, .... 135, 136 regulation of rates between, . . 138, 139 subscription for shares in, . . . . 65, 66 See THROUGH ROUTE. CONSCIOUS SUFFERING. with death resulting from injury, damages for, 41 CONSENT. for grade crossings, ..... 18, 86 CONSEQUENTIAL DAMAGES. or immediate, provision for, ... 54 CONSERVATORS. may vote as stockholders on stock held, . 58 CONSOLIDATION. of two or more petitions, abolition crossings, . 22 CONSOLIDATIONS. regulated, ....... 43 approval by commissioners, .... 43 certificate filed with secretary of state, . . 43 restrained, "merger bill," .... 43-46 296 INDEX TO RAILROAD LAWS. CONSTRUCTION. in grade crossing abolitions, . under charters, .... limit of time for, of branches, of railroads over or under ways, stock payment before, .... See GRADE CROSSINGS; LOCATION AND CONSTRUCTION CONSTRUCTION OF ACT. continuation of existing statutes, etc., . Act of 1913. remedial, and in extension, etc., of all pre- . 22, 23 51 . 92, 93 72 47 168 vious acts, etc., repeal of all acts limiting jurisdiction, powers, etc., 168 proviso, no repeal of provisions of 1897, 500, . 168 or permitting action inconsistent with prior rights, etc 168 CONSTRUCTION MATERIALS. injury to, . . . . . . . 154 CONSTRUCTION, METHOD OF. in grade crossing abolition, .... 23 CONTIGUOUS COUNTIES. jurisdiction as to land taken in, . . . 81 damages if land lies in, . . . . 81 CONTRACTS. between connecting roads, . . .45, 46, 139 commissioners to approve, .... 43, 45 copies with commissioners, . . . 13, 46, 140 not invalidated in building branches, . . 92 of common carriers may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, . . 14 forms of, affecting rates. See RATES. service at rates in certain, no discrimination, unless, ...... 116 to operate railroad, by trustees, ... 64 notice to bondholders, . . . . 64, 65 with express companies, copies for commis- sioners, ...... 13 COPIES. of books, contracts, etc., compulsory pro- duction of, ..... 14 CORPORATE FRANCHISE TAX. See TAX- CORPORATE LIABILITY. not relieved by advice of commissioners, . 13 CORPORATE MATTERS. Agreement of Association, annexation to certificates, .... 54 associates, number and qualifications, . . 51, 52 authority of, ...... 52 capital stock, to set forth amount of, . . 52 certificate of incorporation to be recorded with, . . . . . .54 certificate of public convenience, . . .53 CORPORATE MATTERS Continued, clerk, temporary, appointment of, first meeting, calling; affidavit, to attest proceedings until, damages, to secure, .... detailed contents of, . directors to be associates, to file duties of directors in, . foreign countries, to build in, gauge, to state, ..... change of, ..... names of directors in, . publication and posting of, . clerk's certificate, evidence of, . recording of, ..... reduction of capital stock, secretary of state, filing, etc., with, treasurer, temporary, appointment of, . void unless incorporation within one year, 52 . 55, 56 56 54 . 51, 52 52 54 . 52, 53 164 52 52 52 52 52 55 55 54 52 55 Bonds. Public Service Commission Act of 1913. railroad corporations may issue, when, . . 62 for funding floating debt, .... 62 for any other lawful purpose, ... 62 may mortgage or pledge railroad, equipment and franchise, ..... 62 real and personal property, etc., . . 62 mortgage to secure all bonds, etc., pre- viously issued and outstanding, . . 62 amount of, etc., not to exceed twice the amount of capital stock, . i . . 62 how determined, ..... 62 certain, deposited not taken into account, . 62 not to be issued unless authorized by etock- holders' vote, ..... 62 nor unless countersigned, etc., by appointed person, ...... 62 or certified by trust company, . . 62 proposed issue, application, approval, . . 62 decision, within thirty days of final hearing, . 62 in writing, with reasons therefor, . . 62 order, may provide for application of pro- ceeds, etc., ..... 62 other corporations, issue for purchase, pro- hibited, except, .... 63 approval of, when, ..... 63 superior court, equity jurisdiction, to enforce, 63 supreme judicial court, equity jurisdiction, to enforce, ..... 63 application by commission, attorney-general, etc., 63 other states or foreign countries, for use in, . 62, 63 approval not required, when, ... 63 property, improvements, etc., to be reported, . 62, 63 of other corporations controlled by lease, etc., issue for, . . . . .63 proceeds not applied otherwise than specified, 63 corporations, also incorporated in other states, provisions, . . . . . 62, 63 or in foreign countries, when, ... 63 property, improvements, etc., to be reported, 63 other corporations, issue prohibited, except, . 63 penalty, for violation of certain sections, . 63 for unlawful vote or application of proceeds, 63 for unlawful assumption of debt or liability, 63 repeal of acts and parts of acts inconsistent, etc ..63 See INDEBTEDNESS, EVIDENCES OF, NOTES. INDEX TO RAILROAD LAWS. 297 CORPORATE MATTERS Continued. Bonds and Notes. after mortgages, to secure 63, 64 amount, limits, record, etc. [repealed], . . 60, 69 approval and certification of [repealed], 60, 61, 67 bondholders, rights of, .... 64 collectible at law, etc., .... 64 connecting roads, guarantee by, ... 66 denominations, term, interest, etc., . . 61 floating debts, loans to secure, ... 60 increase of, ...... 60 issue of, authority for [repealed], . . . 60, 61 amount limited [repealed], ... 69 consent of commissioners; proceedings [re- pealed], ...... 67 expert investigation of cost of property, . 2 proceeds, application of [repealed], . . 67 other corporations, of, holding of, regulated, . 66 par, issued below, binding, .... 64 registered, issued for coupon, when, . . 63, 64 coupon to be destroyed after, ... 64 mortgages, etc., not to affect [repealed], . 64 savings banks, investments in, . . . 70 or in bonds of terminal corporations, when, ...... 70 steamship companies, to guarantee, etc., . 66 terminal companies, may hold and guarantee, 66 trustees, possession, operation, etc., . . 64 See INDEBTEDNESS, EVIDENCES OF, NOTES. Books and Accounts. close of, annually, 159, 160 58 58 14 14 . 14-16 159 corporate records to be at principal office, open to stockholders' inspection, directors may request examinations, examination by commissioners annually, inspection by commissioners, legislative committee may inspect, stock and transfer books to be kept at office, 58 open to stockholders' inspection, . . 58 competent evidence in all courts, . . 58 penalty for refusal or neglect to exhibit, 16, 58, 59 equity jurisdiction to enforce, . . 58, 59 uniform system, .... 14, 159, 160 commissioners to prescribe forms, . . 17, 18 to conform to interstate commerce com- mission forms, . . . . . 17, 18 Capital Stock. agreement of association to state, . . 51, 52 amount required per mile, .... 52 assessments, sale for non-payment, . . 60 branches and extensions, for, ... 60 certificates of increase and reduction, . . 55 directors' duties as to, .... 58, 59 of foreign railroads, . . . 164, 165 elevators, etc., increase to build, ... 60 expenditure to insure existence, ... 55 grade crossings, increase to abolish, . . 60 increase of, authorized; certificate, 55, 60, 62, 63 approval of commissioners, etc. [repealed], 67 certificate to secretary of commonwealth within three days [repealed], . . 67 duplicate to corporation [repealed], . 67 expert investigation of cost of property, 2 CORPORATE MATTERS Continued, issue of, amount per mile, .... 52 approval of commissioners, decision [re- pealed], ...... 67 certificate to secretary of commonwealth within three days [repealed], . . 67 duplicate to corporation [repealed], . 67 equity jurisdiction as to, . . . . 71 issue of, expert investigation of cost of prop- erty, 2 illegal issue, penalty for, .... 71 outside state, for use, no approval, . . 67 lost certificates, how replaced, ... 59 bond may be required, .... 59 auction, sale at, when, . . . 68, 71, 72 branches, etc., increase to build, . . 60, 92 cash payment for new shares, . . . 71 elevators, for, ..... 60 general court may authorize, ... 60 illegal increase, penalty for, ... 60 new shares, stockholders entitled to, . . 71, 72 notice to stockholders of, . . . 72 par, new shares for not less than, . . 67 price of new shares, .... 68, 71 determined by stockholders, . . . , 68 not less than par value, ... 68 new shares to be offered proportionately to stockholders, .... 68 notice to stockholders of record, . . 68 subscription within fifteen days, to be paid in cash, ..... 68 auction sale, ..... 68 approval of issue by commissioners, . 68 refused if price so low as to be incon- sistent with interest, ... 68 commissioners to fix price of shares [see 1908, 636, p. 68], . . . 71 sale of new shares, .... .68,71 subscriptions for shares, time for, . . 68, 71 narrow gauge, paid up, .... 55 payment in, before certificate, etc., . . 54 construction or location, before, as to, . 72 preferred, authority to issue, ... 70 subject to all general laws governing issue, . 70 certificates to include by-law or vote of corporation authorizing issue, . . 70 reduction and certificate of, ... 52, 55 returns of, to tax commissioner, . . . 140 transfer of shares, ..... 58 See TAXATION. Public Service Commission Act of 1913. bonds, coupon notes, etc., not to exceed twice the amount of, . . . . .62 commission to approve proposed issue, appli- cation, ...... 62 decision within thirty days of final hearing, 62 to be in writing and assign reasons there- for 62 to be based upon price, ... 62 order may provide for application of proceeds to, etc., .... 62 refusal of approval, when, ... 62 determination of capital, etc., under acts of 1908 62 hearing, decision thirty days of final, . . 62 other corporations, issue for purchase of, pro- hibited, except, .... 63 approved of, when, ..... 63 298 INDEX TO RAILROAD LAWS. CORPORATE MATTERS Continued. other states or foreign countries, for use in, . 62, 63 approval not required, when, ... 63 property, improvements and additions to be reported, ..... 63 of other corporations controlled by lease or, etc., ...... 63 issue for, approval of, when, ... 63 penalty, for violations of certain sections, . 63 for unlawful vote or application of proceeds, 63 for unlawful assumption of debt or liability, 63 price, decision as to amount, to be based upon, 62 approval refused if price so low as to be in- consistent with public interests, . . 62 proceeds not to be applied otherwise than specified, ...... 62 prohibition of issue of, for stock, bonds, etc., of other corporations, except, . . 63 property, improvements, etc., in other states, etc., to be reported, .... 63 provisions not to apply, when, . . . 62, 63 to corporations also incorporated in other states, when, ..... 63 or in foreign countries, when, ... 63 repeal of acts and parts of acts inconsistent, etc., 63 railroad corporations may issue, when, . . 62 for funding floating debt, .... 62 for any other lawful purpose, ... 62 supreme judicial court or superior court, juris- diction in equity, to enforce, . . 63 commission, attorney-general, any stock- holder may apply to, ... 63 any interested party may apply to, . . 63 Certificate of Incorporation. issue, form, fee, . . . . . . 54, 55 land damages to be secured, ... 54 limit of time for issue, .... 55 organization to follow issue, . . . 55, 56 original or copy to be evidence, ... 55 recording with agreement, .... 54 See CHARTERS. Corporate Name, character of, . . . . . .51 change of, . . . . . . . 151 Directors. annual choice of, ..... 56 agreement of association, etc., to file, . . 54 names of, given in, . . . . .52 associates in incorporating; duties, . . 52 authorized number, and when fixed, . . 56 bonds, registered, regulations as to, . . 63, 64 books and finances, may request examination, 14 capital stock, duties as to, . . . . 59 assessments upon shares, .... 59 increase of, as to, ..... 71 subscribers, to be, ..... 52 clerk and treasurer, choice by, ... 56 crossings, alteration of, may apply for, . . 18 abolition of, may apply for, ... 21 direction and immediate government in, . 56 duties, powers and qualifications, . . . 52-56 fares, rates, etc., to establish, . . . 116 first meeting, calling by, .... 55, 56 fixing route, duties as to, . . . . 52 foreign countries, to construct in, . . 164 CORPORATE MATTERS Continued. grade crossings, agreement to abolish, . . 29, 30 petition for, ...... 29 leases, making by, ... 45, 46, 139, 140 meetings, within or without the common- wealth og legal without notice, when, ... 58 president must be a; choice of, . . .56 returns, annual, ...... 159 shares, penalty for illegal issue by, . . 60 stock dividends, issue forbidden, ... 60 liability as to, . . . . . .60 terms of office of, ..... 56 vacancies, may fill, before establishment, . 52 Dissolution. application, decree, etc., . . . 151, 152 majority in interest may apply for, . . 151 continuance for winding up, . . 151,152 extinct after, to be, . . . . 152 receiver may be appointed when, . . . 152 may prosecute and defend suits, . . 152 appoint agents, etc., .... 152 to pay debts and distribute surplus, . . 152 surrender of certificate, petition, etc., . . 152 publication of notice may be required, . 152 return to secretary of commonwealth, . ' . 152 Dividends. stock dividends forbidden, . . . 60, 66, 67 liability of directors as to, . . . 67 unclaimed, publication, .... 59 Fixing Route. agreement, etc., of local authorities, when, 53, 77, 78 certificates, deposit of, .... 54 commissioners, action on petition, etc.; costs, 53 land taking, etc., ..... 77-79 location filed with commissions, . . 77 certificate to local authorities, ... 77 hearing, . . ... . . . 77, 78 appeal, when, ...... 78 location, varied, appeal, .... 78 abandonment of original route, . . . 78, 79 damages, . ...... 79 map, engineer's report, estimates, . . 52 to be submitted to local boards, . . 53 variations to be noted on map, ... 53 spurs, branches and terminals, ... 53 state house, within three miles of, . . 72 tracks longitudinally in ways, ... 53 See RAILROAD COMMISSIONERS; LOCATION, ETC. Foreign Countries. authorized to build in, .... 164 agreement of association, .... 164 capital, increase or reduction of, . . . 165 certificate of incorporation, and fee for, . 165 purchase of other roads, steamships, etc., 165, 166 subject to what provisions, . . . .164 taxation of, returns, etc., . . . .166 Gauge. agreement of association to state, ... 52 associates may change, .... 52 conditions as to, . . . . . . 55 INDEX TO RAILBOAD LAWS. 299 CORPORATE MATTERS Continued, change and certificate of, . commissioners' duties as to change, narrow gauge, capital stock in, change to standard, proceedings necessary to, 55 52 55 Meetings. calling of, notices, etc.; first meeting, . .55,56 annual meetings, place and proceedings, . 57 justice of peace may issue warrant for, when, to be held in commonwealth, proxy voting; limitations! . special meetings, calling and date, voting upon shares at, fiduciary stockholders, by, 57 57 57 .57,58 58 Mortgages. authority to give, .... bonds, prior, secured by, . debts, pre-existing, to secure, . bondholders, election of trustees by, when, annual report of trustees to, calling of meetings by, meeting, annual, of; notice, notice of trustees' contracts to, . proxy voting by, default in performance; proceedings, exchange of bonds not to affect, . foreclosure, duties, etc., of buyer, . trustees, election by bondholders, etc., . annual report to bondholders, etc., bondholders, entitled to what voice, . confirmation of election of, contracts to operate railroad, equitable jurisdiction over, 62 62 62 . ' 65 . 64, 65 65 . 64, 65 64 64 64 64 65 65 . 64,65 64 65 64 65 Officers. accounting officer, to swear to annual returns, clerk, chosen by directors, oath, . must be resident of commonwealth, penalty, general provisions as to, . president must be a director, special meetings, to call, when, stockholders, to vote on, .... treasurer, choice, bond, etc., annual returns, to swear to, . bond issues, to record [repealed], changes in, certificate to commissioner of corporations, . penalty for neglect, 159 56 56 56 56 57 57 56 159 61 56 56,57 CORPORATE MATTERS Concluded. Records. to be kept at principal office of corporation, . certificate of incorporation to be with, copy, attested, of agreement of association with, .. stock and transfer books kept at office, competent evidence in all courts, penalty for refusal to exhibit, . prior, to be attested, etc., Organization . first meeting of incorporators, called by directors, . time, place and purposes stated, notice to each incorporator, affidavit of clerk as to notice recorded, waiver of notice, . by-laws to be adopted, . clerk to be chosen, . must be resident of commonwealth, . clerk of associates to make and attest prior records, .. election of directors, . . 55, . 55, 50 55 56 56 50 56 5(5 50 60 56 56 58 58 58 58 58 58, 59 56 Returns. annual, to commissioners, accidents, etc., to report, . connecting roads, to contain contract, etc., .... 139,140, contract, leases, etc., to contain copies, . 140, form to be prescribed by commissioners, 17, 159, may conform to that of interstate commerce, amendment of defective, . . "i lessor and lessee, by, . penalties for failure, quarterly statement, public inspection of, Stockholders. assessment of, proceedings, etc., . bond issue, approval by, . leases, approval by, . lists of, access to, for tax commissioner, . new shares, subscriptions for, may apply to supreme, etc., court as to stock and bond issues, . proxy voting, limitations, . special meeting, may request, stock dividends forbidden, . . & unclaimed dividends, publication, votes of, at meetings, . . 17, 159, 160 159 159 159 160 17 160 161 161 161 59 63 139 16 140 71 71 57 57 5,67 59 57 Transfer of Shares. attachment not to defeat title, etc., delivery, record, etc., 68 58 CORPORATE NAME. character of, . change of, 151 See NAME. CORPORATIONS. subject to railroad laws, .... commissioner of, notice to, of change of offi- cers, .. under supervision of commission, ... 3 COSTS. of location, petition, . payment of, alteration crossings, recovery of, proportionate, reimbursement, in damage suits, . 53, 81 . 18-20 20 . 25, 26 COUNSEL. commission may appoint, salaries, terms of office, etc., . to act under attorney-general, when, may start proceedings in supreme judicial court 167,168,250 to prevent violations of laws or orders, when, . . - - 167,168,250 i 1 94- free transportation, when, ... * 300 INDEX TO RAILROAD LAWS. COUNTIES, CONTIGUOUS. damages if land in, COUNTY COMMISSIONERS. In General. Boston, jurisdiction devolved as to, fences, construction on order of, order final, free pass, penalty for accepting, etc., Crossings. at grade, determination of, abolition of, filing decree with, agreement, filing copy with, etc., alterations, jurisdiction, proceedings, etc., appeal to commissioners, how perfected, heard in county, unless, waiver of, costs, payment of, damages, assessment of, equity jurisdiction, as to, expenses, apportionment of, special commission, to ask for, to include structural change in bridges, change of course of ways, consent to making, lay-out of ways across, obstructions, to remove, original jurisdiction as to, private land, severed, etc., as to, raising or lowering of ways, as to, repairs, to order, safeguards for rails at, standing wood, removal of, damages, appeal, ways, construction over, to fix manner, Damages. assessment by, change of route to avoid serious, contiguous counties, if land in, discontinuance of proceedings', no', except, different interests in land, limit of time for, mortgaged land, in case of, pending suits, assessment when, petition, time for filing, quashing, etc., of proceedings, practice on revivor of unsettled claims, security for, costs, tender to owner on, warrants of distress, execution, Embankments . culverts, etc., may order, no appeal from, as to, remedy and damages for non-compliance, Locations. authorized lay-out and location by, compensation on hearing on change of loca- tion, filing of location with, purchased land, of, outside limits, filing location; proceedings' variations in location, filing, 81 19 84 84 123, 124 24 - 29, 30 . 18, 19 92 92 92 92 . 18-20 . 19, 20 90 . 18-20 . 19, 20 18 87 87 88 . 86,89 90 91 86 . 89, 90 87 99 99 79 80 81 84 . 81, 82 79 82 83 79 83 83 79 79 79 84 84 84 76, 77 80,81 74 74 75 75 COUNTY COMMISSIONERS -Concluded. Taxation. appeal to, from local determination of value, See TAXATION. COUPLERS. safety, on freight trains, COUPON NOTES. for more than twelve months, must be authorized by vote of stockholders' must be countersigned by appointed person' or certified by trust company, COURSE OF WAYS. change of, . COURT. See SUPREME JrjDICIAL CouRT . COURT; PROBATE COURT. CREDITS. transfer of, to loan, crossing abolitions, CRIMES BY AND AGAINST. In General. 141 101 62 62 62 62 87 32 accidents, omission to give notice of, annual return, neglect of, baggage, injuring or destroying, checks, not furnishing, boilers, not testing, books, non-submission of, brakes, insufficient, breaking and entering cars, bridge guards, omission or destruction of, burial grounds, lay-out over, crossings, failure to stop at, ' dead bodies, illegal carriage of, disorderly conduct on cars; penalty, drawbridges, violations, obstructions, etc., engines or cars, obstruction of, negligence in management, ' fencing track, neglect of, free passes, issue to state, etc., officers, . forgery of, fire safeguards, omission of, . frogs, switches, not blocking, gaming on cars; penalty, gates, platform, failure to provide, at crossings, failure to provide, '. guard rails, not blocking, heating cars, neglect, information of audits, divulging, lighting by naphtha, milk, not receiving, connecting roads, mufflers, failure to use, private crossings, not closing gates at, return, quarterly, failure to make, road bed, injury to construction materials safety appliances for freight trains, neglect f; ...... loo, 101 shares, illegal issue of, . 6Q 71 signals, injury, etc., of, ' . signboards, failure to erect, . . 9g stations, loitering around, . . 153 stealing from cars; penalty, stock, illegal issue of, . . . -. illegal increase of, _ switches, safety, failure to use, not blocking, .' 95 . 38, 39 160 122 . 121 110, 111 16 100, 101 156 96 73 96 . 131 156 93 155 . 157 84 123 121 108 . 95, 96 156 . 109 . 98, 99 95 . 108 14 109 134-136 111 154 161 154 INDEX TO RAILROAD LAWS. 301 CRIMES BY AND AGAINST Continued. tools, failure to provide, .... 108 tampering with, ..... 155 uniforms, neglect of, . . . . .112 violations of law, prevention, etc., . . 168 weekly payments, non-payment of, . . 114 Animals. barriers against, non-erection of, . . .84 driving, etc., on track, .... 153 illegal transportation of, .... 131 Capital Stock, Bonds, etc. illegal increase, . . . . . . 60, 63 illegal issue 63, 71 Cars. disorderly conduct on, . . . 156, 163 gaming on, . . . . . . 156 not heating, ...... 108 obstruction of, etc., ..... 155 riding upon, without authority, . . . 153 stealing from, ..... 155, 156 Crossings. gates, flagmen, signals, as to, ... 98, 99 private, not building, ..... 91 signboards, as to, . . . . .98 Employees. assaults on; interference with, ... 43 color blindness, non-examination for, . . 112 negligence, etc., of, causing injury, . . 157 uniforms, badges, etc., neglect as to, . . 112 Forgery. of tickets or passes, . . . . .121 stamp of ticket agent, etc., of, . . 121 Gates. at private ways, not closing, . . .154 or flags, for neglect of, .... 98, 99 Grade Crossings. gates or flags, neglect as to, . omitting stops at, ... unreasonable obstruction, etc., Life. endangerment of, loss of, negligent, Merchandise. discrimination between shippers of, illegal transportation, etc., . milk, non-forwarding, etc., . Negligence. at crossings, injury, loss of life, causing, . 98, 99 96 99 . 155 40^2, 157 126, 127 127 134-136 99, 157 40-42, 103, 157 Passengers. arrest of, without warrant, when, . . 35 baggage checks, not furnishing to, . . 121 baggage, penalty for neglect of, injury, etc., 122, 123 CEIMES BY AND AGAINST Concluded, fares, evasion of payment of, ... 42 arrest for refusing, ..... 35 ejection for non-payment, ... 42 excessive cash fare, charging, . . . 118 smoking cars, requiring women, etc., to ride in 124 withholding accommodations from, . . Ill Railroad Police. appointment, .... witness fees not allowed to, . 34, 35, 36 36 Rolling Stock. brakes, etc., insufficient, fire safeguards, omission of, . heating of passenger cars, neglect of, lighting by naphtha, etc., locomotive boiler, not testing, mufflers, neglect to provide or use, platform gates, failure to provide, tools and appliances, failure to provide, Safety Switches. blocking, failure to use; penalty, . Stations. loitering around, omitting signs on, riding on cars, etc., Boston Terminal, Tools on Trains. failure to carry, tampering with, .... Track. driving, etc., horse, etc., on, . permitting beasts upon, . . walking or standing on, Trains. gross mismanagement of, missiles, throwing at, . obstruction by, .... obstruction of, wilful stoppage of, See PENALTIES. . 100 . 108 108, 109 109 . Ill 111 109 108 95 153 95 153 108 155 153 153 153 157 43 99 155 155 CROSSINGS. In General. alteration, special commission, etc., . . 19, 20 See ALTERATION OF CROSSINGS. authorized location and construction, . . 85, 86 bell, ringing at, . . . . . .97 branch, spur or siding of railroad, commis- sioners may suspend, when, . . 213 consent to making, ..... 87 determination of, ..... 76, 77 freight trains not to obstruct, ... 99 inspection of, by inspectors, . . . 36 lay-out of way over, upon, .... 88 negligence at, ..... 98, 157 new, after separation of grades, maintenance of, 29, 30 private railroads, of, regulation, . . . 163 private tracks, commissioners may suspend requirements, when, .... 213 302 INDEX TO RAILROAD LAWS. CROSSINGS Continued. private ways, application for damages, limit, 91 regulation of grade crossings, ... 96 right of way by prescription, none, . . 92 signboards, approval of, .... 98 Boston. jurisdiction of commissioners, . 18, 19 Bridges. height, construction, etc., . . . . 86, 87 overhead, height of, ..... 86, 87 repairs, application, obligation, damages, etc., 27, 90 Canals. alterations in course of, .... 90 damages for, payment of, . . . .90 Flags, Gates, etc. commissioners may order, .... 98, 99 Grade Crossings. See ABOLITION OF GRADE CROSSINGS; Air TBRATION OF CROSSINGS. Land. severance of, appeal, ..... 91 taking, for abolition or alteration of, etc., 19, 24, 25 See LOCATION. Navigable Waters. damages, recovery of, . . . . .86 over, authority for, ..... 86 Obstructions. application for removal, etc., ... 89 county commissioners, original jurisdiction, . 90 equity jurisdiction as to, . . . .90 indemnity against, . . . . . 89, 90 standing wood, removal of, damages, etc., . 99 trains, by; penalty 99, 100 assignee or receiver, by, .... 99 freight trains, relief against, ... 99 Private Crossings. gates, flagman, signals, etc., ... 98 not building; penalty, .... 91 signboards, as to, . . . . .98 Private Land. access to, cutting off, ..... 91 severance, etc., of, appeal, .... 91 county commissioners, etc., ... 91 Railroad. tracks of two roads; separation by agree- ment 85, 86 commissioners to supervise, . . . 85, 86 Repairs. application of authorities for, ... 89 bridges, etc., to, obligation, damages, etc., . 89 county commissioners to order, ... 89 indemnity to city or town, . . . . 89, 90 lay-out of way over, upon, . . . . 89, 90 of new crossing, after separation of grades, . 27, 30 CROSSINGS Concluded. Regulations, Rules, commissioners may make, for particular crossings, 96, 97 Signals. 99 . 98, 99 97 99 99 18 at overhead crossing, enforcement of, electric, commissioners may order, interlocking, expense, etc., . Standing Wood. removal of, .... damages, appeal, Street Railways. crossing by, consent to, regulated, Trains at. changes as to shifting, etc., .... 98 commissioners may recommend, . . 98 obstruction by; penalty, .... 99 assignee or receiver, .... 99 freight trains, relief against, ... 99 Ways. change of course of, . . . . .87 damages, payment of , . . . . .87 equity jurisdiction as to, . . . 87 grade crossing, consent for, .... 88 lay-out of railroad over, not to obstruct, . 86 lay-out across railroad, consent to, . .88 not to obstruct railroad, .... 88 metropolitan parkways, as to, . . . 88, 89 repairs, making of, . . . . .89 over or under, conditions as to, . . . 86 raising or lowering, for, .... 86, 87 security for damages, .... 87 Whistling. at grade crossings, . . ... 97 regulated 98 See COUNTY COMMISSIONERS; ALTERATION OF CROSSINGS. CROSSINGS, ALTERATION OF. TERATION OF CROSSINGS. CROSSINGS, ILLEGAL. attachment to prevent, CULVERTS. county commissioners may order, no appeal from, as to, See LOCATION. CUTTINGS. land, takings for, . . . See AL- D. DAMAGES. In General. agreement of association to secure, assessment and payment, by county commissioners, avoiding by change of location, Boston, special provisions for, application for jury, how made, . bridges, for not repairing, 86 S4 84 74 54 76-84 77-79 80 48 49 89 INDEX TO KAILROAD LAWS. 303 DAMAGES Concluded. canals, upon alterations in, . . . .89 change of location to avoid, .... 80 consequential or immediate, provision for, . 54 contiguous counties, if land in, . . . 81 contingent estates, damages and indemnity of 81 claimants having different interests, . . 81 may be awarded separately, . . . 81 trustee may be appointed by probate court, 82 different interests in land, . ... 81 discontinuance of proceedings forbidden, etc., 84 double damages on neglect to fence, etc., . 84 employees, for injury or death, . . 103 equity jurisdiction as to, to land, ... 80 expressmen, noa-liability for, . . . 157 fencing locations, in addition to, . . .84 guardian or trustee, release by, ... 81 jury, application for; procedure; costs, . 79, 80 limitation of time for, .... 79 land, certificate as to provision for, . . 54 married women, due to, disposition of, . . 82 navigable or tide waters, for crossing, . . 86 non-payment, effect of, .... 79 parkways across railroads, for, . . .88, 89 pending suits, assessment when; limitation, . 83 petition, time for filing, .... 79 plans, payment for, in abolition cases, . . 22 private ways, limit for application, . . 91 quashing, procedure upon, . ... 83 reimbursement for costs, etc., ... 22 remainderman or reversioner, claims by, . 81 revivor on extension of time; limitation, . 83 suits, payment pending, .... 83 temporary loans, for payment of, . . . 32, 33 tenant for life, claims by, .... 81 tenant in possession, may ask for jury, . . 82 County Commissioners, assessment, . ..... 79 limit of time for, ..... 79 security for, and costs, . ... 79 tender to owner on, ..... 79 warrants of distress or execution for, . . 79 Crossings. for abolition of, . . . . . .25 alteration of, for, ..... 19-25 actions to be begun within one year, . . 27 navigable, etc., waters, over, ... 86 payment of damages, ..... 86 railroad grade crossings, for abolition of, . 85, 86 separated by agreement, .... 30 temporary loans for payment, ... 32 Mortgaged Land. assessment; procedure, .... 82 division between parties, .... 82 proceedings when taken, .... 82 Ways. on change of course of, raising or lowering, etc., security for, DEAD BODIES. carriage of, regulation, DEATH BY ACCIDENT. inquest in case of, ... 87 87 131 39 DEBT. penalty for assuming or incurring, except, . 63 DEBT LIMIT. temporary loans outside, abolition crossings, . 32 DEBTS. floating, loans to secure [repealed], . . 60, 62 pre-existing, bonds to secure [repealed], . 60, 62 DECISION. on petitions for approval of capital stock, bonds, etc., ..... 62 issue within thirty days of final hearing, . 62 order may provide for application of pro- ceeds, etc., . writing, in, finding reasons therefor, DECREE. abolition crossings, filing, effect, etc., in any county, .... alteration crossings, to be final, DECREE FOR PAYMENT. expense abolition crossings, . DEFAULT. in performance, mortgages, proceedings, DEFECTIVE MACHINERY. complaints by employees, DEFECTIVE NOTICES. correction of, 62 Q3 24,25 29 20 28 157 DEFECTIVE RETURNS. amendment of, . . . . . 17, 160 DEFINITION. common carriers, . . . . 3 connecting railroads, ..... 137 of terms, . . . . . . .48 public way, ...... 48 railroad, railroads and railways, ... 48 railroad corporation, ..... 48 board of aldermen, . . . . .48 selectmen, ...... 48 DEPARTMENTS. of commonwealth, access to books of, etc., 16, 175 in making valuation of property of common carriers, ...... 16 DESTRUCTION. of bridge-guards, penalty, . 96 DETERMINATION. of value of property, etc., of common carriers, 16 of corporations, duties, etc., . . . 52, 62 DIFFERENT INTERESTS. in land, damages, ..... 81 DIRECTION. of road may be varied, when, ... 75 DIRECTORS. penalty, for violation of certain sections, . 63 See CORPORATE MATTERS. 304 INDEX TO RAILROAD LAWS. DISCONTINUANCE. of damage proceedings, when, of grade crossings, public or private way, of ways, abolition crossings, DISCRETION. of commission. See CONSTRUCTION OF ACT. DISCRIMINATION. enforcement of penalties for, shippers of merchandise, between, forbidden, 127 service under certain contracts not to con- stitute, unless, . . . . in rates. See RATES. DISORDERLY CONDUCT. in trains, etc., passengers, arrest without warrant, 35, 42, 156 35 DISSOLUTION. of corporations, petition, decree, etc., . 151, 152 continuance for winding up, . 152 extinct after, to be, . . . 153 majority in interest may apply for, 151 receiver may be appointed when, may prosecute and defend suits, appoint agents, etc., ... 152 to pay debts and distribute surplus, . 152 surrender of certificate, petition, etc., . 152 return to secretary of commonwealth, . 152 publication of notice may be required, . 152 DISTRESS. warrants of, land damages, . 79 DISTRICT ATTORNEY. to recover penalties for violation of laws as to equipment, etc., . . j02 for failure to use platform gates, . 109 as to transportation of merchandise, . 127 DISTRICT POLICE. to enforce weekly payment law, . 114 to regulate transportation of explosives, ex- cept on railroads, . . 133 DIVIDENDS. stock, forbidden, . liability of directors as to, unclaimed, publication, See CORPORATE MATTERS. 60, 66, 67 67 DIVISION HEADS. commission may appoint, salaries, terms of office, etc. 60 DOCKS. railroad corporations may acquire, hold and operate, . . DOCUMENTS. of common carriers, may be examined, . . 14 may compel production of, etc., 14 witnesses as to, compelled to attend, . 14 of state departments, access to, etc., in valuing property of common carriers, . . 16, 17 DOUBLE DAMAGES. for neglect of fencing, 84 DRAWBARS. standard height of, DRAWBRIDGES. closing, regulations, drawtender, ability, duties, gates across track, erection, . distance to be fixed, penalties for neglect, obstruction, . rules for, . signals at, display of, trains, time allowance to, 102 full stop, brought to, by enginemen, when, vessels, passage through, violations, obstructions, etc., DRAWING CARS. compensation for, connecting roads, 93 93 94 94 94 . 93, 94 94 . 93,94 94 93 94 138 DRINKING WATER. to be on all trains running thirty miles or more, 109 individual drinking cups to be supplied, . 109 no charge for water or drinking cups, 109 penalty for neglect, ... JQQ private cars, sleeping cars, dining cars, parlor cars, etc., excepted, . . . 109,110 DRIVING BEAST. on track, .... DUCTS. of common carriers, may be inspected by commissioners, agents, etc., . 33 DUE CARE. prerequisite, loss of life, . . 40 DUTIES. directors, of, ... 52-56 inspectors, of, of commissioners. See RAILROAD COMMIS- SIONERS. special commissioners, alteration of cross- ings, of, 19> 20 special commissioners, abolition grade cross^ ings, of, 21-25 E. EASEMENTS. in lands adjoining public ways, abolition proceedings, payment, . . 24, 25 in lands adjoining private ways, payment, . 24, 25 EJECTION. from trains, for evasion of fare, . . .35, 42 at regular passenger stations only, . 42 ELECTRIC RAILROADS. jurisdiction of commission, ... 3 certain, not affected by law fixing route, . 78 ELECTRIC SIGNALS. at crossings, commissioners may order, . 98, 99 ELECTRICITY. railroad operation by, . . . . .9, iQO ELECTRIC POWER. instead of steam, commission may order, . 9, 10 INDEX TO RAILROAD LAWS. 305 ELECTRIFICATION. of railroads, commission may order, ELEVATED RAILROAD. petition for charter to general court, ELEVATORS, GRAIN. increase of stock to build, EMBANKMENTS. county commissioner may order, . no appeal from, as to, See LOCATION. land for, taking, etc . 9, 10 50 60 84 84 74 102-108 43 102 112 . 113 100, 101 112 EMPLOYEES. accidents to, assaults on, punishable, assumption of risks by, restricted, badges, uniform, caps; penalty, bond not to be required from, brakernen, number, color-blindness, examination, complaints by, ..- 1* conductor, two years prior employment as brakeman required on standard gauge roads; penalty, . damages for injury or death, defective machinery, complaints of, employers' liability for injuries, . 103, 108 extinguishing of fires by, . . 158, 159 fatal accidents to, . . . 40, 41, 103 free transportation for former railroad em- ployees who had been injured in service, 124 injuries to, 102, 103 interference with, . . . 43 liability of employers to, in case of injury or death 103,104 for defect in ways, works or machinery arising from negligence, from negligence of person in service of em- ployer as superintendent, etc., or in charge or control of signal, switch, locomotive engine, elevated train, etc., right of employee to compensation, . negligence of, no defense, of fellow employee no defense, 106, 108 assumption of risk by employee no defense, 108 cars of corporation or elevated cars to be con- sidered part of ways, works, etc., when, one or more cars to constitute train with or without engine, .... signalman, switchman, engineman, etc., deemed person in charge or control, action if injury followed by death not in- stantaneous, . . or if death is preceded by conscious suffering, ... damages for death in addition to those for injury and for conscious suffering, instantaneous death, etc., right of action for damages, ..... 103, 104 action not to fail, but may be amended prior to final judgment, . 104 notice of action for recovery of damages within sixty days, .... 104 action to be commenced within one year, 104 in case of incapacity or death, executor or administrator may bring action with notice within sixty days of appointment, .... 103 103 103 103 108 103 103 103 103 103 103 104 104 EMPLOYEES Continued, liability of employers to, contractor or sub- contractor, liability to employees of, 104, not liable if employee knew and failed to give notice of defect or negligence, reduction of damages when employer has contributed to insurable fund, etc., . plan of compensation may be submitted by employer, board of conciliation and arbitration may consider, ...... parent or guardian of minor employee may agree to plan, .... method of signing agreement, agreement to plan not to be made con- dition of employment, contract under plan not binding for more than one year from date, . ten per cent of, may submit plan of compensation, proceedings, . 105, contracts for exemption of employer from liability forbidden, superior court, justice of, may cause exam- ination of ways, works or machinery to protect interests of employees, notice to employer, hearing, etc., order, provisions not to apply to injuries to domestic servants or farm laborers, etc., assumption of risk by railroad em- ployees, . . . . 106 or by other employees, employee not deemed to assume risk because of knowledge of defects, etc., or if injured by reason of negligence of other employee of corporation, 106, repeal of previous enactments, effect, etc., 106, jury duty, exemption from, .... locomotive engineer, two years prior employ- ment as fireman required on standard gauge roads; penalty, not construed to apply to engine hostlers, . other exemptions, .... Lord's day, work upon, . . . 112, military duty, exemption from, negligence of, causing injury, 40, 102, 103, 156, railroad police, appointment as, . recommendation of, by public officers, . relief societies for, . rest, one day in seven, . . 112, uniforms, etc., neglect, . wages, weekly payments to, . See RELIEF SOCIETIES. EMPLOYEES OF COMMISSION. acts' subject to control or revision, . . 7 not subject to civil service certification, when, 4 to be assigned to functions or rank deemed advisable, . . . 5, 7 penalty for divulging information from annual audit of books, etc., .... 14 of common carriers, may receive free or re- duced rate service, .... 116 train crews, when insufficient to operate trains changes may be ordered, . . . 101 ENCROACHMENT ON LAND. no title by, 76 ENDANOERMENT. of life, . . 155 105 105 105 105 105 105 105 105 105 106 106 106 106 106 108 107 100 108 107 115 112 112 112 113 115 157 34 113 3.3 113 112 114 306 INDEX TO RAILROAD LAWS. ENFORCEMENT OF LAWS. regulating grade crossing abolitions, . . 29 See EQUITY; RAILROAD COMMISSIONERS. ENGINEER. of grade crossings, employment by corn- mission, ...... 4 appointment by attorney-general, duties, etc., 21 compensation, how determined, ... 4 ENGINEERS. commission may appoint, salaries, . . 5 terms of office, etc., ..... 5 may enter premises of carriers, when, . . 36 ENGINEER'S ESTIMATES. of length of line, cost, etc., in locations, . 72 report, map, etc., ..... 52 variations, ...... 53 ENGINEMEN. control of train by brakes, .... 101 negligence of, penalty, . . . 156, 157 See CRIMES; DRAWBRIDGES; EMPLOYEES; EQUIPMENT AND OPERATION. ENGINES, LOCOMOTIVE. boilers, testing, . . . . . .110 obstruction of, . . . . .155 fire from, liability for, .... 157-159 insurable interest, .... 157, 158 spark arresters for, . . . . .158 See BELLS; WHISTLING. ENTRY. of petition for grade crossing abolitions, no- tice to commissioners, . . . 21 on premises of common carriers by commis- sioners, etc., ..... 36 EQUAL FACILITIES. and terms, for transportation, 126 EQUIPMENT. of common carriers, inquiry into, . . 127, 128 may be inspected by commissioners, agents, etc., 36 of railroads, may be mortgaged for payment of indebtedness, ..... 62 operation of, to secure through route. See THROUGH ROUTE. affecting service. See SERVICE. EQUIPMENT AND OPERATION. In General. bell, ringing at crossings, . . . . 97, 98 Boston, aldermen in, to regulate, ... 48 brakes and brakemen, .... 100 bridge guards, ...... 96 defective machinery, complaints by em- ployees, ...... 13 electricity, operation by, .... 100 examination by commissioners authorized, . 13, 14 frogs, blocking; penalty for neglect, . . 95 grade crossings, whistling, etc., at, . . 97, 98 guard rails, blocking; penalty for neglect, . 95 interlocking signals, proceedings to authorize, 97 Sunday trains and boats, commissioners may authorize, ... . . . 136 whistles, sounding at crossings, . . . 97, 98 EQUIPMENT AND OPERATION Continued. Accidents. investigation by inspectors, .... inquest in case of death, medical examiner, notice to, on street railways, commissioners, notice to, Accommodations . penalty for withholding, . reasonable, for passengers, . 36 39 . 38, 39 . 38, 39 . 38, 39 111 111 Bridges, alteration in, ...... 18, 90 bridge guards, erection; penalty for neglect, . 95, 96 examination of, and report, by experts, . 2, 37 repairs, damages, etc., . . . . 27, 90 ways over or under, construction of, . . 86, 87 Drawbridges. closing, regulations for, . . 93 draw-tender, abilities, duties, ... 93 gates across track, erection of, . .94 commissioners to fix distance, ... 94 passage of vessels through, . ... 93 penalties for neglect, obstruction, etc., . . 94 rules for, . . . . . . . 93, 94 signals, display of, ..... 94 trains, time allowance to, . . . . 93, 94 full stop, brought to, when, ... 94 Employees. assaults, etc., on, punishable, ... 43 assumption of risk by, .... 102 badges and uniform caps; penalty, . .112 bond not to be required from, . . . 113 brakemen, number required, . . 100, 101 color-blindness, examination as to, . . 112 complaints by, ...... 13 damages for injury or death, . . 103-108 defective machinery, complaints of, . . 13 fatal accidents to, .... 40-42, 103 injuries to, 103-108 jury duty, exemption from, .... 115 military duty, exemption from, . . .115 negligence of, causing injury, 40-42, 103-108, 156, 157 railroad police, appointment as, ... 34 wages, weekly payments to, . . .114 relief societies for, ..... 33 uniforms, etc., neglect as to, . . .112 recommendation of, by public officers, . .113 Fire. from engines, liability for, . . . 157-159 insurable interest, .... 157, 158 Freight Trains. equipment with safety appliances, . . 101 automatic couplers, ..... 101 drawbars, standard height of, . . 102 four-wheel cars exempt, .... 102 grab irons or hand holds, .... 102 penalty for violation, .... 102 refusal of cars from other roads, . . 101 risk, non-assumption by employee, . . 102 not to obstruct crossings, .... 99 INDEX TO RAILROAD LAWS. 307 EQUIPMENT AND OPERATION Concluded. < Inspection. accidents, investigation of, . . . duties of inspectors as to, . inquests, inspectors to attend, . . . report to commissioners, .... witnesses, summoning of, as to. . . . Joint Use. of road or station, award of compensation, revision of award by court, .... 95 95 Railroad Police. appointment of, . duties in general. . 34, 35 35 Rolling Stock, etc. additional appliances for safety, . . .116 attachment of, . . . . . .38 forbidden, unless, etc., .... 38 brakes and brakemen for, .... 100 power and train brakes, .... 101 conditional sale of, ..... 37, 38 acknowledgment, record, fee, etc., . . 38 general law not applicable, ... 38 name of owner, etc., to bear, ... 38 payment of price, record, fee. ... 38 couplers, ....... 101 fire, safeguards against, .... 108 grab irons, etc., as to, . . . . . 102 heating of passenger cars, .... 108 inspection of, . . . . . .36 lighting by naphtha, etc., forbidden, . . 109 locomotive boilers, testing of, . . 110, 111 machinery, considered, when, . . . 103 mufflers for vacuum brakes, . . . Ill safety valves, for, . . . . .111 platform gates, . . . . . . 109 safety appliances, extension of time, . . 102 suggestions of additions to, . . . .12 tools to be carried, ..... 108 Stations. abandonment forbidden, when, ... 95 attorney-general, duty as to, . . . 95 commissioners to suggest changes, etc., , . 12 joint occupancy, award of compensation, , 65 revision of award by court, ... 95 name on signs at or near, .... 95 relocation permitted, when, .... 95 Switches. penalty for not blocking, .... 95, 96 safety, to be used; approval of, . . . 95 Trains. cheap morning, to be furnished, . . .123 Sunday, running on, ..... 137 workingmen's, ...... 123 See TRAINS. EQUITABLE JURISDICTION. See SUPREME JUDICIAL COURT; SUPERIOR COURT. EQUITABLE RELIEF. See SUPREME JU- DICIAL COURT; SUPERIOR COURT. EQUITY. See SUPREME JUDICIAL COURT; SUPERIOR COURT. ESTABLISHMENT OF FARES. by directors, . . . . . .116 See FARES. ESTIMATES. to accompany charter petitions, . . . 50 engineers, in location proceedings, . . 72 EVASION OF FARE. penalty, ....... 42 passenger may be ejected for, . . . 35, 42 may be arrested by railroad police, . . 35 EVIDENCE. original, or copy, of incorporation certificate, to be, . . . . . .55 See CORPORATE MATTERS. EVIDENCES OF INDEBTEDNESS. See INDEBTEDNESS, EVIDENCES OF. EXAMINATION. as to color-blindness, . . . . .112 of bridges, by experts, . . . . 2, 37 of books and finances, . . . . 13, 14 of railroads, . . . . . .8-10 notice of, when, ..... 13 EXAMINATIONS. expenditures for, ..... 7 EXAMINERS. may enter upon premises of carriers, when, . 36 EXCHANGE. of bonds, not to affect mortgages, . . 63, 64 EXCURSION TICKETS. See RATES. EXECUTION. for payment of land damages, ... 80 EXECUTOR. may vote as stockholder on stock held, . 58 to sue, loss of life, ..... 40 EXEMPTION. from fencing, ...... revocation of, proceeding, of experts and inspectors from civil service rules, . 84 84 of four-wheeled freight cars, appliances, 100, 102 EXEMPTION FROM TAXATION. TAXATION. See EXIGENCY. certificate of public, ..... 53 not required if located under special char- ters, .... 51 EXISTING RAILROADS. subject to general law, EXPECTORATION. in cars, stations, steamboats, etc., 4!) 154, 155 308 INDEX TO RAILROAD LAWS. EXPENDITURES. to insure existence, . .... 55 for opinions, advice, etc. See PUBLIC SERVICE COMMISSION (expenditures). EXPENSE. of crossing alterations, apportionment, . 19, 20, 29 of grade crossing, abolition by agreement, . 29, 30 amount payable by commonwealth, . . 30, 31 of grade crossing abolitions by special com- mission, 22, 23 limit chargeable to towns, etc., ... 23 EXPENSES OF COMMISSIONERS. provisions as to, . . . . . 5-7 EXPERTS. appointment by commissioners, . . 2, 5 examination of bridge by, . . . . 37 to make appraisals of property, ... 2 transportation of, ..... 5 may be transported, free, . . . .5, 124 may ride upon locomotive car or steam- ship, etc., ..... 36 EXPLOSIVES. transportation of, by railroads, . . . 133 powers of commissioners as to, transferred to district police, ..... 133 EXPRESS BUSINESS. persons or corporations conducting, excepted from law prohibiting transportation of intoxicating liquors, . . . 132 EXPRESS COMPANIES. contracts with, copies for commissioners, . 13 railroads not liable for injuries by, . . 157 supervision of, by commissioners, . . 3, 10, 11 bond to treasurer and receiver general, . . 11 compliance with statutes, binding on, when, . 10 continuance in office, revocation, . . . 10, 11 discrimination between shippers forbidden, . 10 injunction lies against, .... 10 penalty for, between shippers, ... 10 foreign countries, general agent of, . . 10 information as to conduct of business, to be furnished, . . . . .16 orders, fraudulent removal from order-box, penalty, . . . . . .11 power of attorney, creating, copies, etc., . 10, 11 process to be served on, .... 10 rates and accommodations, commissioners may investigate, .... 16 recommendations as to changes, . . 16 returns, annual, by, to commissioners, . . 16 to include copies of contracts with other companies, etc., .... 16 amendment of returns, neglect, penalty, . 16 weekly payment of wages, by, . . .114 Taxation. annual returns to tax commissioner, . . 148 to be sworn to by treasurer or other finan- cial officer, etc., .... 148 outstanding capital to be stated, . . 148 classes of stock, par value, number of shares, market value, etc., . . . 148 bonds, amount, par and market value, etc., 148 EXPRESS COMPANIES Concluded. annual returns to tax commissioner, real estate, machinery, merchandise, etc., to be reported, ..... local taxes paid thereon to be reported, . gross earnings within and without com- monwealth to be reported, securities not liable to taxes to be re- ported 148, return to be filed with tax commissioner, not open to public inspection, failure to make return, notice, penalty, recovery of penalties or forfeitures, in- formation in equity, .... tax commissioner to estimate value of capital, ...... to levy excise tax on person, company, partnership or association, . determination of fair cash value, etc., . local value may be taken as true value, when, ...... appeal from local valuation, may re- quire, 149, may be heard upon appeal, shall give notice of amount of tax, application for correction cf tax, board of appeal may hear, assessors to make return as to real estate, etc., locally taxed, penalty, submission of books to, examination on oath concerning, EXPRESSMEN. approval of, by commissioners, local, discrimination between, forbidden, contracts with, .... equitable jurisdiction to enforce, indemnity required, non-liability for damages by acts of, EXPRESS MESSENGERS. season tickets for, .... 148 148 148 149 149 149 149 149 149 149 149 149 150 150 150 150 150 150 126 126 126 126 126 157 123 EXPRESS SERVICE. jurisdiction of commission over, . . EXPRESS TRUST. See VOLUNTARY ASSOCIATIONS. EXTENSION OF TIME. for location, to revive claims, EXTENSIONS. . certificate for, capital, etc., . See LOCATION. EXTRA CASH FARES. on trains, ...... coupons for repayment, penalty for charging excessive, . 83 118, 119 118, 119 118, 119 F. FACILITIES. affecting rates. See RATES. equal, to all persons and companies, . . 126 FACTORIES. of common carriers, etc., may be examined, etc., 36 INDEX TO RAILROAD LAWS. 309 FARES. directors to establish, . evasion of, arrest, changes, suggestion of, charges for. See RATES. commutation tickets, issue of, consolidation, no increase after, ejection for non-payment, evasion of, penalty, extra cash fares on trains, coupons for repayment, penalty for excessive, legislature may revise, limited tickets, terms, etc., . reduction on certain trains, . 116 42 12 . 119 44 42 42 118, 119 118, 119 118, 119 . 116 . 123 123 FATAL INJURIES, to employees, to passengers, inquest, etc., . 103 . 39, 40 FEES. and expenses of grade crossing commission- ers, paid by railroads in first instance, 22 thereafter apportioned to respective parties, 22 FENCES, FENCING. See LOCATION. FERRIES. railroad corporations may acquire, hold and operate, . . . , 66 FERRY BOATS. railroad corporations may acquire, hold and operate, ...... 66 FIDUCIARY STOCKHOLDERS. may vote upon stock held, .... 58 FILING. of schedules of rates, etc., . . . . 117 to conform to requirements of interstate commerce commission, . . .117 FILING LAND TAKINGS. in grade crossing abolitions, ... 24 See LOCATION. FILING LOCATIONS. certification, etc. , . . . . . 72, 7*7 with commissioners, ..... 77, 78 with county commissioners, ... 74 purchased land, of, . . . . .74 of branches, ...... 92 See LOCATION. FILING REPORTS. by auditors, grade crossing abolitions, . . 28 See ABOLITION OF GRADE CROSSINGS, RETURNS. FINANCES. examination of, 14 FIRE. from locomotive engines, damages, liability, 157 insurable interest, ..... 157 safeguards, commissioners may order; omis- sion of, penalty, . . . 108, 109 FIRE Concluded. spark arresters for locomotives, commissioners to approve, . . . . . 158 railroad location to be cleared of dry leaves, etc., .' 158 cross ties and other material may be kept, on right of way, . . . 158 adjoining land may be cleared by rail- road corporation, notice, etc., . . 158 fire signal to be sounded from engine, 158, 159 authority of commissioners over whist- ling not affected, .... 159 sectionmen and other employees may extinguish fires, unless, . . .159 information and facilities to be fur- nished by corporations, . . . 159 no authority to enter upon, etc., pub- lic parks or reservations, . . 159 liability of corporation to cities and towns for fires set by engines, etc., recovery, ...... 159 locations, adjoining land, etc., to be cleared, : 158, 159 FIRE EXTINGUISHERS. commissioners may order; omission, . . 108 FIRE SIGNAL. from locomotives, when, etc., . . 158, 159 law as to whistling, etc., not affected, . . 159 FIREMAN. negligence of, ...... 156 free or reduced rate, while in uniform, . . 124 FIRST MEETING. of corporations, calling, by directors, . . 55, 56 See CORPORATE MATTERS. FISCAL YEAR. of commonwealth, to begin December 1, financial statements, etc., to conform to, FIXING ROUTE. See CORPORATE MATTERS. 7,8 7,8 FLAGS. at crossings, neglect of, . 98,99 99 FLOATING DEBT. loans to secure, ...... funding of, etc. See CAPITAL STOCK; BONDS; NOTES; INDEBTEDNESS, EVIDENCES OF. FORECLOSURE. of mortgages, duties, etc., of buyer, rights of purchaser under, FOREIGN COUNTRIES. authorization to build in, etc., purchase of roads, steamships, etc., sale of tickets to, bond, etc., securities for use in, provisions as to, See CORPORATE MATTERS. 62 65 65 FOREIGN RAILROADS. agreement of association, by concurrent legislation, rights, etc., directors, . 164 165, 166 120 . 62, 63 164 49 164 310 INDEX TO RAILROAD LAWS. FOREIGN RAILROADS Concluded. capital, . . . . . . , . 165 increase or reduction of, . . . . 165 certificate of incorporation, .... 165 directors, clerk, powers, etc., . . . 165 duties of commissioners, .... 165 may acquire other railroad and steamship lines, ...... 166 securities for, provisions as to, . . . 62, 63 subject to what provisions, .... 164 taxation of, returns, etc., .... 166 FORFEITURE OF CHARTER. for. unauthorized increase of capital, 00 FORGERY. of tickets or passes, ..... 121 of stamp of ticket agent, etc., . . . 121 FORM. of accounts, prescribed, .... 17 of annual returns, prescribed, . . 17, 159 of contracts, etc., affecting rates. See RATES. of season tickets, subject to approval, . . 116 FORMS OF ACCOUNTS. of common carriers, classification, etc., . . 17 accounts to be kept in accordance with, . 17 to conform to interstate commerce forms, . 17, 18 FORWARDING. merchandise, promptly, milk, etc., . 127 134-136 FRANCHISE. of railroads may be mortgaged for indebted- ness, .... FREE PASSES. See PASSES. FREE TRANSPORTATION. of passengers or property, prohibited, exceptions, ...... for charitable purposes, to be approved by commissioners, .... for former employees who have been injured FREIGHT. through route for, may be ordered, etc., FREIGHT TRAINS. equipment with safety appliances, automatic couplers, . drawbars, standard height of, . four-wheel cars exempt, grab irons or hand holds, . penalty for violation, making up of, changes in, not to obstruct crossings, relief against, . refusal of cars from other roads, . risk, non-assumption by employees, shifting, changes in manner of, FREIGHT TRANSPORTATION. charges for, . discrimination forbidden, . See MERCHANDISE. 02 124 124 124 124 138 . 101 101 102 100, 102 102 102 99 100 101 103 127 127 FROGS. commissioners to approve blocking, . . 95 blocking, penalty for neglect, . . . 95, 96 FUNDING. indebtedness. See BONDS; CAPITAL STOCK; INDEBTEDNESS, EVIDENCES or; NOTES. G. GAMING. on cars; penalty, GATES. at drawbridges, .... at private ways, not closing, or flags at crossings, application for, or electric signals at, commissioners may order, neglect of, ... proceedings to enforce, GATES, PLATFORM. failure to provide, . . GAUGE. agreement to state, conditions as to, ... change of, . . ... commissioners' duties as to, . certificate of clerk, . narrow, capital stock in, change to standard, proceedings, 156 94 154 98, 99 99 99 99 99 109 52 52 52, 55 55 55 52 55 GENERAL COURT. action by boards, etc., under delegated author- ity from, . . . . . . 116 not to prevent action by commission, when, 116 officers and employees of, free transporta- tion ....... 124 annual appropriations by, for commission, . 6 may revise rates, . . . . .116 petitions for incorporation to, . .50 may authorize stock increase, ... 60 See LEGISLATURE. GENERAL LAW. organization under, . . . . .51 GOVERNMENT. of corporations, by directors, ... 56 GRAB IRONS. or hand holds, freight trains, approval, etc., . 102 GRADE. change of, consent of commissioners, . . 24 special commission to specify, in abolition crossings, ..... 24 GRADE CROSSINGS. In General. abolition and alteration, distinction, . . 32 another railroad, of, . . . . .86 regulations as to, by commissioners, . . 96, 97 bell and whistle sounded at, ... 97, 98 regulations as to, by commissioners, . . 98 collisions at, liability for, .... 157 conditions and restrictions by commissioners, consent for, ...... 18 87 IM3EX TO RAILROAD LAWS. 311 GRADE CROSSINGS Concluded, increase of stock to abolish, interlocking signals, adoption of system, expense, award of, etc., obstruction of, unreasonable, private crossings, appeal, hearing in county where taken unless, separation of two railroads, . stops at railroad; penalty for not stopping, street railways, with, authorization, trains, shifting at, .... whistles or bells to be sounded at, regulations as to, by commissioners, . Construction, over ways, ..... conditional on not obstructing way, . county commissioners to fix manner, . consent of commissioners, safeguards for rails, .... ways over railroads, .... Gates or Flags. application for, ..... commissioners may order, . electric signals at, .... equity proceedings to enforce, penalty for non-compliance, Railroad Grade Crossings. consent to, ..... regulations for, .... separation of, duties as to, Signboards. erection, inscription, etc., application for, .... equity proceedings to enforce, . penalty for non-compliance, Street Railways. consent to, ..... abolition crossings, to contribute, when, reimbursement, when, how expended, location changed, 60 97 97 100 91 92 85 96 18 . 97, . 97, 98, 99 98,99 98, 99 99 99 86, 87 86, 87 9S 99 (19 18 22-24 25 24 Ways. change of course of, damages for, ... 87 equitable jurisdiction as to, . . . . 87 lay-out across railroad, .... 88 private crossings, appeal, . . . .91,92 repairs, making, ...... 90 GRADE CROSSINGS, ABOLITION OF. See ABOLITION OF GRADE CROSSINGS. GRAIN ELEVATOR. stock holding in, ... GRAVEL. taking land for, etc. 74 GUARANTY. of bonds, connecting roads, . GUARD RAILS. blocking of, penalty for neglect, 95,96 GUARDIAN. damages, release by, . . . . .81 may vote as stockholder on stock held, . 58 assessment of tax on stock held by, . 143, 144 GUARDS. bridge, erection; penalty for neglect, . . 96 H. HAND HOLDS. or grab irons, freight trains, . . . 102 HARBOR AND LAND COMMISSIONERS. to consent to construction over navigable waters, ...... 8ft HEARINGS. by special commissioners, crossing abolitions, 22, 23 quorum to hear and decide contested matters, 9 within and without commonwealth, . 127, 128 as to rates. See RATES. as to service. See SERVICE. before one commissioner, law repealed as to contested cases, .... 9 in contested cases, quorum of commission necessary, ..... 9 on complaint as to through route, etc., . . 138 on petitions to interstate commerce com- mission, ..... 127, 128 on proposed issues of bonds, capital stock, etc. See BONDS; CAPITAL STOCK; INDEBTEDNESS, EVIDENCES OF; NOTES. See SUPREME JUDICIAL COURT. HEATING. cars, passenger, regulation; penalty, HEIGHT. of bridges, . overhead, HIGHWAYS. crossing by private railways, number to be crossed to be shown on map of route, ...... over railroads, ...... railroads are not to obstruct, raising and lowering, county commissioners to direct, ...... taken by railroads, consent of town pre- requisite, ...... See CROSSINGS; COUNTY COMMISSIONERS; WAYS. 108 86 8ft 163 86 K7 75- I. ILLEGAL. stock issues, penalty for, stock increase, penalty for, IMPROPER SERVICE. See SERVICE. IMPROVEMENTS. commissioners may suggest, in mode of operation, as to, rolling stock and stations, as to, . INADEQUATE SERVICE. See SERVICE. . 60, 71 60, 66, 67 12 12 12 312 INDEX TO RAILROAD LAWS. INCORPORATION. petition for, to general court, ... 50 certificate as to, . . . . 54, 55 to be evidence, etc., .... 55 of relief societies, ..... 33, 34 See CHASTER; CORPORATE MATTERS. INCREASE. of bonds and notes, ..... 60 of capital stock, bonds, etc., . 55, 60, 62, 71 illegal increase, .... 60, 63 illegal issue, 63, 67, 71 authorized certificate of, . . . . 55, 58 to build elevators, ..... 60 approval by commissioners, . . .62, 63 for branches, ...... 60 See CORPORATE MATTERS. INDEBTEDNESS. See BONDS; CAPITAL STOCK; NOTES; INDEBTEDNESS, EVI- DENCES OF. INDEBTEDNESS, EVIDENCES OF. Public Service Commission Law of 1913. railroad corporations may issue, when, . . 62 for funding floating debt, .... 62 for any other lawful purpose, ... 62 may mortgage or pledge railroad, equip- ment and franchise, .... 62 real and personal property, etc., . . 62 mortgage to secure all bonds, etc., pre- viously issued and outstanding, . . 62 amount of, etc., ...... 62 not to exceed twice the capital stock, . 62 how determined, ..... 62 certain bonds deposited not taken into account, 62 not to be issued unless by vote of stockholders, 62 not unless countersigned by appointed person, 62 or certified by trust company, ... 62 commission to approve proposed issue, . . 62 application to, ..... 62 decision within thirty days of final hearing, . 62 to be in writing and assign reasons, . . 62 order may provide for application of, particular uses, ...... 62 other states or foreign countries, for use in, . 62 approval not required, when, ... 62 property, improvements, etc., to be re- ported, . . . . . . 62, 63 of other corporations, etc., issue for, . . 63 proceeds to be applied as specified in order, . 62, 63 property, improvements, etc., to be reported, . 62, 63 prohibition of issues of, for stock, etc., of other corporations, except, . . . . 62, 63 other corporations, issue for, purchase of, pro- hibited, except, .... 63 approval of, when, ..... 63 supreme judicial court or superior court, juris- diction in equity to enforce, . . 63 commission, attorney-general, any stock- holder may apply to, ... 63 interested party may apply to, . . 63 penalty for violation of certain sections, . 63 for unlawful vote or application of proceeds, 63 for unlawful assumption of debt or liability, 63 repeal of acts and parts of acts inconsistent, etc., 63 INDEMNITY. against obstructions, crossings, to city or town, . INFORMATION. to be furnished commissioners, 89, 90 89, 90 13 INJUNCTION. against discrimination, transportation, . . 126 proceedings to prevent violations of law or orders of commission, . . 167, 168 to prevent threatened violations, etc., . 167, 168 INJURIES, LIABILITY FOR. authorization of recovery for negligence, . 40-42 collisions at crossings, for, .... 157 crossings, for negligence at, . . . .157 employees, to, . . . . . 103-108 express companies, railroads not liable for, . 157 fire from engines, for loss from, . . 157, 158 insurable interest in adjoining property, . 158 littoral on tide water, to, . . . .86 merchandise, for not transporting, etc., . 127 negligence, for, ...... 40-42 private crossings, from not closing gates, . 154 railroad police, caused by, . . . . 35, 36 recovery over by town against, . . . 156 tracks longitudinally in ways, from, . . 53 towns, to, when, .... 156 INJURY. causing loss of life, to signals, . . . to baggage, .... to construction materials, INQUESTS. in case of death by accident, inspector to attend, report upon death by accident, bill approved by commissioners, 40-42 42 122 154 39 36 39 . 39, 40 to be forwarded to commissioners within thirty days, ..... 40 INSANE HOSPITALS, STATE. location over land of, forbidden, ... 73 INSPECTION. duties of inspectors as to, . . . . 36 accidents, investigation of, ... 36 inquests, to attend, . .... 36 report to commissioners, .... 36 witnesses, summoning of, . . . .36 of crossings, ...... 36 of equipment and machinery, ... 36 of property, equipment, buildings, factories, offices, ...... 36 of plants, power-houses, ducts, conduits, . 36 service, transportation, etc., in connection therewith, ..... 36 locomotive, car, etc., for use of commission, 36 of roadbed, 36 of rolling stock, ...... 36 of stations and grounds, .... 36 of tracks, 36 recommendations upon, .... 36 INSPECTION CAR. use of, for inspection of lines, etc., , . 36 INDEX TO RAILEOAD LAWS. 313 INSPECTION LOCOMOTIVE. use of, for inspection of lines, etc., . . 36 INSPECTORS. direction of examinations by, ... 36 railroad and railway, appointment, . . 2-5 report to commissioners, .... 36 to inspect crossings, ..... 36 to investigate accidents, .... 36 exemption from civil service rules, unless, . 4 free transportation, when, .... 124 commission may appoint, salaries, . . 5 terms of office, etc., ..... 5 may enter upon premises of common carriers, when, 36 may ride upon locomotive, car or steamship for physical inspection, .... 36 INSTITUTIONS, STATE. locations on land of, forbidden, except, . . 73 INSURABLE INTEREST. as to fires from engines, .... 158 INTERCHANGE TRACKS. to secure through routes. See THROUGH ROUTE. INTERESTED PARTY. application as to bond issue, to court, . . 71 may apply to supreme judicial court, etc., for enforcement of provisions, . . 63 INTERESTS IN LAND. different, ....... 81 INTERFERENCE. with employees, ...... 43 INTERLOCKING SIGNALS. proceedings to authorize, .... 97 expense, award of, etc., .... 97 INTERSTATE COMMERCE COMMISSION. commission may petition, . . . 127, 128 may present evidence and argument to, 127, 128 forms of accounts of, to be followed, . . 17, 18 schedules of rates to conform to forms pre- scribed by, . . . . . 17, 18 form of returns required by, ... 17 returns may conform to, . . . .17 one month's notice of change, ... 17 INTERSTATE COMMERCE LAW. violation of, commission may prosecute, when 127, 128 free or reduced rate given classes defined in, . 124 INTOXICATING LIQUORS. transportation of, prohibited, . . . 132 exceptions, railroad, certain street railway corporations, ..... 132 persons or corporations lawfully con- ducting a general express business, . 132 steamboats regularly operating to Martha's Vineyard or Nan tucket, . 132 marking of packages, delivery, etc., . . 132 record of receipt, etc., to be kept, . . . 133 INVESTIGATIONS. begun by Massachusetts Highway Commis- sion may be continued by, . . 3 pending proceedings brought by or against, not affected, ... 3 may be prosecuted or defended by, if, . 3 rights or penalties not waived, ... 3 recovery or indictment not affected, . 3 inquiry into regulations, practices, equip- ment, service, etc., . . . . 9, 10 action if unjust, unreasonable, unsafe, improper or inadequate, . . . 9, 10 of valuation of property of common carriers, 16 of rates. See RATES. ISSUE OF STOCK. See CORPORATE MAT- TERS (Capital Stock, Directors). J. JOINT RATES. charges for. See RATES. JOINT USE. of connecting roads authorized, of stations, ...... award of compensation, .... revision by court, ..... of tracks by street railway companies, con- sent, when, ..... commissioners to approve or preserve regu- lations, ...... connection of tracks as agreed upon and approved, . JURIES. application for, in Boston cases, . JURISDICTION. of commission, ...... in Boston crossing alterations, . of county commissioners, obstructions, etc., . crossing alterations, .... over land takings in contiguous counties, of damages, equity, ..... of police officers on trains, etc., to enforce grade crossing abolition, See CONSTRUCTION OF ACT. JURISDICTION IN EQUITY. See SUPREME JUDICIAL COURT; SUPERIOR COURT. JURY. in damage suits, application for, etc., in Boston, ..... limitation of time for, .... JURY DUTY. exemption of railroad employees from, . JUSTICE OF THE PEACE. may issue warrant for corporation meetings, when, ...... 137 95 95 95 187 187 187 49 2 19 90 18, 19 81 81 34 29 79,81 48,49 79 115 L. LABOR AND MATERIALS. action for, .... contractor not to sue for, 148 148 314 INDEX TO RAILROAD LAWS. LABOR AND MATERIALS Concluded. limitation of action for, .... 149 notice as to materials, filing, . . 148, 149 sworn statement as to labor, filing of, . . 148 LAND. adjoining locations to be cleared of leaves, etc., 158, 159 encroachment on, no title by, ... 76 mortgaged, damages, .... 82 in contiguous counties, damages, ... 81 LAND DAMAGES. application for, ...... 79,83 certificate as to provision for, ... 54 new application if proceedings are quashed, . 83 discontinuance regulated, ... 84 for mortgaged land, ..... 82 to be secured, when, ... 54 in contiguous counties, .... 81 See LOCATION, ETC. LAND OWNER. consent to crossing of private railways, . 163 erection of fences on request of, . .80 LAND TAKING. and damages, ...... 74-85 conditions precedent, as to, . . . 72, 76, 77 crossing alterations, for, .... 19 grade crossing abolition, for, . . . 24, 25 outside of route, limits, etc., ... 75 See LOCATION. LAW. violation of, or order, proceeding in supreme judicial court, ..... 168 LAY-OUT. of railroad land taking for, .... 74 of ways over railroad, ..... 88 metropolitan parkways, etc., ... 88 repairs, making, ...... 90 See LOCATION. LEASES, CONSOLIDATIONS, ETC. approval by commissioners, ... 43 certificate of, filed with secretary of state, . 43 between connecting roads, . . . 45, 139 copies with commissioners, . . . 13, 46, 140 directors may make, . . . . 46, 139 restricted to ninety-nine years, . . . 140 regulated, 45, 46, 139 not to be avoided in building branches, . 92 stockholders to approve, .... 139 LEGISLATION. concurrent, railroads chartered by, . . 49 recommendations for, ..... 6 LEGISLATIVE COMMITTEES. may inspect books and accounts,. . . 159 LEGISLATURE. See GENERAL COURT. LESSEE. returns by, ...... 161 LESSOR. operating railroad, subject to general law, . 49 returns by, . . . . . 161 LETTER CARRIERS. free or reduced rate while in uniform, . . 124 LIABILITY. corporate, not relieved by commissioners' ad- vice, ...... 13 of employers. See EMPLOYEES. for collisions at grade crossings, . . . 157 for injuries. See INJURIES. of directors, stock dividends, ... 67 penalty for assuming or incurring, except, . 63 primary, for payments, abolition damages, . 25 LIBRARY, STATE. plans with special charters to be deposited in, 51 LIEN. for cost of fences, etc., .... 85 on registered land, how recovered, . . 85 LIFE. endangerment of, . . . . .155 loss of, negligent, .... 40-42, 157 See Loss OF LIFE. LIGHTING. of cars by naphtha, etc., forbidden, . . 109 LIMIT. of annual payment by commonwealth, aboli- tion grade crossings, .... 30 LIMITATIONS. affecting rates. See RATES. LIMIT OF EXPENSE. grade crossing abolitions, to towns, . . 23 LIMIT OF TIME. for completion of branches, .... 92, 93 for construction of road, . ... 55 for damage assessments, . ... 77 for issue of certificate of incorporation, . . 55 private ways, damage applications, . . 91 LIMITATION. of actions, loss of life, ..... 40 to proxy voting, ...... 57 LIMITED TICKETS. terms, etc., ...... 121 LIMITS OF LOCATIONS. land taken outside, ..... 75 See LOCATIONS; TAXATION. LIQUOR. transportation into no-license towns, . . 132 LISTS. of stockholders, access to, . . .16 LITTORAL OWNER. on tide water, liability to, . . . .86 LOANS. by towns for payment, damages, abolition crossings, . 32, 33 repayment of loan, . . . . . 32, 33 INDEX TO RAILROAD LAWS. 315 LOCAL AUTHORITIES. agreement as to route, .... 53, 78 to apply for crossing alterations, ... 18 See ALDEBMEN; SELECTMEN. LOCATION. of crossings, ...... 29, 85 to be cleared of leaves, etc., . . . 158 under charters, . . . . . .51 for switch connections for through route. See THROUGH ROUTE. LOCATION AND CONSTRUCTION. Conditions Precedent. capital stock, subscription, payment, etc., . 72 certificate of commissioners, etc., filing; fee, . 72 county commissioners to authorize lay-out, . 75 engineer's estimates of cost, submission to commissioners, . .... 72 fixing the route, ...... 51-53 organization of corporation, etc., . . . 51, 52 prior conditions as to branches or extensions, 72, 92 taking land, prerequisites for, . . . 76-79 ways, construction over grade crossings, . 87 See CORPORATE MATTERS. Changes of Location. by county commissioners, to avoid serious damages, ...... 80, 81 compensation of county commissioners, . 80, 81 to improve alignment, .... 75 variation in route, consent to, . . .75 Construction of Road. when to begin and be completed, ... 55 gauge, conditions as to, . . . . 52, 55 limit of time for construction, ... 55 county commissioners may order embank- ments, etc., ..... 84 remedy and damages for non-compliance, . 84 longitudinally in ways, .... 53 Embankments, Culverts, etc. construction of, . . . . . .84 double damages in tort for neglect of, . . 84 specific performance of order, ... 84 county commissioners may order, . . 84 Fencing. construction on county commissioners' order, 84 order as to final, . ... . .84 upon request on taking land, ... 80 action of tort upon delay, .... 84 additional to damages to land owner, . . 84 cattle barriers, erection of, . . . .84 cost, lien for, and recovery of, . . . 85 double damages for neglect, ... 84 entire length, to be built along, ... 84 equity process to restrain or compel, . . 84, 85 exemption, by commissioners, ... 84 revocation of exemption; proceedings, . 84 land owner, erection on request of, . . 80 penalty for not building, .... 84 registered land, sale for costs of, . . . 85 specific performance of order, ... 84 LOCATION AND CONSTRUCTION Continued. Locating the Road. common or park, location on, forbidden, etc., 73 burial grounds, through, forbidder, . . 73 Massachusetts state sanatorium, not on land of 74 outside limits, allowance of location, . . 75 materials, new tracks or stations, for, . 75 taxation, not exempt from, ... 76 public parks, consent to location on, . . 73 state house land, over, forbidden, . . 73 state insane, etc., hospitals, not on land of, 73 state institutions, on land of, forbidden, except, 73 within three miles of state house, except, . 72 width of location limited to five rods, . . 74 additional for gravel, tracks, station pur- poses, etc., ..... 74 powers of county commissioners vested in commissioners, .... 74 under special charter, . . . . . ' 73 Filing the Location. where and when; contents, .... 74, 75 equity to restrain, etc., use, etc., unless, . 74 purchased land, filing of location, . . 76 records of location, form, certification, etc., . 76 commissioners to prescribe rules for, . . 76 c'erk to certify as to compliance with, . 76 Opening of Road. certificate of compliance to precede opera- tion, ...... 93 maps, profile, etc., filing of, ... 93 Taking Land. and damages therefor, .... 77 location to be filed with commissioners, . 77 form, plans and particulars required by rules, 77 to operate as a taking of lands, buildings, rights, etc., ..... 77 copy to be filed with local authorities within ten days, .... 77 to be certified by clerk of commissioners, 77 hearing upon, ..... 77 agreement fixing route, certificate, etc., . 78 report to commissioners within sixty days, 78 petition to commissioners upon failure to agree, ...... 78 route to be fixed within ninety days, certifi- cate, 78 location fixed in accordance with original location as varied in certificate, . . 78 copy filed in each county within sixty days 78 not to apply to electric railroad companies, etc 78 variation of route, filing with commissioners and in counties, .... 78 failure of local authorities to agree, peti- tion to commissioners, ... 78 powers of county commissioners vested with commissioners, .... 78 original location abandoned, when, rights of interested parties, .... 78, 79 lands, buildings, rights, etc.j not originally included deemed to have been taken, 79 damages, assessment, application, etc., . 79 316 INDEX TO RAILROAD LAWS. LOCATION AND CONSTRUCTION Concluded. change of location after, .... 80 crossings of ways first fixed, ... 77 abolition of, for, ..... 25 alterations, for, . . . . .18 navigable, etc., waters, over, ... 86 equity to enjoin use, when, .... 77 fencing on request, ...'.. 80 other railroads, lands or rights of, may be purchased or taken, . . . . 75, 76 for crossing railroads or street railways, commissioners to adjudge necessity, . 76 plan or description for owner, remedy, . . 80 prerequisites for, ..... 76, 77 purchased land, filing of location, . / . 74, 75 married woman, land of, taken, . . . 82, 83 Branches or Extensions. additional capital for, ..... 92 construction and completion, limit of time for, 92, 93 filing of certificate and fee, .... 92 leases or contracts not to be avoided, . . 92 longitudinally in ways, .... 53 opening for public use, .... 93 prior conditions, ..... 72, 93 subscription for shares in, . . .66 LOCOMOTIVE BOILERS. testing; penalty, safety valves for, mufflers, etc., 110, 111 . Ill 111 LOCOMOTIVE ENGINEER. two years prior employment as fireman re- quired on standard gauge roads; penalty, . . . . . .112 not construed to apply to engine hostlers, . 112 other exceptions, . . . . .112 LOCOMOTIVES. sparks from, fires, etc., . . . 157-159 spark arresters, board to approve, . . 158 See ROLLING STOCK. commission may have use of, for inspection of lines, etc., ..... 36 LOITERING. around stations, ...... 153 of Boston Terminal Company, . . . 153 LONGITUDINALLY. in ways, tracks, .... .53 LOSS OF LIFE. collisions at crossing, in, .... 157 due care, prerequisite, .... 40 employees, recovery by, when, . . . 41 executor, etc., to sue for, .... 40 limitation of actions, etc., . . . .41 negligence, causing; penalty, . 40-42,103-108, 156, 157 persons beneficially entitled, ... 40 recovery for, ...... 4042 with conscious suffering, . . . .41 Sunday law no defence to, .... 137 LOST CERTIFICATES. new certificates to replace, when, ... 59 bond to idemnify corporation, ... 59 LOWERING WAYS. provisions as to, 87 M. MACHINERY. defective, complaints by employees, . . 13 MAILS. transportation of, required, .... 125 compensation, and revision of, . . . 125 commissioners for fixing, . . . 125 MAINTENANCE. and repair of abolished crossings, . . . 19, 27 MANDAMUS. proceedings to prevent violations of law or orders of commission, . . . 168 to prevent threatened violations, etc., . 168 MAPS. to accompany charter petitions, . . 50, of route, ...... submission to local boards, filed with secretary of commonwealth, . profile, on vertical scale of ten to one, . MARRIED WOMAN. land of, taken for location, damages, disposition of, . 82, 83 . 82, 83 MASSACHUSETTS HIGHWAY COMMIS- SION. duties, certain, transferred, .... 3 highways involved in abolition of grade crossings to be constructed with clear view for at least one hundred and fifty feet 24 unless abolition plan is approved by, . . 24 See Index to Telephone and Telegraph Laws. MASSACHUSETTS STATE SANATORIUM. no locations on land of, .... 74 MATERIALS. action for, ....... 148 construction, injury to, .... 154 contractor not to sue for, .... 148 limitation of action for, .... 149 notice as to, filing, . . . . 148 MAXIMUM. expense to towns, crossing abolition, . . 23 MAYOR. veto power not affected by definition, . . 48 MEDICAL EXAMINER. notice to, in case of accidental death, . . 38, 39 inquest, ....... 39 MEETINGS. of corporations, calling by directors, . . 55 to be held in commonwealth, ... 57 under warrant of justice, when, . . 57 calling by bondholders or trustees, . . 64, 65 See CORPORATE MATTERS. of special commissioners, grade crossing abolitions, ..... 22 INDEX TO RAILROAD LAWS. 317 MEMORANDA. of common carriers, may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, . . 14 forms of, may be prescribed, . . . 17, 18 to conform to interstate commerce forms, 17, 18 MERCHANDISE. discrimination as to, . . . . 126, 127 between shippers forbidden, . . 126, 127 injunction lies against, .... 126 local expressmen, between, forbidden, . 126 penalty for, ...... 127 railroad stations, forbidden between, . . 127 equal terms for transportation, . . . 126 enforcement of transportation, . . . 127 explosives, transportation of, . . 133, 134 expressmen, local, equal facilities to, . . 126 contracts with, ..... 126 equitable jurisdiction to enforce, . . 126 indemnity required, . . . .126 forwarding promptly according to directions, 127 illegal transportation of, .... 127 milk, non-forwarding, etc., .... 134 penalties, and recovery of, ... 134 perishable articles, sale of, when, . . . 130 petroleum in yard, penalty for, . . . 134 rates, establishment by corporation, . .116 legislature may revise, . . . .116 express, . . . . . . . 10, 11 steamship, ...... 10 See RATES. receipts to shippers, to give, . . .125 unclaimed freight, sale of, . . . 131 MERGER BILL (so called). acquisition of stock of domestic railroads re- strained, ...... 43 voting on shares, etc., ..... 44 commissioners to determine public interest, . 44 fares or rates, no increase of, ... 44 switch connections, ..... 44, 45 failure to install, ..... 45 contracts, commissioners to approve, . . 45 leases, commissioners to approve, ... 45 penalty, ....... 46 jurisdiction in equity, to enforce, ... 46 previous acts not ratified, .... 46 METHOD OF CONSTRUCTION. grade crossing abolitions, .... 23 METROPOLITAN PARK COMMISSION. may lay out parkways over railroads, . . 88 agreements as to, . . . . .88 commissioners may decree as to crossings, etc ......... 88 expense, damages, etc., . . . . 88, 89 not at level with tracks, .. MILE. amount of stock per, ... MILEAGE TICKETS. See RATES. MILEAGE BOOK. forgery of, . . . . . MILITARY DUTY. exemption from, employees, . 88 52 121 115 MILK. facilities and rates to shippers, equal, . . 134 forwarding, ...... 134 penalty for not receiving, etc., . . . 134 receipts from connecting roads, . . . 134 tariff, establishing, revision by commis- sioners, ..... 134, 135 MISMANAGEMENT. of trains, ....... MISSILES. throwing, at trains, . . . MODIFICATION. of rulings of commission by supreme judicial 157 court, procedure, MORTGAGED LAND. damages in case of, division between parties, . proceedings when taken, MORTGAGEES. rights of, when lands are taken, apportionment of damages, 167, 16S 167, 168 82 82 82 82 82 MORTGAGES. See BONDS; NOTES; INDEBT- EDNESS, EVIDENCES OF; CORPORATE MATTERS; MORTGAGED LAND. MOTIVE POWER. operation by electricity or other power ap- proved by commission, MUFFLERS. for vacuum brakes, neglect, 100 111 for safety valves, . . . . .111 MUNICIPAL AUTHORITIES. supervision of private railroads, See LOCAL AUTHORITIES. NAME. change of, commissioners may authorize, may require publication of, certificate to be filed with secretary of com- monwealth, ..... rights and liabilities under new name, . NAMES. of directors in association agreement, NAPHTHA. lighting by, etc., forbidden, .... NARROW GAUGE ROADS. change of, capital, etc., equal one-half cost, etc., paid-up stock, ..... NAVIGABLE WATERS. crossing, authority, .. damages, recovery, . NEGLECT. of annual return; penalty, . See PENALTY. 163 151 151 151 151 52 109 52, 55 55 55 86 86 160 318 INDEX TO RAILROAD LAWS. NEGLIGENCE. as to life, 40-42 at crossings 98, 99, 157 injury, loss of life, causing, . 38-42, 103, 156, 157 of employees, causing injury, 40, 41, 102, 103, 156, 157 recovery for, . . . . . 41, 103 notice, ....... 104 NEW SHARES. of stock, stockholders entitled to, . . . 71 price of, . . . . . . .71 sale of 71, 72 NON-PAYMENT. of assessments, sale of stock for, ... 60 of damages, effect of, . . . . .80 NORTHERN AVENUE, BOSTON. powers of commissioners in relation to, . . 12 NOTES. Public Service Commission Act of 1913. railroad corporations may issue, when, . . 62 for funding floating debt, .... 62 for any other lawful purpose, ... 62 may mortgage or pledge railroad equipment and franchise, ..... 62 real and personal property, etc., . . 62 mortgage to secure all bonds, etc., pre- viously issued, etc., .... 62 amount of, etc., not to exceed twice the capital stock, 62 how determined, ..... 62 certain bonds not taken into account, . 62 to be authorized by vote of stockholders, . 62 and countersigned by appointed person, . 62 or certified by trust company, . . 62 commission to approve proposed issue, . . 62 application to, ..... 62 decision within thirty days of final hearing, . 62 in writing and reasons therefor, assigned, . 62 order may provide for application of proceeds, etc 62 other states or foreign countries, for use in, . 62 approval not required, when, . . . 62, 63 property, improvements and additions, to be reported, 62, 63 of other corporations controlled, etc., issue for, ...... 63 proceeds to be applied as specified in order, . 63 provisions not to apply to corporations in other states, when, 62, 63 or in foreign countries, when, . . . 62, 63 property, improvements, etc., to be reported, 62, 63 prohibition of issues of, for notes, etc., of other corporations, except, .... 62, 63 other corporations, for purchase of, prohibited, except, ...... 63 approval of, when, .... .63 supreme judicial court or superior court, juris- diction, etc., ..... 63 commission, attorney-general, any stock- holder may apply, .... 63 any interested party may apply to, . 63 penalty, for violation of certain sections, , 63 for unlawful vote or application of proceeds, 63 for unlawful assumption of debt or liability, 63 repeal of acts and parts of acts inconsistent, etc., . . . . . .63 See CORPORATE MATTERS. NOTICE. of accidents; omission, . . . . 38, 39 of change affecting rates. See RATES. of examination of railroads and railways, when, ...... 13 of meetings, ...... 55-58 petitions, abolition crossings, to common- wealth, etc., ..... 21 to corporations as to laws, violations, etc., . 13 to stockholders ot new shares, ... 71 NOTIFICATION. of receipt of orders ORDERS. of commission. See o. OBLIGATION. to repair bridges, OBSTRUCTION. of cars, .... of crossings by freight cars, etc., of drawbridge; penalty, . 89 . 155 99, 100 . 94 liability of corporation, assignee or receiver, 99, 100 of trains, ....... 155 of ways, . . . . . . . 89, 99 OBSTRUCTIONS. rem6val of, at crossings, . . 89-91, 99, 100 See CROSSINGS. OFFICE. of commissioners, records, expenses, . . 5 OFFICERS. or employees of commission, . . . 5, 7 not subject to civil service certification, when, ...... 4 of railroad corporations, penalty for violation of sections 15 and 16, .. . 63 of general court, free transportation, . . 124 See CORPORATE MATTERS. OFFICES. of common carriers, may be examined, etc., . 36 OILS. storage on railroad property, . . . 134 OMISSION. of bridge guards; penalty, .... 96 of fire safeguards; penalty, .... 108 to give notice of accidents; penalty, . . 39 OPENING OF ROAD. certificate for operation to precede, . . 93 of branches, ...... 93 map and profile to be filed, ... 93 OPERATING CONTRACTS. commissioners to approve, .... 45 OPERATION. certificate, preliminary to, . . . .93 filing of map, profile, etc., .... 93 mode of, suggestions as to, .... 12 of cars, etc., to secure through route. See THROUGH ROUTE. of a road by another corporation, . . 49 liability of operating corporation, . . 49 See EQUIPMENT AND OPERATION. INDEX TO RAILROAD LAWS. 319 OPINIONS. advice, etc., expenditures for, ... 7 ORDERS. served upon persons or corporations affected, 11, 12 service, by personal delivery or mailing certi- fied copy, . . . . . 11, 12 notification of receipt in writing to be re- turned 11, 12 to be signed by officer of corporation, . 11, 12 terms of order, acceptance and obedience to, 12 time of taking effect to be specified, . , 12 supreme judicial court, etc., jurisdiction, . 167 to be entered of record, ... 12, 270 to continue in force until changed or abro- gated, 12 violation of, proceeding in supreme judicial court, if, . . , . . 167 ORGANIZATION. of commission, laws as to, , . . . 1-7 of railroad corporations, .... 51, 55 to follow issue of incorporation certificate, 55, 56 See also CORPORATE MATTERS (Agreement of Association, Organization). OTHER CORPORATIONS. capital stock, bonds of, etc., . . . 62, 63 issues of stock or bonds for purchase of, pro- hibited, except, . . . . 62, 63 purchase of, issues of stock and bonds for, pro- hibited, except, . . . . 62, 63 approval of, when, ..... 63 bonds and stock of, holding regulated, . . 65 See CONSOLIDATIONS; CONNECTING ROADS; LEASE. OTHER STATES. stock, etc., issues for, no approval when, . 63 proposal issues to be reported, ... 63 OUTSIDE LIMITS. locations, proceedings. 74-76 OUTSIDE STATE. See OTHER STATES. OVERHEAD BRIDGES. height of 86, 87 OVERHEAD CROSSINGS. signals at, enforcement, .... 99 See CROSSINGS. P. PAID IN. stock to be, before incorporation, ... 54 before construction of location, as to, . 72 PAPERS. of common carriers may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, . . 14 PAR. bonds issued below, binding, ... 64 new shares not to be sold for less than, . 67 PARKS. location on, forbidden t except, ... 73 consent to, when, , . ... 73 not to be entered upon by railroad employees, etc., .... 159 PARKWAYS. lay-out over railroads, conditions, etc., ss PASSENGERS. abandonment of stations forbidden, unless, . 95 accommodations, withholding, . . . Ill arrest of, without warrant, when, ... 35 baggage checks to be furnished, . . .121 neglect to furnish, . . . . .121 baggage, unclaimed, sale, etc., . . . 122 bicycles carried as, . . . . .121 injury to, penalty, ..... 122 color or race discrimination, prohibited, . 124 dead bodies, transportation regulated, . . 131 disorderly, etc., arrest without warrant, . 35, 42 fares, establishment, etc., of, ... 116 arrest for refusing to pay, ... 35 changes in, suggestions as to, . . . 12 commutation tickets, issue of, . . .119 ejection for non-payment, . . . 35, 42 evading payment; penalty, ... 42 excessive cash fare, charging, . . 118, 119 extra cash fare on trains, . . . 118, 119 coupons to be given for repayment, . 118, 119 penalty for charging excessive, . .119 legislature may revise, . . . .116 limited tickets, terms, etc., . . . 121 reduction on certain trains, . . 121, 123 tickets to foreign countries, sale of, etc., . 120 free passes to state, etc., officers forbidden, 123, 124 gaming, ....... 156 season tickets for, . . . 116, 119, 120 smoking cars, women not required to ride in, 124 Sunday law as to trains and boats, . . 137 through route for, may be ordered, . . 138 notice and hearing, ..... 138 transfer of, at connecting points, etc. See THROUGH ROUTE. trains, cheap morning, etc., to furnish, . . 123 workingmen's trains, ..... 123 trip tickets upon, ..... 123 PASSENGER TICKETS. See RATES. PASSES. free, to state, etc., officers forbidden, . . 123 penalty 124 forgery of, . . . . . .' . 121 See FREE TRANSPORTATION. PAYING. indebtedness. See BONDS; CAPITAL STOCK; IN- DEBTEDNESS, EVIDENCES OF; NOTES. PAYMENT. of expense, abolition grade crossings, decree, . 23-29 PAYMENT OF DAMAGES. See DAMAGES; ABOLITION GRADE CROSSINGS. PENALTY. accidents, omission to give notice of, . . 39 accommodations, withholding reasonable, . Ill decreasing through consolidation, . . 44 320 INDEX TO RAILROAD LAWS. PENALTY Continued. actions to recover, ..... 127 animals, illegal transportation of, . . . 131 annual returns, neglect of, . . . .160 acquisition of stock of domestic roads, for, . 43 baggage, injured or destroyed, . . . 122 lost, failure to advertise, .... 122 barriers against animals, non-erection, . . 84 baggage checks, not furnishing, . . . 121 blocking frogs, etc., not, . . ' . . 95 boilers, locomotive, not testing, . . 110, 111 bond, failure to furnish by banks, etc., . . 120 books and papers, refusal to submit, . . 16 brakes, insufficient, .... 100, 101 breaking and entering cars, .... 156 bridge guards, neglecting, .... 96 burial grounds, lay-out over, ... 73 cars, gaming on, ..... 156 not heating, by, etc., .... 108 stealing from, ...... 156 riding upon, ...... 153 color or race discrimination, . . 124, 125 color-blindness, neglect to examine for, . . 112 corporate records, failure to exhibit, . . 16 crossings, failure to stop at, ... 96 See CROSSINGS. dead bodies, illegal carriage of, . . . 131 discrimination between expressmen, . . 126 against color or race, . . . 124, 125 disorderly conduct on cars, .... 156 driving animals on track, . . . 153 drawbridge, obstructing, etc., ... 94 engines or cars, obstruction of, . . 155 employees, assaults on, etc., ... 43 See EMPLOYEES. fares, increasing through consolidation, etc., 44 fences, not building, ... 84 for divulging information, audit of books, etc., 14 for violation of certain sections, ... 63 for unlawful vote on stock, etc., issue, . . 63 or on application of proceeds, ... 03 for unlawful assumption of debt or liability, . 63 free passes to state officers, etc., . . 123, 124 fire safeguards, omission of, . . . . 108 forgery of tickets or passes, .... 121 frogs, not blocking, . . . . . 95, 96 gaming on cars, . . . . .156 gates, platform, failure to provide, . . 109 flagmen, signals, as to, . . . . 98, 99 See GATES. guard rails, not blocking, .... 95 heating passenger cars, neglect, . . . 108 life, endangerment of, . . . . . 155 loss of, negligent, ..... 4042 lighting by naphtha, ..... 109 merchandise, illegal transportation of, . 126, 127 discrimination as to, . . . 126, 127 milk, not receiving, connecting roads, . 135, 136 mufflers, neglect to use, . . . .111 naphtha, lighting with, .... 109 obstruction of cars, .'.... 155 officers, changes in, certificate to be filed with commissioner of corporations, neglect, 56 clerk to be resident of commonwealth, . 56 oils, storage of, without permit, . . . 134 papers, refusal to submit, .... 16 passengers, withhold accommodations from, . Ill See PASSENGERS. returns, failure to make, . . . 160 road-bed, injury to construction materials, . 154 PENALTY Concluded. rolling stock, insufficient brakes, etc., . 100, 101 See ROLLING STOCK. safety appliances, trains, neglect of, . .108 switches, failure to use, .... 95 shares, illegal issue of, by directors, . . 60, 71 signals, injury, etc., of, .... 42 signboards, failure to erect, .... 98 stations, loitering around, . . . .153 stealing from cars, . . . . .156 stock, illegal issue of, . . . . . 71 illegal increase of, . . . .60 stops at grade crossings, omitting, . . 96 switches, not blocking, .... 95, 96 safety, failure to use, . . . . 95, 96 tools, failure to provide, .... 108 tampering with, . . . . .155 track, walking on, etc., .... 153 trains, wilful stopping of, etc., . . . 155 uniforms, neglect of, , . . . .112 voting stock of domestic roads, when, . . 43 weekly payments, non-payment of , .1 14 See CRIMES. PERCENTAGE. of cost, crossing alterations, ... 22 PERISHABLE ARTICLES. sale of, when, ...... 129 PERSONAL PROPERTY. ' mortgage of, to secure bonds, ... 62 PETITION. as to charters, notice, ..... 51 for incorporation, to commissioners, . . 53 for damages, time for filing, . . .79 for grade crossing abolition, . . . 21 See ABOLITION OP GRADE CROSSINGS; LO- CATION; RAILROAD COMMISSIONERS. PETROLEUM. in yard, penalty for leaving, , . . 134 PLACE. of meetings in commonwealth, ... 57 PLANS. deposit of, in state library, .... 51 of locations, for owners, .... 80 payment for, in damage suits, ... 22 surveys, appraisals, etc., expenditures for, , 6 See LOCATION; MAPS. PLANTS. of common carriers, may be inspected, etc., . 36 PLATFORM GATES. failure to provide, ..... 109 enforcement of requirement for, . . . 109 POLICE. district. See DISTRICT POLICE. railroad. See RAILROAD POLICE. POLICEMEN. free or reduced rate while in uniform, . . 124 POP VALVE. appliance for deadening noise of, . . . Ill INDEX TO RAILROAD LAWS. 321 POWER HOUSES. of common carriers, may be inspected, etc., . 36 POWERS. of directors, ...... 52-56 of special commissioners, alteration crossings, 18-20 of special commissioners, grade crossing abolition, ...... 21-23 of commissioners. See RAILBOAD COMMIS- SIONERS, CONSTRUCTION OF ACT, PUBLIC SERVICE COMMISSION, and under the various headings. POWERS OF COMMONWEALTH. reservation of, . . . . . .49 PRACTICE. on quashing damage proceedings, . . 83 See PROCEEDINGS. PRACTICES. of common carriers, inquiry into, . . 127, 128 PREMIUMS. cash to be added to par value of capital in computation, when, .... PRESCRIPTION. right of way by, crossings, none, . PRESIDENT. must be a director, choice by board, SI PRIOR CONDITIONS. See CONDITIONS PRE- CEDENT. PRIVATE CROSSINGS. commissioners may order, gates at, liability for not closing, . See PRIVATE RAILROADS. PRIVATE LAND. severed, crossing to, etc., appeal, . county commissioners, etc., hearing in county where taken unless, PRIVATE RAILROADS. construction for freight, connection with public, highways, etc., crossing of, . land owner's consent needed, municipal authorities to supervise, regulation of crossings, steam power, laws applicable if used, supervision of, by commissioners, . PRIVATE SIDE TRACK. switch connection with, etc., 91 154 91 91, 92 92 163 163 163 163 163 163, 164 163 164 44, 45, 138 PRIVATE WAYS. crossing, damages, etc., .... 91 gates at, not closing; penalty, . . . 154 damages, discontinuance, abolition crossings, 25 payment, primary liability for, ... 25 limit for application, damages, ... 91 PRIVILEGES. affecting rates. See RATES. PROBATE COURT. jurisdiction in equity, concurrent, as to dam- ages for land of married woman taken, 82, 83 may appoint trustee in certain land damage cases, ...... 82 PROCEEDINGS. against railroads by attorney-general, . . 11 at annual meetings, ..... 57 discontinuance of, damages, ... 84 quashing, practice on, . . .83 in default, mortgages, ..... 64 in grade crossing abolitions. See ABOLITION OP GRADE CROSSINGS. in taking land, ...... 76 PROCEEDS. of bonds. See BONDS. cf capital stock. See CAPITAL STOCK. of evidences of indebtedness. See INDEBT- EDNESS, EVIDENCES OF. of notes. See NOTES. PROPER PRACTICES. See SERVICE. PROPER REGULATIONS. See SERVICE. PROPERTY. of common carriers, may be inspected, . . 36 valuation and revaluation may be made, . 16 transfer of, at connecting points, etc. See THROUGH ROUTE. of railroads, may be mortgaged, etc., , . 62 in other states and foreign countries, etc., . 62 additions, etc., to be reported, PROXY VOTING. limitations, etc.,, by bondholders, . . 62, 63 57 65 PUBLICATION. of schedules of rates, etc., . . . .117 in accordance with requirements of inter- state commerce comjnission, . .117 PUBLIC CONVENIENCE. certificate of (exigency), 53 PUBLIC HEARINGS. affecting rates. See RATES. in and out of commonwealth, commission rep- resented, 127, 128 PUBLIC OFFICERS. not to recommend employees, etc., . .113 penalty, exemptions, etc., . . . .113 PUBLIC OPENING. certificate of commissioners prerequisite to operation, ..... 93 map, profile, etc., filing with secretary, . 93 PUBLIC PARKS. consent to location on, 73- 322 INDEX TO RAILROAD LAWS. PUBLIC WAREHOUSEMEN. liability as, ... PUBLIC WAT. definition of, , . . . . location in, for switch connections. THROUGH ROUTE. 128, 129 See PUBLICATION. of agreement of association, posting, . . clerk's certificate of, .... of notice of hearing on route, posting, . commissioners may designate newspaper, when, ...... of statements of condition, .... PUBLIC SERVICE COMMISSION. In General. act to change name of, from board of railroad commissioners, etc., .... remedial, and in extension, etc., of all pre- vious acts, etc., .... repeal of all acts limiting jurisdiction, powers, etc., ..... no repeal of provisions of 1897, 500, or permitting action inconsistent with prior rights, etc., .... appointment of commissioners, to take effect on passage of act, of accountants, assistants, bureau chiefs, clerks, division heads, inspectors, statis- ticians and other subordinates, . of counsel, etc., ..... certified copies of official documents under official seal, ..... shall be evidence in all courts of the com- monwealth, ..... chairman to be chosen whenever a new ap- pointment is made, .... contested matters, not to be heard nor decided by less than quorum, if, . repeal of law for hearing, etc., by one com- missioner in contested cases, discretion of. See CONSTRUCTION OP ACT. employees of. See EMPLOYEES or COMMIS- SION. expenditures, authorized as deemed requisite in performance of duties, for opinions, advice, .etc., .... for plans, surveys, etc., .... for appraisals, audits, examinations, statis- tics, information, .... for apparatus, instruments, books, tables, maps, drawings, .... for supplies and sundries, for travel and incidental expense within and without the commonwealth, expenses to be annually appropriated by gen- eral court, ..... repeal of certain sections relating to, . fees, for certified copies, etc., to be paid into treasury of commonwealth, governor to appoint, ..... hearings, quorum necessary on contested matters, etc., ..... in and out of commonwealth, representa- tion of, 127 inspectors of, terms, etc. See INSPECTORS. jurisdiction of, . See also CONSTRUCTION OF ACT. 52 52 53 53 14 2 168 168 168 168 2 xvii 5, 7 7 167 167 2 167 2 128 3 PUBLIC SERVICE COMMISSION Continued. Massachusetts Highway Commission, transfer of powers from, to. See MASSACHU- SETTS HIGHWAY COMMISSION. membership to consist of five competent per- sons, . . . . . . 2 no more than three from the same political party, ...... 2 qualifications and disabilities of, 2 quorum, three members shall constitute, . 9 salaries and expenses, .... 2-7 terms of office, length of, . . . . 2 orders of, service, notification of receipt of, etc. See ORDERS. penalty, for divulging information secured for, 14 powers of. See below. See also CONSTRUC- TION OP ACT. railroad commission, name of, changed to, . 2 membership enlarged, .... 2 recommendations of, to be entered of record, . 167 records of all votes, recommendations and orders to be entered, . . .167 of common carriers, examination, produc- tion of, etc., .... .14 returns, may prescribe form of, . . . 17 services supervised and regulated, . . 3 special power and duties. See below. See also the several Titles in this index, superior court, jurisdiction in equity, etc., . 63 application to, ..... 63 supreme judicial court, jurisdiction in equity 63, 167, 168, 250 to review, annul, modify or amend rulings or orders of, ... 167, 168, 250 travel, in and out of commonwealth, expendi- tures 127, 128 vacancies in commission, when filled new elec- tion for chairman, ..... 2 Powers and Duties. accounts, audit of, etc. See ACCOUNTS. form of, classification, etc. See FORMS or ACCOUNTS. approval, of issue of bonds, by. See BONDS. of issue of capital stock. See CAPITAL STOCK. of issue of evidences of indebtedness. See INDEBTEDNESS, EVIDENCES OP. of issue of notes. See NOTES. authority of. See CONSTRUCTION OP ACT. bonds, approval of, by, etc. See BONDS. capital stock, approval of, by, etc. See CAP- ITAL STOCK. common carriers, jurisdiction of, as to. See COMMON CARRIERS. electric power, instead of steam, may order, 9, 10 entry on premises of carriers by, or by author- ized agents, engineers, inspectors or examiners, ..... 36 equipment of common carriers, inquiry into, by. See EQUIPMENT. inspection of, by. See EQUIPMENT. examination, of books, etc., of common car- riers. See BOOKS. of state departments in making valuation. See BOOKS. indebtedness, evidences of, approval of, by. See INDEBTEDNESS, EVIDENCES OP. inquiry, into service, etc. See INVESTIGA- TIONS; SERVICE. INDEX TO RAILROAD LAWS. 323 PUBLIC SERVICE COMMISSION Concluded, inspection, by, of property, equipment, build- ings, ...... 36 of plants, factories, power houses, offices, . 36 of ducts, conduits, etc., .... 36 use of locomotive, car or steamship for inspection service, .... 36 interstate commerce commission, petitions to, by, 127, 128 forms of accounts of, followed by, . .17,18 interstate commerce law, violations of, prose- cution by, . - . 127, 128 investigations, of state highway commission, to be continued by, . . . . 3 into regulations, practices, equipment, serv- ice, etc., . . . . . . 9, 10 notes, approval of, by, etc. See NOTES. railroad and railway lines, inspection of, etc., 36 rates of common carriers, filing wittf, etc. See RATES. changes in, power of, etc. See RATES. regulation of service. See SERVICE. representation at public hearings, in and out of commonwealth, . . . 127, 128 service of common carriers, inquiry into, super- vision, etc. See SERVICE. services, under supervision and regulation, 3 appliances for transportation, . car service, ...... 3 conveniences in facilitation of common car- riage, ...... electric railroads, ..... 3 equipment, ...... express service, ..... intelligence by electricity, transmission of, . 3 railroads, ...... 3 street railways, ..... 3 telephone lines, ..... telegraph lines, ..... transmission of intelligence by electricity, . 3 transportation, etc., of persons or property, switch connections, interchange track, etc., power to order. See THROUGH ROUTE. telephone and telegraph lines, jurisdiction of. See TELEPHONE LINES; TELEGRAPH LINES. through route for passengers and freight, power to order. See THROUGH ROUTE. tickets, season, etc., form of, approval by, . 116 transportation, free, of passengers or property. See FREE TRANSPORTATION. for charitable purposes, approval, etc. See FREE TRANSPORTATION. valuation, revaluation, of property of carriers, by 16 votes, recommendations, etc., as to, shall be entered of record, .... 167 See also the various Tides in this index. PUBLIC WAREHOUSEMEN. See WARE- HOUSEMEN. PUPILS. transportation of, at reduced rate. See RATES. PURCHASE. of railroads by commonwealth, ' . . . 49, 50 PURCHASED LAND. filing of location, etc., rules, ... 76 PURPOSES. of funding floating debt. See BONDS; CAPI- TAL STOCK; INDEBTEDNESS, EVIDENCES OP NOTES. Q. QUALIFICATIONS. of directors, . . . . . . 52 of members of special commissions, 19, 20, 21, 22 QUARTERLY RETURNS. failure to make, penalty, . public inspection of, QUASHING. proceedings for damage, practice, 161 161 83 QUORUM. at meetings of corporations, majority, . . 57 may be fixed by by-laws, .... 57 of commission to hear and decide contested matters, ...... 9 RAILROAD. may be mortgaged for payment of indebted- ness, ...... 62 RAILROAD AND RAILWAY. definition of terms, ..... 48 RAILROAD COMMISSIONERS. act to change name and enlarge membership of, 2 hereafter to be called the public service com- mission, ...... 2 See PUBLIC SERVICE COMMISSION. In General. appointment, number, terms, tenure, etc., . 1, 2 qualifications, ...... board, defined, ...... 1 clerk, appointment, duties and salary of, . 1 oath and qualifications, .... 2 assistant, duties and salary of, . . . 1,2 accountant, appointment, duties and compen- sation, . . . . . 1, 5, 9 annual report to the general court, . . 6 date of submission of, .... 6 expenditures, statement in, . . . 5 number of copies, ..... 7 printing and distribution, 6 reasons for non-approvals of locations in, . 72 suggestions of changes, etc., to contain, . 6 public documents, laws as to printing, . 6, 7 state board of publication, powers and duties, ...... 7 contracts, services, gifts, etc., forbidden, expenses, etc., borne by railroads [repealed], 5, 6 assessment of [repealed], . . . . 5, 6 apportionment and assessment of [repealed], 5, 6 limit, etc. [repealed], . . . . 5, 6 balance remaining carried forward to next year [repealed], . . . . 6 experts, appointment by, . . . . 2, 4 free transportation allowed, .... 5 inquests, report upon death by accident, . 39, 40 inspectors, appointment and salary of, 2, 3, 4, 5, 36 to inspect crossings, .... 36 to investigate accidents, .... 36 324 INDEX TO RAILROAD LAWS. RAILROAD COMMISSIONERS Continued, office, records, incidental expenses, etc., . 5 organization, laws as to, . . . 1 powers increased (Washburn bill of 1911), . 8, 9 may order reasonable regulations as to transportation, etc., .... 8 not to revise, etc., rates and facilities de- termined by statute, .... 9 experts, assistants, accountant, etc., may be employed, ..... 9 attorney-general to advise and appear before commissioners, ... 9 hearings, decisions and orders by one com- missioner, when, .... 9 orders to continue in force, unless, . . 9 not construed as limiting powers heretofore granted, ...... 9 relief corporations, to report to, . . . 34 examination of, ..... 34 salaries of, ...... 5 vacancies, how filled, ..... 2 Duties in General. accidents, investigation of, . . . . 13 advice, etc., not to relieve corporate liability, 13 appeals to, from Boston aldermen, . . 49 attorney-general to act on report cf, when, . 11 authority to supervise, examine, etc., . . 8 complaints, investigation of, . . 13 enforcement of laws, by, .... 8 notice to corporation as to laws violated, . 11 scope of statutory provisions as to, . 8, 11, 15 block signals, may require, .... 8 books and accounts, regular examination of, 14 continuance of uniform system, . . 14 directors, etc., may request examination of 14 inspection at any time by, ... 14 lists of stockholders, access to, ... 16 non-submission, etc., penalty for, . . 16 publication of statements, ... 14 quarterly returns to, .... 161 bond issues, approval of, . . 60-64, 67-69 expert investigation of property, ... 2 Boston, appellate powers as to, . . . 49 certificate of incorporation, as to, 54 of public convenience (exigency), . . 63 operation, preliminary to, ... 93 change of name, may authorize, . . . 151 changes and improvements, to suggest, . . 12 mode of operation, as to, . . . . 12 rolling stock and stations, as to, . . 12 complaints, authorities may make to, . . 13 employees may make; secrecy of, . . 13 grade crossings, as to obstruction of, . 99, 100 legal voters may make, .... 13 connecting roads, consent to joint use of, . 137 contracts, etc., copies with, . . 46, 140 approval of, by commissioners, . 46, 139, 140 regulation of traffic between, . . . 137 consolidation and leases, approval, . . 43 to determine public interests, . . . 43-45 examination of roads, ..... 13 equitable relief, may invoke, as to stock issues, ...... 71 express companies, supervision of, . . 10, 11 expressmen, recommendation of, . . 126 foreign countries, incorporation for, duties, . 164 gauge, duties as to change of, ... 55 grade, change of, consent to, 24 RAILROAD COMMISSIONERS Continued. grade crossings, consent to, .... 18, 88 abolition of, by agreement, approval, . 31 members may be made special commis- sion, . . . . . . 21, 22 by agreement, approval of, . . . 29, 30 approval of final plans, . . .31 alteration of, appeal, . . .20 supervision by commissioners, . . 18 hearings, decisions and orders, by one com- missioner, when, .... 9 quorum to hear and decide contested matters, ...... 9 information to be furnished to, . . . 13 inquests, approval of bill for report of evi- dence, ...... 39, 40 leases, approval of, . . . . .43 legislation, recommendations for, ... 6 milk tariff, revtsion of, . . . 134, 135 narrow gauge, as to change of, . . . 55 relief societies, supervision of, ... 33 repairs, notice of, necessary, ... 12 returns to, abstracts and tables of, 6 amendment of defective, . . . 17, 160 annual, by directors under oath, . . 159 originals, to be preserved by, . . 17 blanks for, to furnish, .... 17 forms, to prescribe, . . . .17, 159, 160 interstate commerce commission, may con- form to, ...... 17 month's notice of change, ... 17 lessee and lessor, by, .... 161 penalties for failure to make, . . . 160 quarterly return to, .... 161 public inspection of, . . . . 161 year's notice of change, .... 17 route, action on, appeal, .... 53 publication of, commissioners may desig- nate newspaper, when, ... 53 rules as to explosives, publication, etc., . . 133 for filing land takings, . . 77 steamship rates and accommodations, regula- tion, ...... 10 stock issues,, approval of, . . . 62, 67 fixing price of shares, . . . . 68, 71 expert investigation of cost of property, . 2 switch connections, appeal to, on failure to install ....... 44, 45 transportation of milk, to supervise rates for, 134 wages, exempting from weekly payments, . 114 witnesses, compulsory attendance of, . 17 summoning, oaths, fees, etc., ... 17 workingmen's trains, trip tickets, withdrawal by consent, .... Equipment and Operation. accidents, notice to, . . . . inspectors, investigation by, ... bells at crossings, regulation of, . . bridge guards, approval of, . . . . bridges, expert examinations of, . . . consent of commissioners as to height, . crossings, flags, gates, etc., as to, . . . automatic signals at overhead, may require, electric signals, may order, . . . obstruction, applications to, to forbid, . shifting trains, etc., regulation of, . . signboards at, approval of, ... may order, ...... drawbridge gates, to prescribe distances, . 123 38 36 97, 98 96 37 87 98, 99 99 98, 99 99 100 98 98 94 INDEX TO RAILROAD LAWS. 325 RAILROAD COMMISSIONERS Continued, fire safeguards, approval of, ... 108 frogs, etc., to approve blocking, ... 95 gates or flags at grade crossings, as to, . .98, 99 grade crossings, to make regulations as to, . 96, 97 heating of passenger cars, as to, . . 108 inspection, recommendations upon, . . 36 inspectors, direction of examination by, . 36 report to, ...... 36 interlocking signals, adoption on approval of, 97 award of expense, ... 97 joint use of road, station, compensation for, to fix 95 revision of, by court, .... 95 leases, approval of, . . . 43, 139 private crossings, may order, ... 91 repairs, notice of, ..... 12 rolling stock, approval of fire safeguards, . 108 additional appliances, may require, . . 116 additions to, suggestions of, . . . 12 grab irons, as to, . . . . 102 heating of cars, ..... 108 locomotive boilers, testing of, . . .110 mufflers for brakes, approval of, . . Ill platform gates, approval of, . . .109 safety appliances, extension of time for, . 102 safety couplers, requirement of, . . 101 spark arresters, commissioners to approve, . 158 tools and appliances, approval of, . . 108 signboards at crossings, may order, . . 98 stations, to approve relocation, ... 95 changes in, to suggest, .... 12 joint occupancy, to fix compensation for, . 95 revision by court, .... 95 steamboats, running of, on Sunday, . . 137 Sunday trains, may allow, .... 137 switches, to approve blocking, ... 95 whistling, regulation of, . . . . 97, 98 Location and Construction. alignment, change to improve, ... 75 authorization on what conditions, . . 72 certificate, filing and fee, .... 72 estimate of engineer, sworn, ... 72 filing of location, certification, . . . 74-79 powers of county commissioners vested in, 74 purchased land, of, .... 74, 75 records of location, form, etc., ... 76 branches and extensions, certificate for, . 92 bridges over track, as to making, ... 87 crossings, special commission for alteration, . 19 one commissioner to be a member, . . 20 access to land cut off, to require, . . 91 appeal, hearing, powers, etc., . . . 91, 92 severance of land, appeal to, . . . 91 damages in Boston, as to, .... 49 fences, exemption from building, ... 84 revocation of exemption, proceedings as to, 84 fixing route, action on petition, etc., . . 52, 53 alignment, to improve, .... 75 certificate, exigency, .... 53 map, engineer's report, etc., to be with, . 52, 53 state house, not within three miles, . . 72 variation, written consent to, . . . 75 freight cars, etc., obstruction by, to forbid, . 100 grade crossings, consent to, . . . .87 abolition of, certificate of expenditures, . 30 agreement, by, approval of, . . . 29, 30 notice of filing petition for, ... 21 petitions, decision as to precedence, . 31, 32 RAILROAD COMMISSIONERS Concluded, grade crossings, abolition of, supervision in case of agreements, .... 30 certificate of alteration, .... 18 conditions, restrictions, etc., may impose, . 18 private railroads, as to, . . . 163 lay-out of ways over, .... 86, 87 private crossing, appeal as to, . . . 91 hearing in county where taken, unless, . 92 railroad grade crossings, consent to, . . 86' regulations for, ..... 96, 97 separation of, duties as to, . . . 85, 86 street railway crossings, consent to, . . 18 trains, shifting, etc., at, . . . .98 public opening, certificate for operation to precede, ...... 93 map, profile, etc., as to, . . . . 93 other railroads, land or rights of, may be purchased or taken, .... 75, 76 for crossing railroads or street railways, commissioners to adjudge necessity, . 76 Street Railways. See "RAILROAD COMMISSIONERS" in Street Railway Index. Voluntary Associations. or express trusts, books, accounts, contracts, examination of, .... 14 records and memoranda, examination of, . 14 trustees under a written instrument or declara- tion of trust, etc., examination, etc., . 14 reports and information as to relations with railroad, street railway, etc., corpora- tions, may be required, ... 14 examination of books, etc., of partnerships, etc., under same ownership as rail- road, etc., corporations, ... 15 investigation of dealings between railroad, etc., corporations and such partner- ships, etc., ..... 15 reports and information may be required, . 15 refusal or neglect, penalty, . . . 15 supreme judicial court, jurisdiction in equity as to, . . . . . 15 rates and service, recommendations, etc., not affecting interest of such partnerships, 15 written instruments or declarations of trust, copy filed with commissioner of cor- porations, ..... 162 copy filed with clerk of city or town where located, 162 annual statements filed with commis- sioner of corporations and with com- missioners, when; penalty, . . . 162 copies to be transmitted to secretary of commonwealth, publication, . 162, 163 certain corporations not to acquire more than ten per cent of total stock of rail- road corporation, .... 163 name or title not to be like that of public service corporation controlled, etc., 170, 171 commissioners to investigate question of violation of above; penalty, . . 171 violations to be reported to attorney- general, recovery of forfeiture, in- junction, etc., . . . . . 171 adopted prior to act not affected, . . 171 See also PUBLIC SERVICE COMMISSION, and the various Titles in this index. 326 INDEX TO RAILROAD LAWS. RAILROAD CORPORATION. definition, .... 48 RAILROAD INSPECTORS. appointment of, . . . . . . 1-5 duties, ....... 36 inspection of crossings, .... 36 reports, ....... 36 RAILROAD POLICE. appointment, duties, . liability for injuries by, witness fees not allowed, 84 36 RAILROAD LINES. inspection of, commission may have use of locomotive, etc., .... 36 RAILROADS, SEVERAL. apportionment of expense between, aboli- tion crossings, . . . . . 22, 23 RAILS. safeguards for, ...... 87 to be protected at highway crossings, . . 87 guard rails, blocking, ..... 95 RAILWAY LINES. inspection of, . . . .36 RAISING HIGHWAYS. or lowering, county commissioners to direct, 87 RAISING WAYS. provisions as to, . . . . .87 RATES. and accommodations, commissioners may in- vestigate, . . 8, 13, 16, 127, 128 recommendations as to changes, . . 8, 16 conveyance at reduced, .... 121 commissioners may act upon, . . . 116 previous action under authority, etc., not to prevent, . . . . . .116 copies of, for commissioners, . . . 13 directors to establish, . . . . .116 legislature may revise, . . . .116 steamship, ...... . 8-10 Mileage, Commutation and Season Tickets. issue of mileage tickets, one coupon for each mile and fraction, except, . . .119 distances from certain Boston stations, how computed, . . . .119 twelve-ride commutation tickets, within fif- teen miles of Boston terminal station, . 119 Boston, Revere Beach and Lynn railroad excepted, . . . . . .119 price of tickets, how determined, . , . 119 rate and conditions subject to approval of commissioners, . . . . .119 rates of fare to be equal when practicable, 119 continued use of twenty-five ride tickets, when, . . . . . .119 season tickets, for passengers, . . . 121 for express messengers, .... 123 form and conditions subject to approval of commissioners, . , . . .116 RATES Continued. season tickets, may be deposited for not less than one week, . . . .119 reissue, extension of use for number of days equal to time deposited, . 119, 120 not to be deposited oftener than once in three months, ..... 120 commissioners may approve further priv- ileges, 120 reimbursement for fares paid by season ticket holders, when, . . .120 Public Service Commission Act of 1913. certain, not to constitute discrimination, un- less 116 charges, regulations, practices, equipment, services, of common carriers, inquiry into 127, 128 commission may regulate and prescribe, . 116 common carriers may make, . . .116 delegated authority from General Court not to prevent action, . . . .116 just and reasonable, to be, etc. See CHARGES. division of, in connection with through routes. See THROUGH ROUTE. mileage, workingmen's, excursion, school or commutation passenger tickets, issued unless, . . . . . .116 joint interchangeable mileage tickets may be issued, . . . . .116 special privileges as to amount of free bag- gage, ..... 116 reduced rate tickets, for children under twelve may be issued, .... 116 for pupils attending school may be issued, 116 season tickets, subject to approval as to form and conditions, . . . .116 Changes in Rates, changes, without notice, commission may allow for good cause, . . . . .117 may prescribe conditions, . . .117 may suspend taking effect of changes, . 117 notice to state changes proposed and time when effective, . . . . .117 thirty days' notice required, unless, . . 117 to be plainly indicated on existing schedules, 117 new schedules may be printed and filed, . 117 hearing, public, on complaint, etc., as to pro- posed changes, .... 117, 118 investigation may be made, . . 117, 118 suspension of taking effect of changes for not less than six months, . . . 118 order may issue after hearing, . . .118 burden of proof to show increase necessary, 118 power to determine just and reasonable minimum rate, . . . . .118 no charge lower than minimum without consent after hearing, . . . - 118 hearing on commission's motion or complaint, 118 determination as to unjust, etc., rates, fares or changes, . . . . .118 that regulations, etc., are unjustly discrim- inatory or unduly preferential, . .118 that rates are insufficient to yield reason- able compensation, . . . .118 are unjust or unreasonable, . . 118 order fixing just and reasonable rates, etc., US INDEX TO RAILROAD LAWS. 327 RATES Concluded. hearing on commission's motion or complaint, determination as to unjust, etc., to be served upon common carriers, etc., . 118 observance of, by officers, agents and employees, . . . . .118 carrier may charge less for longer than for shorter distances, . . . .118 commission to determine and authorize, 118 Schedule of Rates. to be filed and printed, . . . .117 open to public inspection, . . .117 to conform to forms and requirements of interstate commerce commission, . 117 to include conditions, limitations, rules and regulations, . . . .117 to include forms of contracts or agreements, 117 no different rate, joint rate, fare, etc., to be demanded, etc., . . . .117 nor telephone rental, toll or charge, . .117 refunding of rates, etc., prohibited, . . 117 rules, regulations, privileges and facilities to be uniform, . . . . . .117 REAL ESTATE. mortgage of, to secure bonds, ... 62 REASONABLE ACCOMMODATIONS. for passengers, . . . . . .111 penalty for withholding, . . . .111 RECEIPTS. to shippers of merchandise, .... 125 RECEIVER. liability for obstruction, crossings, . 99, 100 in dissolution proceedings, may be appointed when, ...... 152 may prosecute suits, appoint agents, etc., . 152 to pay debts and distribute surplus, . . 152 RECOMMENDATIONS. to be entered of record, RECORD. of rulings of law, .... of land takings, ..... for abolition crossing, . See LOCATION. RECORDING. of agreement of association, with certificate of incorporation, of bond issues [repealed], .... See also CORPORATE MATTERS. RECORDS. of commission, every vote, recommendation and order to be entered, of state departments, access to, in making valuation, etc., of property of common carriers, ...... of common carriers, may be examined, . may compel production of, etc., witnesses as to, compelled to attend, . forms of, may be prescribed, 167 249 75-80 24 54, 55 54,55 61 167 16, 17 14 14 14 17, 18 to conform to interstate commerce forms, 17, 18 RECORDS OF CORPORATIONS. See COR- PORATE MATTERS. RECORDS OF LOCATIONS. commissioners to prescribe rules for filing, clerk to certify compliance with, . . See LOCATION. 70 m RECOVERY. for loss of life, 1 . . ... . .40 by employees, when, . . . 103-108 RECOVERY OF COSTS. proportionate, alteration, crossings, . . 20 REDUCED RATES. conveyance at, . . . . . .121 service at, for employees, etc., . . . 124 REDUCTION. of capital stock, . . . . . . 52, 55 certificate of, . . . . . .55 of fares on certain trains, . . . 121, 123 REFUNDING. indebtedness. See BONDS; CAPITAL STOCK; INDEBTEDNESS, EVIDENCES OF; NOTES. REFUSAL OF CARS. without safety appliances, from other roads, 101 REGISTERED BONDS. regulations as to, ..... 63, 64 mortgages, etc., not to affect, . . . 63, 64 REGISTERED LAND. sale for cost of fencing, . . . 85 , REGULATION. of traffic between connecting roads, . . 138 REGULATIONS. grade crossings, as to, . . . . . 18 of common carriers, inquiry into, . . 127, 128 affecting rates. See RATES. affecting service. See SERVICE. REIMBURSEMENT. for costs, damage suits, crossing abolitions, . 22 street railways, crossing alterations, . . 22, 23 RELIEF SOCIETIES. for employees, incorporation of, investigation of associates, by-laws, officers, .... approval, ...... annual report to commissioners, . voting regulated by commissioners, examination by commissioners, funds not attachable, etc., .... penalty for refusing access to books, railroad as associate or member, . RELOCATION. of street railway tracks, crossing alterations, of stations, permitted, when, commissioners may recommend, . REPAIRING BRIDGES. See BRIDGES; RE- PAIRS. 33 33 33,34 34 34 34 34 34 34 34 24 95 12 328 INDEX TO RAILROAD LAWS. REPAIRS. county commissioners may order, . . 89 on bridges, damages, etc., . . . . 89, 90 at crossings, ...... 89 county commissioners to order, . . 89 at separated crossings, . . .27, 29, 30 notice of necessary, ..... 12 See CROSSINGS. REPEAL. of certain chapters of the revised laws, etc 46, 47, 167 not to affect pending suits, etc., . 47, 167 of all acts and parts of acts inconsistent, etc., 168 of certain laws as to issue of stock, bonds, etc., . .- . . . .63 of law for apportioning expenses, etc., of commission, ..... 6 of law for apportioning certain expenses of Massachusetts highway commission, . 3, 269 of provision that contested matters may be heard by one commissioner, . . 9 provisions of previous acts, etc., and rights acquired unrepealed, etc., . . . 168 REPORT. of auditor, grade crossing abolitions, . . 27, 28 to commissioners, by inspectors, ... 36 commissioners, annual, .... 6 REPRESENTATION. of commission at public hearings in or out of commonwealth, . . 127, 128 before interstate commerce commission, 127, 128 RESTRICTIONS. at grade crossings, RETURN. quarterly, failure to make; penalty, IS 161 RETURNS. abstracts and tables of, .... 6 amendment of defective, ... 17, 160 annual, by directors under oath, . . 159, 160 form of, to be prescribed,. . . 17,160,161 neglect of, ...... 150 originals to be preserved, .... 17 treasurer to swear to, . . . .159 chief accounting officer to swear to, . . . 159 time for filing, .... 160 may be extended for good cause, . . 160 false reports, making; penalty, . . . 161 voluntary associations, annual, as to sub- sidiaries; penalty, .... 162 copies to be transmitted to secretary of the commonwealth, publication, . 162, 163 as to contracts, connecting roads, 45, 140, 159 blanks for, to be furnished, ... 17 express companies, to commissioners, to in- 16 elude copies of contracts with other com- panies, etc., ..... 16 amendment of returns, neglect, penalty, . 16 forms, commissioners to prescribe, . 17, 159, 160 lessee, and lessor, by, . . . . .161 original preserved in office of commissioners, 17 penalty for failure to make, . . . .160 quarterly, ....... 161 public inspection of, .... 161 See CORPORATE MATTERS. REVALUATION. of property of common carriers may be made, 16 access to books, etc., of state departments may be had, ..... 17 REVIEW. of rulings of commission by supreme judicial court, 167, 168 procedure, 167, 168 REVTVOR. of unsettled damage claims, ... 83 RIOHT OF WAY. over crossings, by prescription, not to have, . 92 RIGHTS OF COMMONWEALTH. unimpaired, when, . . . .49 RISK. non-assumption by employees, . . . 102 ROAD BED. injury to construction materials, . . . 154 ROLLING STOCK. additional appliances, commissioners may re- quire, . . . . . .116 additions to, suggestions, .... 12 attachment of, . . . . . .38 forbidden, unless, .... .38 brakes and brakemen, . . . 100, 101 power and train brakes, .... 101 changes in, commissioners may suggest, . 12 conditional sale of, ..... 37, 38 acknowledgment, record, etc., ... 38 general law not applicable, ... 38 name of owner, to bear, .... 38 payment, record, fee, ... . .38 title to vest in purchaser, when, . . 37, 38 couplers, ....... 101 fire, safeguards from, ..... 108 grab irons, as to, . . . . . 102 heating, passenger cars, .... 108 inspection of, . . . . . .36 lighting, by naphtha forbidden, . . . 109 locomotive boilers, testing, . . . 110, 111 machinery, considered, when, . . . 103 mufflers, for vacuum brakes, . . . Ill safety valves for, . . . . .111 platform gates, approval of, ... 109 safety appliances, extension time, . . 102 spark arresters, commissioners to approve, . 158 tools to be carried, ..... 108 See CARS; CRIMES; EQUIPMENT AND OPER- ATION. ROUTE. fixing 52, 53 by commissioners, on appeal, certificate, . 53 action of, commissioners on, ... 53 limits of land taken outside of, etc., . . 74-79 See THROUGH ROUTE. RULES. affecting rates. See RATES. for transporting explosives, . for filing land takings, RULINGS OF LAW. record of, . 133 76 249 INDEX TO RAILROAD LAWS. 329 S. SAFEGUARDS. against fire, commissioners may order, omis- sion of; penalty, .... for rails, crossings, etc., .... SAFETY APPLIANCES. for freight trains, etc., equipment, extension of time for, .... neglect of, . penalty, ....... limitations, ...... SAFETY COUPLERS. requirement of, . SAFETY SWITCHES. failure to use; penalty, blocking; penalty, . SAFETY VALVES. mufflers for, etc., 108 87 101 101 102 102 102 101 111 SCHEDULES. of rates. See RATES. SCHOOL TICKETS. See RATES. SCOPE. of statutory provisions, as to commissioners' authority, ..... 12 SCRIP DIVIDENDS. forbidden, . . 66,67 SEAL. official, shall be judicially noticed, documents and orders certified under to be evidence, when, 167 SEASON TICKETS. for passengers, ...... 121 for express messengers, .... 123 form and conditions subject to approval of commission, . . . . .116 SECRETARY OF COMMONWEALTH. agreement of association to be filed with, . 54 for foreign railroads, .... 165 certificate of consolidation or 'lease to bo filed with, 43 of incorporation, issued by, ... 55 for foreign railroads, .... 165 as to locations, to be filed with, . . 72 as to branches, to be filed with, . . 72 as to stock issue, to be filed with [re- pealed], 67 as to stock increase, to be filed with, . . 55 as to bonds, to be filed with, ... 67 as to change of gauge, to be filed with, . 55 of change of name to be filed with, . . 151 conditional sale of rolling stock, record with, 37, 38 declaration by vendor, etc., on margin, . 38 fee for recording, ..... 38 map, profile, etc., to be filed with, . . 93 relief societies, action on, .... 33 return of decree of dissolution to, . . . 152 returns to, by local assessors, . . . 142 SECRETARY OF COMMONWEALTH Concluded. special charter, petition to be deposited with, etc., 50 surrender of certificate of incorporation, peti- tion to, . . . . . 152 SECURITY. for damages, raising or lowering ways, . . 87 land takings; costs, ... 79 SELECTMEN. definition, ....... 48 complaints to, appeal to commissioners, . 13 may petition for examination of railroad, etc., 13 may petition as to alteration of crossings, . 18 may petition for special grade crossing aboli- tion commission, ... 21 SEPARATION. of two railroads, . 85, 86 SERVICE. In General. of common carriers, inquiry into, . . 127, 128 use of locomotive, car or steamship in connec- tion with inspection, .... 36 at reduced rates to employees, etc., . . 124 free, for charitable purposes, to be approved by commission, .... 124 telephone and telegraph, at reduced rate to commonwealth, any city or town, un- less 124 charges for. See RATES. of orders of commission. See ORDERS. Regulation after Hearing. inquiry into regulations, practices, equipment, service, etc., . . . . . 9, 10 action if unjust, unreasonable, unsafe, im- proper or inadequate, . . . 9, 10 standard gauge lines to operate by electricity, commission may order, . . . 9, 10 time for electrification may be prescribed, . 9, 10 relative importance and necessity of changes to be considered, . . . . 9, 10 duty of common carriers to observe and obey requirements, . . . . . 9, 10 SERVICE, FREE. See FREE TRANSPORTATION. SEVERAL RAILROADS. may unite in petition, abolition crossings, . 22 SHARES. penalty for illegal issue of, . . . .71 transfer of, ...... 58 voting upon, ...... 58 See CORPORATE MATTERS (Capital Stock). SHIFTING TRAINS. at crossings, regulation of, . . . 98, 100 SHIPPERS. discrimination between, forbidden, . . 127 to have receipts, ..... 125 of milk, equal facilities, .... 134 330 INDEX TO RAILROAD LAWS. SIGNALS. at crossings, electric, .... .99 at drawbridges, ...... 94 at overhead crossings, enforcement, . . 99 injury, etc., of, . . . . . .42 interlocking, authorization, etc., ... 97 commissioners may prescribe rules, . . 97 block or other devices, to be maintained when, ...... 8 equity jurisdiction to enforce, ... 8 SIGNBOARDS. at crossings, . ..... 98 approval of, by commissioners, ... 98 commissioners may order, ... 98 proceedings to enforce; penalty, . . 99 SIGNS. on way stations, omitting, etc., ... 95 SINKING FUND. of commonwealth, abolition crossings, . . 30, 31 SMOKING CARS. women, etc., not required to ride in, . . 124 SPARK ARRESTERS. for locomotives, commissioners to approve, . 158 SPARKS. from locomotives, fires, etc., . . .158 locations, adjoining land, etc., to be cleared, 158 fire signal, notice, etc., .... 158 employees to extinguish fires, facilities, . . 159 SPECIAL CHARTERS. how affected by general law, locations under, . . . petition to general court for, 49 51 50 SPECIAL COMMISSIONERS. for abolition of grade crossings, etc., . . 21, 22 commissioners may be appointed as, . .22 in crossing alteration, proceedings, . . 20 See CROSSINGS, ALTERATION OF. SPECIAL MEETINGS. calling and date, ..... 57 stockholders may request, .... 57 SPURS. branches and terminals, route, ... 53 STAMP. of ticket agent, forgery of, . . . .121 STANDARD GAUGE. change from narrow, proceedings, . . 55 STANDING WOOD. obstruction by, at crossings, removal of, . 99 damages, appeal, .... .99 STATE. See COMMONWEALTH. STATE HOUSE. locations within three miles of, . . . 72 on land of, forbidden, .... 73 STATE HOUSE PARK. no railroad or railway to be operated over, . 73 grant of location not to include any portion of 73 STATE INSTITUTIONS. location on land of, forbidden, except, . 73, 74 STATE LIBRARY. plans and profiles submitted to general court deposited in, . . . .51 STATE OFFICERS. free passes to, forbidden, STATEMENTS. of condition, publication, 123 14 STATES, OTHER. privileges of roads chartered in, . . . 139 securities for, . . . . . 62, 63 stock issues for use in, no approval [repealed], 67 See FOREIGN RAILROADS. STATIONS. abandonment of, forbidden, when, . . 95 attorney-general, duty, as to, . . . 95 commissioners to suggest changes, etc., . 126 discrimination in use, forbidden, . . . 126 inspection of commission may have use of locomotive, etc., .... 36 joint occupancy, compensation, ... 95 revision of award by court, . . .95 land taking for, ...... 74 loitering around, ..... 153 name on signs at or near, .... 95 omitting, . . . . " . .95 relocation permitted, when, .... 95 commissioners may recommend, . . 12 STATISTICIANS. commission may appoint, salaries, . . 5 terms of office, etc., ..... 5 STATUTES. application of, to railroads, .... 49 STATUTORY PROVISIONS. as to commissioners' authority, scope of, . 12 STEALING FROM CARS. penalty, ....... 156 STEAMBOATS. Sunday 137 STEAM POWER. used on private railroads, laws applicable, . 163 STEAMSHIP COMPANIES. rates, etc., ....... 8-10 guaranty of bonds, etc., .... 66 supervision by commissioners, ... 10 tickets, deposits by banks, etc., . . 120, 121 purchasers of, in foreign countries, etc , . 166 railroad corporations may acquire, hold and operate, ...... 66 STEAMSHIPS. jurisdiction of commission over, ... 3 INDEX TO RAILROAD LAWS. 331 STOCK. See CORPORATE MATTERS (Capital Stock). STOCK CERTIFICATES. issue, signatures, etc., ..... 68 STOCK DIVIDENDS. forbidden, when, . 66, 67 STOCK ISSUES. commissioners may invoke equitable relief as to, . : 71 STOCKHOLDERS. entitled to new shares, .... notice of, ...... lists of, access to, ..... for tax commissioner, .... may apply to supreme judicial court or superior court for jurisdiction in equity to enforce provisions of certain sections, vote on officers, ...... See CORPORATE MATTERS; STOCKHOLDING; TAXATION. vote of. See BONDS; NOTES; INDEBTEDNESS, EVIDENCES or. STOCKHOLDING, ETC. authority necessary for, ..... branches, subscriptions for shares in, connecting roads, subscriptions for shares in, guaranty of bonds; voting; limit of hold- ings, ...... grain elevators, in; representation, steamship companies, guaranty of bonds, etc., telegraph companies, in; limit of holdings, subscriptions for shares, time for, STOPPING TRAINS. wilfully or maliciously, .... 71 71 16 140 88 r,7 STOPS. at drawbridges, . at grade crossings, omitting, 88 (1C, 66 66 71 155 '.It STREET RAILWAY COMPANIES. alteration of crossings, contributions to, . 19, 20 See also Index to Street Railway Laws. STREET RAILWAYS. grade crossings with, authorization, See STREET RAILWAY COMPANIES; ABOLI- TION GRADE CROSSINGS ; GRADE CROSS- INGS; RAILROAD COMMISSIONERS. See also Index to Street Railway Laws. STREETS. tracks longitudinally in, See HIGHWAYS; WAYS. 17 SUBORDINATES. commission may appoint, salaries, terms of office, etc., ..... SUBSCRIPTIONS. See CORPORATE MATTERS; STOCKHOLDERS. SUIT. assessment of land damages pending, . . 82 SUNDAY LAW. as to trains, no defence to actions, loss of life, as to labor by employees, SUNDAY STEAMBOATS. board may allow, 137 137 112 137 SUNDAY TRAINS. commissioners may authorize, . 137 SUPERIOR COURT. Jurisdiction in Equity. as to law limiting stock or bond issues, to enforce, ...... 71 to enforce lawful orders and decisions of commissioners as to, . . . . 71 to appoint receiver to wind up corporation, . 152 to appoint grade crossing abolition commis- sioners, 21, 22 may consist of members of commission, . 21, 22 to enforce compliance with provisions of crossing abolition law, ... 29 may issue interlocutory decrees and orders, etc., in any county, . *. . .29 to order copies, books or records, exhibited to stockholders, .... 59 In General. application to, for jury as to routes in Boston, 48 for jury in Boston damage suits, . . 49 costs, taxing of, in hearings as to abolition of grade crossings, .... 22 expense for plans may be allowed, . . 22 clerk of, to file abolition crossing decree within thirty days, .... 24 to record in registry of deeds, ... 24 to file with auditor of commonwealth, . 25 damages, in abolition crossing proceedings, may be determined by, ... 25 discontinuance of suits, by leave of court, etc 84 dissolution, decree for, upon application, etc., 151 expressmen, local, equal facilities for, juris- diction to enforce, .... 126 express messengers, tickets for, jurisdiction by injunction, etc., to secure, . . 123 jurisdiction in equity to enforce provisions of certain sections, .... 63 commission, attorney-general, any stock- holder may apply to, ... 63 any interested party may apply to, . 63 jury in, may assess damages for railroad property taken by commonwealth, . 50 may assess damages as to metropolitan parkways constructed over railroads, . 89 justice of, approve fees and expenses of grade crossing abolition commissioners, 22 may compel attendance and testimony of witnesses before commissioners, . . 17 receiver to wind up corporation, appointment of 152 to appoint grade crossing abolition commis- sioners, ...... 21, 22 decision returnable to, decree, ... 24 not to issue until approved by commis- sioners, ...... 31 332 SUPERIOR COURT Concluded. INDEX TO RAILROAD LAWS. to appoint special commission as to alteration of crossing, . . on decision returnable to, decree, . 20 to appoint auditor, duties, report, etc., . 27, 28 SUPERVISION. of accounts, etc., of crossing abolitions, by agreement, of express companies, . of grade crossings, of railroad conditions, operation, property, of rates for milk transportation, of steamship companies, See RAILROAD COMMISSIONERS. SUPREME JUDICIAL COURT. Jurisdiction in Equity. as to appointment, etc., of trustees under mortgages, to summarily remove trustee, etc., and appoint new trustee, . as to gates, flagmen or electric signals, at crossings of ways, as to height of bridges, as to law limiting stock or bond issues, to en- force, as to occupancy of ways by shifting trains etc., as to operation of trains and cars, as to overhead crossing of ways or underpass, as to signboards at crossings of ways, as to signalling approaching trains at over- head crossings, as to unlawful certificate approving location against entry on land until taken, except,' etc., against taking land for railroad until boards have acted, to appoint receiver to wind up corporation, to compel erection of fences, cattle barriers, etc., to enforce compliance with orders, as to block signals, to enforce lawful orders and decisions, as to stock issues, etc., to enforce orders as to separation of railroad grade crossings, to enforce performance of orders as to embank- ments, fences, etc., to enforce provisions of "merger" law, to enforce requirements as to safety couplers on freight trains, to order copies, books or records, exhibited to stockholders, to prevent the abandonment of stations after five years, to prevent crossing of railroads at grade, un- less, etc., . information filed by attorney-general of violations, to prevent substantial diminishing of accom- modation furnished, abandonment of station, to restrain entry on land when damages are in dispute, . to prevent bridge at height of less than eighteen feet, . 14 30 10, 11, 16 18 8-12 134 10 65 65 99 87 71 100 8 90 99 99 72 77 152 84,85 8 71 86 84 46 101 59 95 SUPREME JUDICIAL COURT - Concluded. In General. costs, taking of, in hearings as to abolition of grade crossings, expense for plans may be allowed, discontinuance of suits, by leave of court etc ^solution, decree for, upon application" etc., drawing cars, compensation for, revision of' board's award, . expressmen, local, equal facilities for,' juris- diction to enforce, expresa messengers, tickets for, 'jurisdiction by injunction, etc., to secure, justice of, may confirm election of trustees' etc., hearing, decree, filing, etc., may compel attendance and testimony of witnesses before commissioners, mails, transportation of, compensation, peti- tion by postmaster-general, etc commissioners to hear and determine award, etc., reopening of hearing, revision, award, etc may appoint commissioners to award com- pensation for railroad taken by com- monwealth, receiver to wind up corporation, appoint- ment of, . stations, joint use of, jurisdiction to 'revise award, etc., 22 22 84 151 138 126 123 65 65 17 125 125 125 Public Service Commission Act of 1913. jurisdiction in equity to enforce provisions of certain sections, commission, attorney-general, any stock- holder may apply to, any interested party may apply to, jurisdiction in equity to review, annul, etc., rulings or orders, . . jg 7 procedure prescribed by its rules, 167 terms on which the order shall be stayed, !67, tioner a attorney to file certificate as to probable ground for appeal, etc., 167 double costs if petition not a fit subject for judicial inquiry, . . 167 burden of proof on party adverse to show order invalid, . . jg 7 proceedings to show order invalid to have preference, except, . jg 7 jurisdiction to enforce valid orders of com- ' 50 152 95 63 63 63 168 168 168 168 . proceedinga for preventing threatened vio- lations of law, I e * counsel of commission to act, subject to attorney-general, . . mandamus or injunction may issue, . 168 -IOCS jgg 168 SWITCH CONNECTIONS. to be maintained on application, etc., . 44 45 appeal to commissioners upon failure to install '45 to secure through routes. See THROUGH ROUTE. SWITCHES. commissioners may approve blocking, not blocking; penalty, safety, failure to use, 95 95 95 INDEX TO RAILROAD LAWS. 333 T. TAKING LAND. for crossing alterations, . . . . . 19 for grade crossing abolitions, . . . 24, 25 See LOCATION. TAKING OF RAILROADS by commonwealth, after year's notice, . . 50 TAMPERING. with tools on trains, . . . . .155 TARIFF. between connecting roads, regulated, . 44, 45, 139 for milk transportation, .... 135 revision by board, ..... 135 See FARES; MERCHANDISE; TRANSPORTATION. TAX COMMISSIONER. to apportion expenses upon railroads and railways [repealed], .... 6 See TAXATION. TAXATION. land outside limits of route taxable, . . 76 of foreign railroads, provisions, etc., . . 167 of wires, poles, etc., .... 234-236 Corporate Franchise Tax. annual returns to tax commissioner, . 140, 145 complete list of shareholders, etc., . 140, 145 capital stock, amount of, . . . 140, 145 par and market value of, . . . 140, 145 held as collateral security if, . . 140, 145 detailed statement of works, machinery, etc., 140, 145 whole length of lines, return of, . . 140, 145 length of lines without commonwealth, 140, 145 tax to be paid, how determined, . 141, 147, 148 Tax Commissioner. return of length of line to, . . . 140, 145 to ascertain true market value of shares, 140, 146 cash value to be taken as true value of fran- chise 140, 147 deduction proportional to length outside of commonwealth, . . 140, 141, 147 local valuation to be deemed true value, when 141, 147 corporation to appeal from local valuation, when, 141, 147 may require corporation to prosecute appeal, when, 141, 147 may be heard on such appeal, costs, etc., 141, 147 notice to corporation 'of determination of value, ...... 142 application to assessors for abatement, when 142, 147 appeal to county commissioners, when, 143, 147 valuation of commissioner conclusive, when, 142, 147 to ascertain proportion of tax due cities and towns, ...... 144 notification to treasurers of cities, etc., . 144 certificate to treasurer and receiver-general, 144 returns to, by assessors of property, and taxes laid 142 by corporations holding foreign railroads, provisions, etc., .... 166 Exemption and Apportionment. exemption from local taxation when corpo- rate franchise tax is paid, . 143 TAXATION Concluded. distribution of tax on basis of local owner- ship of shares, ..... 143 if held by co-partners, guardians, etc., how distributed, ..... 144 provisions as to, ..... 144 city or town ownership of stock, return as to, 143 TELEGRAPH COMPANIES. stockholding in, . . . . . .66 TEMPORARY LOANS. for payment damages, by towns, . . .32, 33 for damages, grade crossing abolition, . . 32, 33 application of repayments, . . . 32, 33 debt limit, outside 32, 33 TENDER. to owner, land damages, .... 79 TERMINAL COMPANIES. railroad corporations may acquire, hold and operate, ...... 66 savings banks may invest in bonds of, when, 70 TERMINALS. spurs, branches and, locating, ... 53 TERMS OF OFFICE. of directors, ...... 56 of commissioners, . . . . 1, 2 TESTING. locomotive boilers, of, 110, 111 THROUGH ROUTE. for passengers and freight, may be ordered after notice and hearing, . . . 138 hearing to be had upon complaint, . . 138 line, continuous or connecting, to be formed 138 switch connection or interchange track at connecting points, .... 138 transfer of passengers and property, . . 138 transportation of passengers, etc., operation of cars, etc., ..... 138 power of commissioners to prescribe pro- portionate portions of rates payable, 138 to determine conditions of operation, etc., 138 to grant locations for switch connections, etc 138 responsibility of operation on operating company, whatever ownership of cars, 138 private tracks, switch connections, with, . 138 commission may order, when, . . 138 may grant locations in public ways for, 138 THROUGH TRANSPORTATION. See THROUGH ROUTE. TICKET AGENT. forgery of stamp, ..... 121 TICKETS. commutation, issue of, . . . .119 forgery of, . . . . . . . 121 forms of, etc., subject to approval, . . 116 free. See FREE TRANSPORTATION. to foreign countries, sale of, etc., . . 120, 121 See TRANSPORTATION. trip, on workingmen's trains, . . . 123 334 INDEX TO RAILROAD LAWS. TIDE WATER. damages for crossing, ..... 86 TIME. of taking effect of orders of commission. See ORDERS. TITLE. to rolling stock, to vest in purchaser, when, . 37, 38 TOLLS. charges for. See RATES. TOOLS ON TRAINS. failure to carry, . tampering with; penalty, 108 155 TOWNS. may borrow for payment of damages, cross- ings, when, ..... 32, 33 may receive telephone and telegraph service at reduced rates, unless, . . . 124 may recover over for injuries, etc., . . 156 proportion of expense, abolition crossings, . 22, 23 repayment as part of state tax, route, agreement as to, . . . . 53 See SELECTMEN. TRACK. driving animals on, ..... 153 permitting beasts upon, .... 153 walking or standing on, .... 153 TRACKS. longitudinally in ways, .... 53 damages from, . . . . . 53, 54 relocation, street railway, crossing altera- tions, ...... 24 TRAIN CREWS. insufficient to operate trains, changes may be ordered, ...... 101 TRAINS. at drawbridges, . . . . . . 93, 94 cheap morning, . . . . . .123 mismanagement of , . . . .157 missiles, throwing at, ..... 43 obstruction by; penalty, .... 99 obstruction of; penalty, .... 155 shifting at crossings, .... 98, 100 stoppage of, wilful, ..... 155 Sunday, authorization, .... 137 tools on, failure to carry, .... 108 workingmen's, . . . . . . 123 See EQUIPMENT AND OPERATION; ROLLING STOCK. TRANSFER OF CREDITS. to loan, grade crossing abolition, ... 32 TRANSFER OF SHARES. attachment not to defeat title, etc , . . 58 delivery, record, etc., ..... 58 TRANSIT RATES. See RATES. TRANSPORTATION. In General. all persons and companies, equal facilities to, 126 dead bodies, of, . . . . . . 131 express messengers, season tickets for, . . 132 TRANSPORTATION Continued. liquor into no license towns, . . . of persons or property, under jurisdiction of commission, ..... confinement restricted, .. penalty for violations, . . . unloading, for food, water, etc., . Mails. carriage of United States, required, compensation, and revision of, . 132 3 131 131 131 125 125 Merchandise. discrimination between shippers forbidden, 126, 127 injunction lies against, .... 126 local expressmen, between, forbidden, . 126 penalty for, ...... 127 railroad stations, forbidden between, . 127 equal terms and facilities to all, . . . 126 explosives, transportation of, by, . . . 133 expressmen, local, equal facilities to, . . 126 contracts with, ..... 126 equitable jurisdiction to enforce, . . 126 indemnity required, . . . .126 forwarding promptly according to directions, 127 penalties, and recovery of, . . . . 127 perishable articles, sale of, when, . . 129, 130 petroleum in yard, penalty for leaving, . . 134 rates, establishment by corporation, . .116 legislature may revise, . . . .116 express, ....... 10-12 steamship, ...... 10 receipts to shippers, to give, . . . 125 unclaimed freight, sale of, . . . 129, 130 Milk. connecting roads, receipt from, . . . 134 penalty for not receiving, etc., . . . 135 equal facilities to shippers, .... 134 tariff, establishing; revision by commissioners, 135 Passengers. abandonment of stations, forbidden, . . 95 accommodations, reasonable, for, . . . Ill baggage checks to be furnished, . . . 121 baggage, unclaimed, advertisement, sale, . 122 bicycles to be carried as, . . . . 121 injury to; penalty, ..... 122 dead bodies, transportation regulated, . . 131 disorderly, etc., arrest of, jvithout warrant, . 35, 43 fares, establishment, etc., of, . . .116 arrest for refusing to pay, ... 35 changes in, suggestions as to, . . 12 commutation tickets, issue of, . . . 119 evasion of fare; penalty, .... 42 extra cash fares on trains, . . 118, 119 coupons to be given for repayment, . 118,1 19 penalty for charging excessive, . 118,119 legislature may revise, . . . .116 limited tickets, terms, etc., . . . 121 reduction on certain trains, . . . 121 tickets to foreign countries, sale of, etc., . 120 free passes to state, etc., officers forbidden, . 123 smoking cars, women not required to ride in, 124 Sunday law as to trains, .... 137 trains, cheap morning, etc., to furnish, . . 123 workingmen's trains, ..... 123 trip tickets upon, ..... 123 INDEX TO RAILROAD LAWS. 335 TRANSPORTATION Concluded. Public Warehouseman, liability as, .... 128-130 TRAVEL. of commissioners, within and without the com- monwealth, expenditures for, . . 7 TREASURER. choice by directors, ..... 56 of railroad corporation, penalty for violation of certain sections, .... 63 temporary, appointment of, ... 52 to record bond issues [repealed], ... 61 to swear to annual returns, .... 159 See CORPORATE MATTERS. TRUST COMPANY. to countersign bonds, coupon notes, . . 62 or other evidences of indebtedness, when, . 62 TRUSTEE. damages, release by, . . . . .81 may vote as stockholder on stock held, . . 58 process, common carrier not liable, when, . 134 TRUSTEES. assessment of tax on shares held by, election by bondholders, when, . annual meetings called by, . annual report of, . . . . 144 . 65 . 64, 65 . 64, 65 . 49 operating railroads, subject to general law, may contract with corporation to operate road ....... 64 removal of, equity jurisdiction, ... 65 See CORPORATE MATTERS. TWO RAILROADS. alteration of crossings, proceedings, 85,86 u. UNCLAIMED DIVIDENDS. publication of list, ..... 59 UNCLAIMED FREIGHT sale of 129 UNDULY PREFERENTIAL RATES. See RATES. UNIFORM SYSTEM. of bookkeeping and returns, . . 159, 160 UNIFORMS. of employees, neglect as to, . . . . 112 UNJUST. . rates. See RATES. practices affecting service. See SERVICE. UNREASONABLE SERVICE. See SERVICE. UNSAFE SERVICE. See SERVICE. UNSETTLED CLAIMS. revivor of, . . . . . .83 USE OF LAND. right to, suspended, when, .... 80 y. VACANCIES. in commission, how filled, .... 2 in boards of directors, may fill, when, . . 52 See PUBLIC SERVICE COMMISSION. VACUUM BRAKES. mufflers for, . . . . . . Ill safety valves for, . . . ; .111 VALUATION. of property of common carriers, investigation, etc., of 16, 17 access to books, documents, etc., of state departments, etc., .... 16, 17 revaluation of such property at any time, . 16, 17 VALVES. safety for vacuum brakes, , VARIATION. in route, consent to, to be noted on map, in location, filing, Ill 75 5:5 VESSELS. passage through drawbridges, VETO POWER. of mayor, not affected by act, VIOLATION. of law. See PENALTY. of interstate commerce law, proceedings, VOID. agreement of association, unless, . 127, 128 55 VOLUNTARY ASSOCIATIONS. or express trusts, books, accounts, contracts, examination of, .... 14 records and memoranda, examination of, . 14 trustees under a written instrument or declara- tion of trust, etc., examination, etc., , 14 reports and information as to relations with railroad, street railway, etc., corpora- tions, may be required, ... . 14 examination of books, etc., of partner- ships, etc., under same ownership as railroad, etc., corporations, . . 15 investigation of dealings between railroad, etc., corporations and such partner- ships, etc., ..... 15 reports and information may be required, 15 refusal or neglect; penalty, ... 15 supreme judicial court, jurisdiction in equity as to, . . . . .15 rates and service, recommendations, etc., not affecting interest of such partner- ships, ...... 15 written instruments or declarations of trust, copy filed with commissioner of cor- porations, ..... 162 copy filed with clerk of city or town where located 162 annual statements filed with commissioner of corporations and with commis- sioners, when ; penalty, . . . 162 copies to be transmitted to secretary of commonwealth, publication, . 162, 163 336 INDEX TO RAILROAD LAWS. VOLUNTARY ASSOCIATIONS Concluded, certain corporations not to acquire more than ten per cent of total stock of railroad corporation, ..... 163 name or title not to be like that of public service corporation controlled, etc., 170, 171 commissioners to investigate question of violation of above, penalty, . . 171 violations to be reported to attorney-gen- eral, recovery of forfeiture, injunction, etc., 171 adopted prior to act not affected, . . 171 VOTE. of stockholders. See BONDS; NOTES; INDEBT- EDNESS, EVIDENCES OF. VOTING. proxy, .... upon shares, of corporation, prohibition, w. WAGES. weekly payments, . commissioners may exempt from, when, penalty for non-payment, WAITING ROOMS. supervision of, ...... local authorities may petition, . . WALKING ON TRACK. or standing upon, ..... WAREHOUSEMEN. 'authority of governor, etc., to license, . discontinuance of license, notice of, . notice of license to be given, qualification, notice of, . bond to treasurer and receiver-general, . action on, in name of commonwealth, approval by the governor, notice of, to be given, .... railroad need not give sureties, . books, all transactions to be entered in, open to inspection of interested persons, charges, sales for overdue, when, . affidavit of notice, evidence of, . notice of sales, contents, .... perishable goods, liability of depositor of, service of notice, publication, return, surplus proceeds, payment over of, deputies, appointment, responsibility for, discontinuance as, notice to be given, insurance, duty to procure on request, . railroad as, may itself insure, penalties for unauthorized sales, etc., of goods, forgery, etc., of signature, etc., of goods, 114 114 114 153 128 129 129 129 128 128 128 129 128 129 129 129 130 130 129 130 130 128 129 128 128 130 130 perishable, etc., goods, sale by warehouseman, 129, 130 depositor of, liable for charges, . . .129 disposition of proceeds, .... 129 railroads, obligations as, .... 128 receipts, form and contents, . . . 128 assignment after attachment; penalty, . 130 forging or counterfeiting; penalty, . . 130 grain, description of, title to lots under, . 128 indorsement, delivery, etc., to pass title, . 128 indorsement after attachment; penalty, . 130 WAREHOUSEMEN Concluded. receipts, mixed property, passage of title, by, . 128 negotiable in form, .... 128 non-negotiable, form, assignment of, . 128 sale of perishable goods stored on, . 129, 130 disposition of proceeds, . . . 129 liability of depositor for charges, . .129 WARRANTS. of distress or execution for damages, . . 79 WATER. in cars. See DRINKING WATER. WATERS, NAVIGABLE. crossing, authority, damages, recovery, . 86 86 WATS. alteration of, without authority, injunction, . 90, 91 bridges, over and under, .... 86, 87 alteration of crossings law, to apply, when, 90 change of course of, . . . . .87 discontinuance of, abolition crossings, . . 25 easements in lands adjoining, ... 25 equitable jurisdiction as to, . . . . 90 excavation of unauthorized, . . . 90, 91 lay-out not to obstruct, ... 86 obstruction of, . . . . 90, 91, 99, 100 over railroads, grade crossings, ... 86 consent for, ...... 88 parkways, metropolitan, as to, . . . 88 private railroads over, when, . . . 163 railroads over, raising and lowering, . . 86, 87 damages, security, ..... 87 tracks longitudinally in, .... 53 See ABOLITION OF GRADE CROSSINGS; AL- TERATION OF CROSSINGS; CROSSINGS. WEEKLY PAYMENTS. of wages, , board may exempt from, when, 114 114 WHISTLING. at grade crossings, . . . . . 97, 98 regulation by commissioners, . . . 97, 93 WIRES. poles, conduits, pipes, on railroad locations, taxation of 234-236 WITNESS FEES. not allowed railroad police, .... 36 See WITNESSES. WITNESSES. compulsory attendance of, . . . . 17 required to give evidence, when, ... 14 summoning, oath, fees, etc., ... 17 summoning by inspectors, .... 36 WOMEN. not required to ride in smoking cars, . . 124 WORKWOMEN'S TICKETS. See RATES. WORKWOMEN'S TRAINS. to and from Boston, ..... 123 trip tickets upon, not- withdrawn unless, etc., 123 INDEX TO STREET RAILWAY LAWS, A. ABOLITION OF GRADE CROSSINGS. See CROSSINGS. ABSTRACTS. and tables from annual returns, . . . 249 ABUTTEKS. notice as to connecting locations, . . . 185 See LOCATION, etc. ACCEPTANCE OF LOCATION. by directors, time for, limit, . 173, 185, 206 to run from date of notice of approval by commissioners, . . . 172, 173, 185 ACCESS. to list of stockholders, .... 16 to books, etc., of state departments. See BOOKS AND ACCOUNTS. ACCIDENTS. commissioners to investigate, . . .13 inspectors to investigate, .. . . . 36 notice of 38, 39 inquests on, ...... 39, 40 verbatim report to commissioners, . . 39, 40 bill to be approved, , . . . 39, 40 loss of life through negligence; penalty, . 40-42 of employee, liability, remedies, . . 40, 42 Sunday law, no defence to actions, . . 137 ACCOMMODATIONS. definition, to include waiting rooms, stations, water closets, etc., .... 219 for passengers, commissioners may require, . 218 neglect of, .... 127, 128, 218 See OPERATION. ACCOUNTS. See BOOKS AND ACCOUNTS. ADJACENT CITIES AND TOWNS. connecting cities and towns, etc., . . . 185 extensions into, . . . ... . 185 commissioners to authorize, hearing, etc., 185 See LOCATION AND CONSTRUCTION. ADMINISTRATOR. may vote on stock held by him, . . . 182 ADVICE. of commissioners not to relieve corporate liability, ...... 13 AGREEMENT OF ASSOCIATION. contents of, etc., See CORPORATE MATTERS. 170, 246 ALDERMEN. board of, definition, . . . . ; 169 examination of railway, etc., may petition for, 13 locations, to grant, etc., .... 171 alteration of locations, .... 205 may revoke, when, ..... 206 See LOCATION AND CONSTRUCTION. powers as county commissioners, when, 192, 193 to approve land taking for abolition, . .231 tracks, may order temporary discontinuance of 211 may order removal of, upon voluntary dis- continuance, ..... 210 See TAXATION. ALTERATION OF CROSSINGS. See CROSS- INGS. ALTERATION OF LOCATION. See LOCA- TION AND CONSTRUCTION. ALTERATIONS. of speed rules, .... AMENDMENT. of defective or erroneous returns, . of rulings, by courts, . ANNUAL REPORT. of commissioners, . . 209 250 6,7 ANNUAL RETURNS. to commissioners by directors, . 17, 248, 249 neglect to make; penalty, . . . 249 to lessor, by lessee, etc., .... 249 to assessors, length of track, receipts, etc., . 240 to tax commissioner, length of line, dividends, etc., 233 ANNULMENT. of rulings, by courts, when, .... 250 APPEAL. from local valuations, etc., . . . 236, 237 to commissioners as to commutation tax, . 241 as to express transportation, . . .189 APPLICATION. of corporate franchise tax, . . . 243, 244 of laws as to street railways, . . . 169 Boston Elevated company, etc., excepted, 169, 170 special charters, how affected, . . 169, 170 338 INDEX TO STREET RAILWAY LAWS. APPORTIONMENT . of franchise, etc., tax, ..... 239 See TAXATION. APPRAISALS. of property, stock or bond issues, APPROACH OF CARS. notice of, . . . . . . 213 APPROACHES. in alteration crossings, street railways to con- tribute 19, 20 ARREST. without warrant, by street railway police, . 35 ASSAULTS. upon employees, ..... 43 ASSESSMENT. of betterments, when, ..... 207 on shares; collections; liability; sales, 183, 184 of street widening expense, limit, . . . 207 of corporate franchise, etc., tax. See TAXA- TION. of commutation tax. See TAXATION. of expenses of board upon companies [re- pealed], . . . . . . 5, 6 ASSSESORS. returns of length of line to, . . . . 240 ASSOCIATION. agreement of, contents, etc., . . . 170 See CORPORATE MATTERS. ATTORNEY-GENERAL. to act on report of commissioners, when, 1 1 , 249 to proceed for dissolution of company, when, 202 may apply to supreme, etc., court as to stock and bond issues, .... 230 See also Index to Railroad Laws, ATTORNEY- GENERAL. AUCTION. sale of stock at, when, 230, 231 AUTHORITY. of commissioners to supervise, examine, etc., 8, 14, 127. 128 enforcement of laws by, . . . . 8 notice to companies as to laws, . . . 11 scope of statutory provisions as to, . . 12 See RAILROAD COMMISSIONERS. AVOIDING GRADE CROSSINGS. construction of track outside way, . .231 within limits of way, . . . .231 land may be taken, ..... 231 of highways 192, 193 See CROSSINGS. B. BAGGAGE. street railways, common carriers of, . . 189 authority limited, etc., .... 189 commissioners to approve, . . . 189 See CORPORATE POWERS. BANK COMMISSIONER. duties as to investment in street railway bonds, . . . . 247, 248 lists of companies paying five per cent divi- dends, for, . 248 BETTERMENTS. assessed, when, . stock or bonds for paying, . BLANKS. and forms for returns, . 207 225 17 BLOCK SIGNALS. installation of, ...... 8 equity jurisdiction to enforce, . . . 8 ' injury to signals, ..... 42 BONDHOLDERS. may request examination of books, etc., . 14 See CORPORATE MATTERS. BONDHOLDING. in another company, when, . . . 186,201 not permitted, except, .... 186 BONDS. See CORPORATE MATTERS. BOOKS AND ACCOUNTS. commissioners to examine, .... 14 bondholders may request examination of, . 14 continuance of uniform system, . 14, 248, 249 directors may request examination of, . . 14 examination from time to time, ... 14 by request of directors, etc., ... 14 publication in Boston daily newspaper, . 14 penalty for refusal, ..... 14 forms of, classification, etc., .... 17, 18 to conform to interstate commerce forms, . 18 inspection at any time by commissioners, . 14 list of stockholders, access to, ... 16 neglect to keep, penalty for, ... 16 non-submission, etc., penalty for, ... 16 of common carriers, may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, , . 14 of state departments, access to, in making valuation, etc., ..... 17 publication of statements, ... .14 stockholders may request examination of, . 14 stock books to be kept at principal office in state, . 182, 183 submission to commissioners, ... 16 system to be prescribed by commissioners, 14, 248, 249 BOSTON. alteration of crossings in, commissioners to . act, etc., . \. , . . ' . 18 BOSTON ELEVATED RAILWAY. certain enactments applicable to, . . . 170 exempted from law as to school fares, . . 220 no repeal of provision in act to promote rapid transit, etc., . . .168 nor action inconsistent with prior rights, etc 168 BRAKES. equipment with, commissioners may require, 214, 215 INDEX TO STREET RAILWAY LAWS. 339 BRIDGE ENGINEERS. expert, appointment of, duties, . . . 2, 5 BRIDGE GUARDS. to be built, 212 non-erection of; penalty, .... 212 BRIDGES. appointment of expert bridge engineers, . 2, 5 alteration, discontinuance, town's liability, when 211 building to be approved by commissioners, . 37 examination by experts, .... 37 further examinations, biennial, ... 37 damages, for defective, liability, etc., . . 212 expense of, in crossing alteration proceedings, 18-20 floor systems 'for, ..... 37 guards upon; penalty, etc., . . . 212 opening of, for repairs, etc., . ' . . 211 See OPERATION. BURIAL GROUNDS. location through, punished, .... 173 BY-LAWS. agents or officers, may determine manner of choosing, ...... 180 business, management and conduct of, may determine, ..... 181 meetings, to prescribe time of, . . . 181 to fix manner of calling, . . . 181 may determine quorum, .... 181 operation, as to, by local boards, . . . 209 relief societies, of, approval of, etc., . . 33 stock certificates, signing, to prescribe man- ner of 182 lost, how replaced, may determine, . . 183 treasurer's bond, to fix, .... 179 vacancies, filling, may prescribe manner of, . 180 See also OPERATION. c. CAPITAL STOCK. issue, increase, etc. TER8. See CORPORATE MAT- CAR BARNS. private land locations, to reach, . . . 189 CARS. approach of, notice, as to, . . . 213 disorderly conduct in; penalty, . . . 214 ejection from, for evasion of fares, . . 35, 42 expectoration in, .... 154, 155 fenders, wheelguards, etc., upon, . . 214, 215 heating of, penalty, enforcement, . . . 216 inspection of, . . . . . .36 missiles, throwing at, ..... 43 number and routes, as to, .... 209 obstruction of, on other railways, . . 214 of streets by; penalty, .... 214 platforms for, enclosed when, . . . 216 commissioners to approve; decisions, effect of; penalty 216, 217 regulation of use, ..... 209 of speed, 209 sales by children on; penalty, . . . 214 CARS Concluded. special, fares, etc., ..... 219 sprinkling, use of, ..... 187 to stop at railroad crossings; penalty, . . 213 See ROLLING STOCK; OPERATION. use of, for inspection of lines, ... 36 CASH PAYMENT. for new shares of stock, . . . . 230 CERTIFICATE. before construction, by directors, . . . 184 connecting locations, as to, . . . . 185 extending time for construction, . . 184, 185 extension of franchise, .... 185 incorporation, of, form, fee, . . . 178, 179 of purchasers from receivers, . . 245, 246 operation, preliminary to, . . . . 209 on private land, ..... 191 payment of capital, filing, .... 184 reduction of stock, of, .... 227 private land, as to location on, . . . 191 CERTIFICATE OF INCORPORATION. issue, by secretary of commonwealth, form, fee 178 land damages, to be secured, . . .178 of purchasers from receivers, . . 245, 246 organization to follow issue, . . . 179 original copy to be evidence, . . . 179 certificate, preliminary, of commission, . . 178 recording with agreement, .... 178 surrender of, ...... 245 See CHARTER; CORPORATE MATTERS. CERTIFICATES, STOCK. See CORPORATE MATTERS (Capital Stock). CHANGE OF NAME. See NAME. CHANGES. commissioners to suggest, in stations, fares, etc 12 may be ordered, after hearing, . . . 9, 10 CHARGES. of common carriers, inquiry into, . . 127, 128 for transportation of freight, . . 126, 128 regulation of 127, 128 to be just and reasonable, . . 116, 118 unjust and unreasonable, unlawful, . . 116 heretofore made deemed prima facie lawful, 116 weight of evidence, . . . . .116 for service. See RATES. CHARTER. forfeiture of, when, issuance of, form, fee, . publication of petition for, limitations as to fares, surrender of, . 202 178, 179 50 . 218 245 See CERTIFICATE or INCORPORATION. special, provisions as to, . . . . 50 See PETITION. CHECKS. free, withdrawal of, etc., .... 224 commissioners to approve, .... 224 340 INDEX TO STREET RAILWAY LAWS. CHILDREN. half fares for pupils, sales by, on cars; penalty, when, See PUPILS. 219, 220 214 CITIES. distribution of tax, appeal to commissioners, 241 excise tax payable to, . . . . 241-243 not liable, discontinuance of ways, . .211 route in, in agreement of association, . 170, 246 CITY OFFICERS. complaints by, . . . . . .13 may petition for remedies, when, . . 250 CLERK. of company; election; oath, . . . 179, 180 temporary clerk, duties, etc., . . 171, 179 must be resident of commonwealth, . 179, 180 penalty, ...... 56 to notify of special meetings, ... . 181 CLERK OF THE BOARD. certificate of, preliminary to incorporation, . 178 COAL. transportation of, ..... 187 See CORPORATE POWERS. COLORED PERSONS. no discrimination against, . . . 124, 125 COMMISSIONER OF CORPORATIONS. certificate as to changes in officers to be filed with, 56 See VOLUNTARY ASSOCIATIONS. See also CORPORATE MATTERS (Capital Stock). COMMON OR PARK. location on, forbidden after twenty years, . 173 public parks, lay-out over, restricted, . 173,174 park commissioners may approve, when, . 174 Sec also LOCATION AND CONSTRUCTION (Com- mon or Park). COMMONWEALTH. contribution to grade crossing abolition, provisions as to, .... bonds, sinking fund, etc., . excise tax, payable to, ... COMMON CARRIERS. street railways, of freight and baggage, . authority defined, ..... failure to grant appeal, .... not authorized by consolidation or lease, when, ...... commissioners to approve, .... petition to commissioners, when, . See CORPORATE POWERS. See also Index to Railroad Laws, COMMON CARRIERS. COMMUTATION TAX. See TAXATION. 23 28 31 239 189 189 189 201 189 189 COMPLAINTS. by municipal officers, . by employees; secrecy of, by legal voters, . . . examinations into, when, 13, 250 13 13 9, 10, 13, 118 COMPLIANCE. certificate of, before incorporation, . . 178 before operation, ..... 209 on private land, . . . . .191 CONDITIONAL SALE. of rolling stock, payment, recording, etc., . 37 See ROLLING STOCK. CONDITIONS. and restrictions at grade crossings, . . 18 CONDUITS. ducts, etc., inspection, .... 36 CONNECTING CITIES AND TOWNS. extensions into, . . . . . . 185 See LOCATION AND CONSTRUCTION. CONNECTING LOCATION. application to commissioner?, hearing, . . 185 grant of, conditions, ..... 185 See LOCATION AND CONSTRUCTION; CORPO- RATE POWERS. CONNECTING ROADS. definition, ....... 202 joint use of, ...... 186 commissioners to regulate, . . . 186 consolidation of, approval by commission- ers, 43, 199, 200 express business not authorized by, . . 201 powers and duties after, .... 201 reduction of stock upon sale, . . . 202 vote by stockholders approving, . . 199 See also CONSOLIDATION AND SALE. lease, decision by commissioners, when, . 44 conditions of lease, ..... 202 copy in annual return, .... 249 express business not authorized by, . . 201 terms, approval by commissioners, . 43, 202 See also LEASE. operating contract, approval of, . 45, 201, 202 annual return to include copy, . . . 249 switch connection to secure through route may be ordered . . . .138 rates, conditions, etc., .... 138 CONSENT. to crossings over or under railroad, . . 231 to grade ciossings, ..... 18 CONSOLIDATION AND SALE. approval by commissioners, . . 43, 199, 200 bonds, issue for, ...... 201 capital, increase for, ..... 201 and debt, aggregate of, not to be increased, 201 dissenting stockholders, valuation of shares, etc., 199, 200 exchange of securities for those of selling or merged company, .... 201 express business not authorized by, . . 201 facilities for travel not diminished, . . 109 fares, not to increase, ..... 199 limitation of, ...... 199 of connecting, intersecting, etc., roads, . . 199 by authority of charter, . . . .199 by special act, ..... 199 powers and duties after, .... 201 proceeds, not to be used for dividends unless, . 202 INDEX TO STREET RAILWAY LAWS. 341 CONSOLIDATION AND SALE Concluded, reduction of stock upon sale, . . . 202 terms, approval by commissioners, . 43, 199 valuation of shares of dissenting stockholders, etc., 199, 200 vote by stockholders, two-thirds, approving, 199 CONSTRUCTION. capital, paid in before, .... 184 certificate that capital subscribed, etc., . . 184 corporate powers to cease, if, . . 184, 185 limit of time for, .... 184, 185 on private land 189, 190 location void if, in eighteen months, . 184, 185 manner of, conditions, etc., . . . 172, 173 of track to avoid grade crossings, . . 193, 231 See LOCATION, etc.; CORPORATE POWERS. CONSTRUCTION OF ACT. continuation of existing statutes, etc., . 168, 251 CONSTRUCTION OF STREETS. transportation of material, . . . .187 CONTRACTS. leases, etc., annual return to contain, etc., 201, 248, 249 powers of company, under, .... 202 for operation, time limited, .... 199 conditions, approval, etc., . 43, 45, 199, 200 See also LEASE. of common carriers may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, . . 14 forms of, affecting rates. See RATES. service at rates in certain, no discrimination, unless, ...... 116 CORPORATE FRANCHISE. taxation upon, ...... 233 additional tax if dividends exceed eight per cent 237, 238 See TAXATION. CORPORATE MATTERS. In General. companies subject to parts 1 and 3, . . 169 corporate franchise, taxation of, . . . 233 corporate name regulated, . . . 170, 246 change of, ...... 232 dissolution for issue of stock, etc., by foreign, 202, 203 dividends, proceeds of sale of road for, . . 202 stock, etc., dividends prohibited, . . 227 equity jurisdiction as to, . . . . 250 first meeting after incorporation, . . . 179 foreign corporations, stock held by, . . 202 formation, manner of, .... 170 gauge to be of standard width, . . . 170 locations, acceptance ot, . . 173, 205, 206 by directors, ...... 184 meetings, manner of calling, etc., . . 179-182 officers, changes in, certificate as to, to be filed with commissioner of corporations, 56 property, realty and personalty; limit of holding 185, 186 return by lessee to lessor, annually, . . 249 stockholding in another, authority for, . . 186 CORPORATE MATTERS Continued. Agreement of Association. contents of, 170, 246 capital, to state, .... 170, 246 directors to be subscribers, . . . 170, 246 fifteen or more persons to sign, . . . 170 gauge, to state, ...... 170 length, to set forth, . . . . . 170 name, to set forth, ..... 170 par value of shares, to state, . . . 170 publication and evidence of, ... 171 where published, commissioners may des- ignate, ...... 171 purchasers from receiver, of, . . 245, 246 route, to set forth, ..... 170 secretary of commonwealth, to be filed with 178, 247 subscribers not bound to pay more than ten per cent unless, . . . .170 termini, to set forth 170, 246 towns and cities, to state, . . . 170, 246 Bonds. issue authorized; purpose of; proceedings, . 225 abolition of grade crossings, for, . . . 225 amount limited 227, 228 approval and certification of, ... 228 betterment assessments, paying for, . . 225 branches, for, issue, when, .... 225 conditions precedent to, .... 225 consent of commissioners, . . . 227, 228 decision within thirty days, . . . 228 consolidation, for, ..... 201 electricity, furnishing to towns, for, . . 225 equity jurisdiction as to, application, . . 230 penalty for wrongful vote or issue, . . 230 expert investigation of cost of property, . 2 minimum price at which bonds may be sold, commissioners may prescribe, . . 226 may modify from time to time, . . 226 mortgages to secure previous issues, . 225, 229 pleasure resorts, for, ..... 225 power houses, car houses, park buildings, rolling stock, etc., for, . . . 225 premiums, cash, added to par value of capi- tal in computation, . . . .61 proceeds, application of, .... 228 purchase, in case of, for, .... 201 savings banks may invest in, when [re- pealed] 247,248 pledged to as collateral [repealed! , 248 secretary of commonwealth, certificate filed with 228 sinking fund, may require establishment of, etc., 226 may designate a Massachusetts trust com- pany as trustee of fund, . . . 226 agreements between company and trust company valid when approved by com- missioners, ..... 226 stockholders to authorize, .... 229 working capital, issue of bonds for, amount not to exceed five per cent of par value of capital stock outstanding, . . 226 commissioners to determine amount of bonds necessary 226, 227 security of bonds previously issued not to be unreasonably reduced, . . . 227 342 INDEX TO STREET RAILWAY LAWS. CORPORATE MATTERS Continued. Books and Accounts. directors may request examination of, . . 14 examination by commissioners, . . . 14 by request of directors, etc., ... 14 publication in Boston daily newspaper, . 14 penalty for refusal, ..... 16 inspection at any time by commissioners, . 14 list of stockholders, access to, . 16 neglect to keep, penalty for, publication of statements, .... 14 stock books, to be kept at principal office in state, 182, 183 submission to commissioners, ... 14 non-submission, etc., penalty for, . . 16 uniform system, continuance of, . . 14, 249 By-laws. adoption of, . . . . . .179 agents or officers, may determine manner of choosing, ...... 180 business, management and conduct of, may determine, ..... 179 meetings, to prescribe time of, . .181 to fix manner of calling, .... 181 may determine quorum, .... 181 stock certificates, signing, to prescribe man- ner of, 182 lost, how replaced, may determine, . . 183 treasurer's bond, to fix, .... 179 vacancies, filling, may prescribe manner of, . 180 Capital Stock. amount required per mile, .... 170 assessment on shares; collection; liability; sales 183, 184 certificate of payment in, filing of, . . 184 certificates, each stockholder entitled to, . 182 lost or destroyed, replaced when, . . 183 bond to indemnify company against loss, . 183 directors to determine conditions of new issue, 183 delivery of certificate sufficient to transfer title, 182 dividend due to holder of record until, . 182 new, when transferred as collateral secu- rity if, 182 not to issue until par value has been paid in cash, 183 provisions as to, .... 182, 183 shares, number of, to show, . . . 182 equity jurisdiction as to, . . . 230 foreign corporations, held by, . . . 202 increase authorized, ..... 225 approval of commissioners, . . . 225 auction, sale at, when, .... 230 commissioners to determine amount . . 225 cash payment for new shares, . . .231 certificate for, filed with secretary of com- monwealth, 228 consolidation, for; limit, .... 199 expert investigation of cost of property, . 2 grade crossings, for abolition of, . . 225 market value, offered for not less than, . 230 new shares, stockholders entitled to, . . 230 notice to stockholders of, . . . 230, 231 par, new shares for not less than, . .231 pleasure resorts, to acquire, , . . 225 CORPORATE MATTERS Continued. issue of, and amount, . . . 183, 227, 228 approval of commissioners, . . . 227 certificate of, filing, ..... 228 equitable relief as to, board may invoke, . 230 expert investigation of cost of property, . 2 for consolidation, .... 199, 200 on domestic franchises regulated, . . 202 preferred stock, authority to issue, . . 70 subject to all special laws governing issue, 70 certificates to include by-law or vote of cor- poration authorizing issue, . . 70 issue by two-thirds vote of common stock- holders 228 preferences, rights, restrictions and limita- tions to be approved by commissioners, 228 shares may be issued in lieu of outstanding common shares, .... 228 aggregate par value not to exceed aggre- gate par value of common stock ex- changed, 228 classes of, to be designated by name ap- proved by commissioners, . . . 228 certified copies of votes creating classes to be filed with commissioners, . . 228 also with commissioner of corporations, . 228 each certificate to contain reference to all votes and description of preferences, etc 228, 229 voting power of stock, limitations, may be approved by commissioners, . . 229 aggregate amount not to exceed twice the amount of outstanding common stock, 229 every class to be made subordinate, etc., to every previously created class, . . 229 shares to be offered first to common stock- holders, 229 shares unsubscribed, etc., to be offered existing holders of preferred stock, etc., 229 remaining shares may be sold, etc., . 229 holders of preferred stock entitled to new shares of common stock, when, . . 229 premiums, cash, added to par value of, in computation, when, . . . . 61 price of new shares, commissioners to fix [re- pealed], 230 determined by stockholders, ... 68 not less than par value, ... 68 new shares to be offered proportionately to stockholders, .... 68 notice to stockholders of record, . . 68 subscription within fifteen days, to be paid in cash, ...... 68 auction sale, ...... 68 approval of issue by commissioners, . 68 refused if, price so low as to be incon- sistent with public interest, . . 68 proceeds, application of, . . . 225, 230 provisions of certain sections to apply, . 225 subscriptions for shares, time for, . . 230 par. issue for, only, ..... 183 value to be one hundred dollars, . 170, 246 payment in before certificate, . . . 183 before incorporation, .... 178 construction, before beginning of, . . 184 directors liable till paid in, etc., . . 184 penalty for wrongful vote or issue, . . 230 purchasers from receiver, of, ... 246 reduction, commissioners may authorize, . 227 certificate of, filing with secretary of com- monwealth, ..... 227 INDEX TO STREET RAILWAY LAWS. 343 CORPOEATE MATTERS Continued. reduction, directors' liability, . . . 227 distribution of proceeds regulated by com- missioners, ..... 227 sale, upon, dividends prohibited unless, . 202 vote of stockholders for, .... 227 stock books, to be kept at office in state, . 182, 183 competent evidence in all courts, . . 183 equity jurisdiction to enforce, . . . 183 officers liable for refusal or neglect to ex- hibit 183 stock issued only for cash, . . . .183 transfer of shares; record; new certificates, . 182 transferred as collateral security, certificate when 182 pledgee entitled to, when, . . . 182 pledgor alone liable and entitled to vote, . 182 working capital, issue of stock or bonds for, . 226 amount not to exceed five per cent of par value of capital stock outstanding, . 226 commissioners to determine amount of bonds necessary, . . . 226, 227 security of bonds previously issued not to be unreasonably reduced, . . . 227 Certificate of Incorporation. issue by secretary of commonwealth, form, fee 178 land damages to be secured, . . .178 of purchaser from receiver, .... 246 organization to follow issue, . . . 179 original copy to be evidence, . . . 179 preliminary certificate by clerk of board, . 178 recording with agreement, etc., . . . 178 surrender of, ...... 245 Construction. See LOCATION AND CONSTRUCTION. Corporate Powers. See below. Directors. abolition of crossings, may petition for, . 21 acceptance of locations by, when, . . 185 alteration of crossings, may petition for, . 18 agreement of association, to publish, . . 171 names to be set forth in, . . . . 170 number to be named in, . . . . 170 subscribers to agreement, to be, . . 170 annual choice by stockholders, by ballot, . 179 books and finances, may request examination, 14 capital stock, duties as to, . . . 183, 227 increase of, duties as to, . . . 230, 231 penalty for wrongful issue, . . . 230 personally liable, when, . . . 184, 227 reduction, distribution of proceeds, . . 227 clerk and treasurer, to appoint, . . . 171 construction, preliminary certificate before, . 184 duties and powers in general, . . 171, 172 annual report to commissioners; oath, 248, 249 capital stock, duties as to, . 183, 184, 227, 230 liability till capital paid in, . . . 184 clerk, temporary, appointment of, . . 171 to attest proceedings, etc., . . . 179 of company, to elect, . . . .179 construction, preliminary certificate before, 184 first meeting, to call, .... 179 treasurer, to elect, ..... 179 CORPORATE MATTERS Continued. meetings of, ...... 182 may be within or without commonwealth, . 182 waiver of notice, filing of, ... 182 organizations purchasing from receiver, of, . 246 personal liability until payment of capital, . 184 capital stock, in case of reduction of, . . 227 stock, etc., dividends, liability as to, . . 227 stock certificates, to determine, conditions of new issue, . . . . 183 stockholders, to be, unless, .... 179 subscribers to agreement, etc., . . 170, 246 treasurer, to appoint, ..... 179 vacancies among officers, to fill, . . 171, 181 Dissolution. for issue of stock by foreign owner, . . 202 majority of stockholders may petition for, . 244 supreme or superior court, jurisdiction, . . 245 notice and hearing, decree, .... 244 continuance as body corporate, three years, . 244 suits, prosecution or defence, of, . . 244, 245 jurisdiction in equity to appoint receiver, . 245 receiver, application for, rights, duties, . . 245 debts, payments, proof, distribution, etc., . 245 balance remaining, distribution, etc., . . 245 surrender of charter, certificate, . . . 245 majority of stockholders may apply, . . 244 publication of notice, .... 245 secretary of commonwealth, duties, . . 245 return to secretary of commonwealth, . . 245 sale of railway by receiver, rights pass to purchaser, .... 245, 246 municipal liabilities assumed, . . . 246 mortgagees, rights unimpaired, . . . 246 formation of new company, agreement, etc., 246 name, termini, capital, etc'., . . . 246 certificate of incorporation, recording, 246, 247 powers of company to cease, unless, . 247 Dividends. due to holder of record until, . . . 182 exceeding eight per cent, additional tax when 237, 238 proceeds of sale of road for, .... 202 prohibited unless stock is reduced, . . 202 return of, to tax commissioner, . . . 233 stock or scrip, etc., prohibited, . . . 227 directors liable, penalty recovered by in- dictment, ..... 227 not liable if dissent in writing is filed, . 227 unclaimed, publication of list, . . . 183 Foreign Corporations. capital stock held by, ..... 202 issuing stock on domestic company, dissolu- tion, ...... 202 bonds, issued upon, dissolution unless, . 202 jurisdiction in equity to enforce, . . 202 attorney-general may proceed, . . . 202 not to affect prior rights, . . . 202, 203 Location. establishment of corporation to follow, . See LOCATION AND. CONSTRUCTION. Meetings. annual, time, place, fixed by by-laws, . to be held within commonwealth, 178 181 181 344 INDEX TO STREET RAILWAY LAWS. CORPORATE MATTERS Continued. annual, notice fixed by by-laws unless, . . 181 majority in interest a quorum unless, . 181 purposes of meeting to be stated, . . 181 waiver of notice, . . . . .181 warrant of justice of peace when, . . 181 of directors, within or without the common- wealth, 182 without notice when, .... 182 waiver of notice to be filed, . . . 182 first, calling after incorporation, . . . 179 manner of calling, ..... 179 proxy voting, regulation of, . . . 181, 182 special, calling by clerk, .... 181 voting by stockholders, . . . 181, 182 by persons in fiduciary capacity, . . 182 on shares of company's own stock pro- hibited, 181 Mortgages, authorized; purposes of, .... 225 bonds to secure, ...... 225 railroad laws, part II., sections 48-56, appli- cable, .225 receiver, sale by, not to impair powers under, 245, 246 Notes. coupon, and other evidences of indebtedness, 227, 228 consent of commissioners; decision, . 227, 228 equity jurisdiction to enforce, . . . 230 issue authorized, .... 227, 228 limit of issue, ...... 229 proceeds, application of, . . . . 228 Officers. choice or appointment, prescribed by by-la wa, except, ...... 179 changes in, certificate to commissioner of cor- porations, ..... 56 penalty for neglect, ..... 56 clerk, election and oath, . . . 179, 180 must be resident of commonwealth, . 56, 179, 180 penalty, ...... 56 special meetings, to call, . . . .181 temporary clerk, appointment and duties, . 171 179, 180 directors. See above. president, choice of, by directors, . . 179, 180 director, to be a, . . . . 179, 180 treasurer, election and bond, . . 179, 180 bonds, to record [repealed], . . . 60, 61 temporary treasurer, appointment and du- ties, 171 Organization. first meeting of incorporators, . . notice signed by majority of directors, recorded on records of company, . waiver of notice by all incorporators, by adoption of by-laws, . . . election of not less than five directors, temporary clerk to attest records until, officers to be chosen, .... duties of, ..... of purchasers of road from receiver, . CORPORATE MATTERS Concluded. Returns. annually, to commissionera ; oath, . 248, 249 amendment of defective or erroneous, . 17, 249 blanks to be furnished, ... 17, 249 system prescribed by commissioners, . 17, 248 forms to conform to those of interstate com- merce commission, . . . . 17 contracts, leases, etc., to contain, . . 249 dividends and length of line, of, to tax com- missioner, ..... 233 earnings and length of track to assessors, . 240 form, changes in, to be communicated to companies, . . . . .249 lessee to make returns to lessor, . . . 249 liable to lessor for failure, . . . 249 lessor responsible for correctness, . . . 249 penalty and proceedings for neglect, . . 249 tables and abstracts, transmission of, . 6, 249 Stockholders. books and accounts, may request examination of ........ 14 bonds, vote for issue of, .... 229 capital stock, vote for reduction of, . . 227 proceeds, distribution among, . . . 227 consolidation or lease, vote for, . . 201, 202 lists of, access to, by commissioners, . . 16 may apply to supreme, etc., court as to stock and bond issues, .... 230 majority to approve leases, .... 202 two-thirds to approve consolidation or sale, 199 two-thirds to approve change of name, . 232 may apply for surrender of charter, . . 245 may petition for dissolution, . . . 244 meetings of, ...... 181 new shares, entitled to, .... 230 cash payment for, ..... 230 notice of, ...... 230 special meetings, may request, . . . 181 stock certificate, each stockholder entitled to, 182 votes at meetings, 181, 182 Taxation. corporate franchise, etc., tax. See TAXATION. CORPORATE NAME. regulated, change of, etc See NAME. 170, 246 232, 233 CORPORATE POWERS. authority to construct, maintain and operate railway ...... 184, 185 commissioners may extend time, after notice and hearing, . . . 184, 185 building within eighteen months or powers to cease ...... 184, 185 certificate that due diligence has been exer- cised, etc., ..... 185 baggage, freight, express matter, may con- vey, ...... 189 commissioners to approve extent of use, etc., 189 certificate of public necessity and conven- ience ....... 189 consent of local authorities necessary, . 189 laws as to common carriers to apply, . 189 IISTDEX TO STREET RAILWAY LAWS. 345 CORPORATE POWERS Continued, baggage, military supplies, may transport, 187, 188 milk and cream, may transport, . . 188 regulations and restrictions, . . . 189 commissioners to approve, . . .189 United States mail, may carry, . . 187 connecting or "missing link" locations, . 185 abuttera notified by publication or other- wise, . . 185 application to commissioners within thirty days of refusal, etc., .... 185 commissioners may enter decree granting lo- cation, to prescribe appliances, condi- ditions and obligations, . . . 185 filing of written acceptance of location within thirty days, or void, . . 185 notice and hearing, to local authorities, etc., 185 extension of authority to operate in adjoining towns, etc., ..... 185 commissioners to certify to public necessity and convenience, .... 185 certificate to be filed with secretary of commonwealth, .... 185 general laws as to location, construction, etc., to apply, ..... 185 gravel, street sweepings, snow, ice, etc., may convey, ...... 187 coal and other supplies, may convey, . 187 consent of local authorities, . . . 187 contracts with cities and towns, for trans- portation, may make, . . .187 with Massachusetts highway commission, 187 material for construction, grading, repair- ing streets, ..... 187 joint use of tracks, permission for, . . 186 commissioners to determine extent of such use 186 rules and regulations fixed by commission- ers, ....... 186 may purchase necessary real and personal estate 185, 186 not to hold stock or bonds of another com- pany unless, ..... 186 motive power, electricity, or other, may be used 186 commissioners to determine, . . . 186 pleasure resorts, may acquire, hold, main- tain, etc., 186 admission to grounds to be free, . . 186 commissioners to approve purchase, etc., . 186 intoxicating liquors not to be sold on grounds, ...... 186 land not to be sold without approval of commissioners, ..... 186 stock or bonds for, issue of, . . . 225 subject to restrictions imposed by local authorities, ..... 186 commissioners to approve, . . . 186 street sprinkling cars, may be used on tracks, 187 companies may contract to furnish power, etc 187 extent of use regulated by commissioners, . 187 regulations and restrictions, to make, . 187 Receiver. appointment of, by supreme or superior court 245 sale, etc., of property by court'.s order, . 245, 246 not to impair mortgages, .... 246 CORPORATE POWERS Concluded. organization upon purchase from, . . 246 agreement of association, record of, . . 246 subscribers to, ..... 246 capital stock, limit of, . . . . 246 organization upon purchase from, certificate of incorporation, .... 246 cities and towns, where located, to be given, 246, court ordering sale, dates, etc., . . 245, 246 directors, number and names, . . . 246 failure to organize, effect of, . . 247 length of railway to be given, . . . 246 name to be assumed, .... 246 corporate name of former owner, . . 246 rights and duties, ..... 246 termini to be stated, .... 246 to pay debts and distribute surplus, . . 245 CORPORATIONS. formation of, . . . . .170 after receiver's sale, .... 246 See CORPORATE MATTERS. commissioner of, certificate as to change in officers to be filed with, ... 56 COUNTY COMMISSIONERS. appeal to, as to local valuations, . . . 236 powers of, exercised by selectmen when, . 193 decision, necessity, in alteration crossing pro- ceedings, ...... 18 commissioners to act as, in Boston, alteration of crossings, ..... 19 COUPON BONDS. or registered, COUPON NOTES. issue of, 225 227, 228 COURT. See SUPREME JUDICIAL COURT; SUPERIOR COURT. CREAM AND MILK. transportation of, ..... 188 CRIMES BT AND AGAINST. accommodations, neglect of, ... 218 annual returns, neglect to make, . . . 249 books, neglect as to, . . . . . 16 bridge guards, non-erection of, . . . 212 capital stock or bonds, for wrongful issue, . 230 children, allowing sales by, .... 214 crossings, stopping of cars at, ... 213 disorderly conduct on cars, .... 214 divulging information, when, ... 14 electricity, unlawful use or diversion of, 203, 204 employees, assault upon, .... 43 loss of life of, . . . . . .40 obstructions by, . . . . .214 platform enclosure, neglect of, . . . 217 equitable remedies against, .... 249 attorney-general to proceed, when, . . 249 petitions of municipal authorities for, . 249 expectoration in cars, stations, etc., . . 154 explosives, placing on tracks, . . . 214 fares, evasion of, ..... 42 school pupils, refusal of half rates, to, 219, 220 heating cars, neglect of, .... 216 injury to block signals, .... 42 346 INDEX TO STREET RAILWAY LAWS. CRIMES BY AND AGAINST Concluded. life, endangering, by obstruction of tracks, . 214 loss of, recovery, ..... 40, 41 loitering in stations, ..... 214 loss of life, negligently causing, ... 40 missiles, throwing, at cars, etc., ... 43 passes, as to, . . . . . 219 non-removal of tracks on revocation, . . 207 platforms, failure to enclose, . . . 217 poles or wires, destruction of, . . 198, 199 regulations as to speed, etc., violation of, . 209 signals, injury to, ..... 42 streets, or cars of other railways, obstruction of 213, 214 tracks, obstruction of, endangering life, . 214 use of, neglect of regulations, . . . 209 transfers, misuse of, . . . . . 225 ways, use of, regulations; penalty, . . 209 See PENALTY. CROSSINGS. In General. of steam railroads, regulated, . . 18, 213 overhead structures, consent of commissioners, 231 over or under ways, consent to, . . .86 aldermen or selectmen may authorize, . 231 Massachusetts highway commission may authorize, ' . . . . .231 on ways, authorization, .... 231 stopping cars within one hundred feet of, . 213 private tracks, commissioners may suspend requirement, when, .... 213 branch, spur or siding of railroad, commission- ers may suspend, when, . . . 213 Abolition of Crossings. directors may petition for, .... 20 appointment of special commission, . . 21, 22 members of commission may be appointed, 22 auditor, appointment, duties, . . .27, 28 companies to be made parties, ... 22 contribution toward cost, provisions as to, . 22-24 costs, taxing of, etc., ..... 22 plans, cost of, discretion to allow, . . 22 expense, of changing track included in cost, 23 assessment of, upon companies, . . 22, 23 right of appeal for revision, ... 23 commonwealth not to be assessed when, . 23 additional assessment on companies, . 23 reimbursement, if locations are changed, etc 23 amount to be ascertained by commis- sioners, ...... 23 expenditure of, commissioners to approve, 23 highway, expense of, to contribute, when, . 23 reimbursement, when, how expended, . 23 location and grades, changes in, determina- tion, 24 decree of court to establish, ... 24 equity jurisdiction to enforce, ... 29 or avoidance of, approval of commissioners, when 193,231 companies considered railroad corporations, when 193 party to, may petition, .... 22 payments by commonwealth, etc., . . 31 purchase of land for, . . . . .231 description to be filed, . . . .231 track outside way, construction, . . 231 within limits of way, when, . . . 231 CROSSINGS Concluded. report of commissioners; approval, . . 31 stock or bonds for, .... 24 transfers to loan, etc., .... 32 valuation of property, assessment deemed part, 24 payment of assessment, stock or bonds for, 24 Alteration of Crossings. award, street railways included, etc., . . 18 county commissioners to decide as to neces- sity 18 in Boston, commissioners to act, . . 18 cost, percentage of, ..... 18, 19 expense, recovery of proportion of, . . 20 may ask for commission, .... 20 neglect; remedy; action of contract, to re- cover, ...... 20 special commission, appointment of, . . 20 one member selected from commission, . 20 shall make award, ..... 20 revision of award, application, etc., . . 20 equity jurisdiction to enforce, . . .20 to share expense of bridge, .... 18-20 as to approaches, etc., . . . . 19, 20 Grade Crossings. of railroads, commissioners to consent, . . 18 cars stopped within one hundred feet of, . 213 conditions and restrictions as to, . . 18 regulations as to, . . . 18, 213 of highways, . . . . . .193 proceedings for abolition, .... 193 companies considered railroad corporations, 193 abolition or avoidance, land takings for, . . 231 aldermen or selectmen to approve, . . 231 commissioners to approve, . . .231 plan, notice, hearing, etc., . . . 231 purchase of land for, . . . .231 land of railroad or other street railway taken 231 commissioners to adjudicate, . . . 231 deed and plan to be filed, . . .231 damages, railroad law to apply, . .231 private land location, for avoiding, . .231 COUNSEL. commission may appoint, duties, etc., free transportation, when, D. DAMAGES. for defective bridges, liability, etc., for defective ways, for land taking, etc., . for loss of life through negligence, liability for, employer's, . 7 7, 250 124 . 212 . 212 76-83, 193 . 40-42 102-108 DEATH. employees, from negligence, recovery by, when, . . , . . . . 40-42 executor, etc., to sue for, .... 40, 41 limitation of actions, etc., . . . 40,41 parties beneficially entitled, . . . 40, 41 from negligence, recovery for, . . . 40, 41 due care prerequisite, . . . . 40, 41 INDEX TO STREET RAILWAY LAWS. 347 DEBTS. to be paid by receiver, etc., 245 DEED AND PLAN. filing, abolition crossings, DEFECTIVE RETURNS. amendment of, . 17, 249 DEFINITIONS. street cars, as to platforms, . . . 216, 217 board of aldermen, extension, location, orig- inal, public way, railway, selectmen, street railway, ..... 169 railroads and railways, ... 48, 169 DIRECTORS. acceptance of locations by, .... 185 agreement of association, to publish, . . 171 number to be set forth in, ... 170 abolition of crossings, may petition for, . 21 alteration of crossings, may petition for, , 18 annual choice by ballot, .... 179 books and finances, may request examination, 14 capital stock, duties as to, . penalty for wrongful issue, personally liable, when, increase, duties as to, 183, 227, 230, 231 . 230 184, 227 227 reduction, distribution of proceeds, . . 227 clerk and treasurer, to appoint, . . . 171 construction, preliminary certificate before, . 184 duties and powers in general, . . 171, 172 annual return to commissioners, . . . 248 first meeting, to call, ..... 179 liable until capital is paid in, . , . 184 when capital is reduced, .... 227 meetings of, ...... 182 officers, to elect, ..... 179 organizations purchasing from receiver, of, . 246 president to be a director, .... 179 return, annual, to commissioners, . . . 248 subscribers to agreement, etc., . . 170, 246 stock certificates, to determine conditions of new issue, ..... 183 stock dividends, liability as to, . . . 227 stockholders, to be, unless, .... 179 vacancies among officers, to fill, . . 171,181 See CORPORATE MATTERS. DIRT. transportation of, ..... 187 DISCONTINUANCE. may be ordered temporarily, . . . 211 track removal upon, etc., .... 210 ways, of, city or town not liable for, . . 210 repairs on, ...... 211 discrimination, service under certain contracts not to constitute, unless, . . .116 DISORDERLY CONDUCT. in public conveyances, .... 214 DISSOLUTION. for issue of stock by foreign owner, . 202, 203 of companies, petition, etc., . . . 244 See CORPORATE MATTERS. DISTRICT POLICE. explosives, transportation, jurisdiction trans- ferred to, 133 to enforce laws as to car heating, . . . 216 to enforce weekly payment law, . . .114 DIVIDENDS. due to holder of record until, . . . 182 exceeding eight per cent, additional tax when, 238 proceeds of sale of road for, .... 202 prohibited unless stock is reduced, . . 202 return of, to tax commissioner, . . . 233 stock, etc., prohibited, .... 227 directors liable, penalty recovered by in- dictment, 227 not liable if dissent in writing is filed, . 227 unclaimed, publication of list, . . . 183 West End Street Railway Company, of [re- pealed], 247 DOMESTIC CORPORATIONS. stock held by foreign, . . . issue of stock upon, dissolution, DUE CARE. prerequisite, injuries, etc., 202, 203 202, 203 DUTIES. directors. See DIRECTORS. inspectors, of, . lessees, of, . purchases from receiver, of, street railways after consolidation, of, E. EJECTION. from cars, for evasion of fares, 40,41 36 202 246 201 . 35, 42 ELECTRICITY. cities and towns may furnish, when, . . 203 not to manufacture for operation of cars, . 203 motive power for cars, . . . .186 towns may purchase, when, . . . 203 commissioners to approve terms, . . 203 contracts limited to ten years, . . . 203 delivery for distribution of, ... 203 manner of distribution fixed by commissioners, 204 meters to be part of distributing system, . 204 municipal lighting laws, to apply when, 203, 204 price, commissioners to fix if disagreement, . 204 selectmen, application to commissioners, . 204 Transmission of. construction of lines on public ways, under water, etc ...... 194 locations granted by local authorities, petition, hearing, etc., ..... 194 increase in number of poles, wires, etc., 194, 195 order granting increase to be recorded, etc., . 195 attachment of wires to poles, piers and abut- ments of another owner, when, . 195, 196 marking of poles, piers, abutments, etc., . 196 cutting of wires, notice, etc., . . 196, 197 insulation of poles, warning, etc., . . . 196 ordinances, regulations, etc., to be approved by commissioners, . . . , 197 348 INDEX TO STREET RAILWAY LAWS. ELECTRICITY Concluded. commissioners may grant location upon re- fusal or neglect of local authorities, . 197 hearing, order, etc., copy to clerk of cities or towns, 197, 198 unlawful diversion of electricity, penalty, etc., 198 destruction of meter, pipe, wire, line, pole, etc., 198, 199 ELEVATED RAILWAY. petition for charter to general court, 50 EMERGENCY TOOLS. equipment with, commissioners may re- quire ...... 214, 215 EMINENT DOMAIN. land taking by, ...... 192 companies considered railroad corpora- tions, when, ..... 193 limitation, ...... 193 subject to railroad laws, .... 193 See PRIVATE LAND. EMPLOYEES. assaults upon; penalty, .... 43 bond not required of, . . . . .113 complaints by; secrecy of, . . . . 13 day's work for, .... 112, 113, 217 holidays, etc., exceptions, . . . 217 rest, one day in seven, . . . 1 12, 1 13 death from negligence, recovery by, when, . 40-42 executor, etc., to sue for, . . . 40, 41 limitation of actions, etc., . , .40,41 parties beneficially entitled, . . . 40, 41 employers' liability, etc., . . . 103-108 free or reduced transportation, . . . 116 obstructions by, ...... 214 platform enclosure, neglect of, . . 216, 217 recommendation by public officers, . .113 relief societies, report to commission, etc., . 33 weekly payment of, . . . . 114 See Index to Railroad Laws, EMPLOYEES. EMPLOYERS' LIABILITY. provisions as to, . . . . 103-108 ENFORCEMENT OP LAWS. by commissioners, .. by courts, equity jurisdiction, 8 250 ENTRY. on premises of common carriers, etc., . . 36 EQUIPMENT. In General. block signals, installation of, ... 8 equity jurisdiction to enforce, ... 8 brakes, equipment with, commissioners may require, ...... 214 bridge guards, to erect, .... 212 emergency tools, equipment with, commission- ers may require, .... 214 fenders and wheelguards, equipment with, . 214 heating of cars required, .... 216 motive power, commissioners to decide, . 186 steam, not permitted, .... 186 of common carriers, inquiry into, . . 127, 128 inspection of, etc., .... 36 EQUIPMENT Concluded. Rolling Stock. attachment of, restrictions as to, . . . 38 void unless other property first demanded, 38 conditional sale of, ..... 37, 38 acknowledgment, recording, fee, . . 37, 38 general laws not to apply, ... 38 name of owner, etc., to bear, ... 38 payment of price, record, fee, ... 38 car heating, neglect, ..... 216 inspection of, ...... 36 number and routes of cars, regulated, . . 209 obstruction of cars by other railways, . . 214 stations, and, suggestions as to, . . . 12 Waiting Rooms. commissioners may supervise, ... 12 complaints by local authorities, . . 13 EQUITABLE RELIEF. See SUPREME JUDICIAL COURT; SUPERIOR COURT. EQUITY JURISDICTION. See SUPREME JUDICIAL COURT; SUPERIOR COURT. ERRONEOUS RETURNS. amendment of, . . . . . 17, 249 ESTABLISHMENT OF CORPORATION. to follow location, ..... 178 EVASION. of fares; penalty, ..... 42 passenger may be ejected for, . . . 35, 42 may be arrested by street railway police, . 35 EVIDENCE. at inquests, verbatim report for commissioners, 39, 40 expenses of, approval, etc., ... 40 fees, etc., at, ......' 40 EXAMINATION. into complaints by commissioners, when, 9, 10, 13, 118 of books and accounts by commissioners, . 14 See BOOKS AND ACCOUNTS. of bridges, by experts, .... 37 of relief societies, etc., by commissioners, . 33 EXAMINATIONS. at inquests; direction by inspectors, . . 36 EXCISE TAX. on earnings of roads, .... 240, 241 application to repairs, etc., of ways, . 243, 244 payable to cities and towns, . . 243, 244 revision of, by commissioners, . . . 241 See TAXATION. EXECUTOR. to sue for damages, death of employees, . 40 may vote on stock held by him, . . . 182 EXEMPTION. from local taxation, when, .... 239 See TAXATION. Boston Elevated railway, as to school fares, 220 EXPECTORATION. in cars, waiting rooms, etc., 154, 155 INDEX TO STREET RAILWAY LAWS. 349 EXPERTS. employment by commissioners, exemption from civil service, to examine bridges, to make appraisals of property, free transportation of, etc., . 2-5 4 37 2 124 EXPLOSIVES. carrying, regulated, ..... 133 placing, on tracks prohibited, . . . 214 transportation of, under jurisdiction of district police 133 EXPRESS BUSINESS. authority defined, ..... 189 commissioners to approve, .... 189 petition to commissioners, when, . . 188, 189 not authorized by consolidation or lease, 201, 202 See CORPORATE POWERS. EXPRESS COMPANIES. supervision of, by commissioners, . . 10 operating on railroads, street railways, etc. See Index to Railroad Laws, EXPRESS COMPANIES. EXTENSION. definition, ....... 169 EXTENSION OF FRANCHISE. into adjoining towns, ..... 185 certificate, filing with secretary, . . . 185 EXTENSION OF TIME. for constructing and operating, etc., railway, 184, 185 See CORPORATE POWERS. EXTENSIONS. adjacent cities and towns, in, . 185 bonds for, ....... 225 connecting cities, etc. (connecting location), . 185 application to commissioners, hearing, . 185 location, granting, conditions, . . . 185 local extension, approval of, ... 204 petition, hearing, notice, .... 204 See LOCATION AND CONSTRUCTION; CORPO- RATE POWERS. F. FACILITIES. not diminished by consolidation, . or by lease, .... FARES. changes, commissioners to suggest, hearing on proposed, charter limitations of, as to, commutation checks, (footnote), . consolidation not to increase, establishment of, . . evasion of; penalty, ejection from cars, for evasion, , Just and reasonable, to be, . leased roads, on, not increased, legislature may revise, passes, issue of, regulated, . purchase of property of, provisos, regulated as on railroads, . . regulation after hearing, 199 202 12 117, 118 . 218 . 219 199, 202 . 218 42 . 35, 42 116 . 202 116,224 219 201 116 : 224 118 FARES Concluded. school pupils, half rates for, . . 219, 220 penalty for refusal, ..... 220 Boston Elevated Railway Company, ex- empted, 220 transfers, regulated, discontinuance of, . . 224 misuse of; penalty, ..... 225 workingmen's rates, ..... 219 for public service commission law. See CHARGES; RATES. FEES. at inquests, ...... 40 of street railway police, .... 36 of witnesses summoned by commissioners in proceedings, ..... 17 FENDERS. equipment of cars with, .... 214 requirement by commissioners, . . 214, 215 rules as to, 214, 215 FIDUCIARY STOCKHOLDERS. voting by, 182 FIREMEN. free or reduced rate, while in uniform, . - . 124 FOREIGN CORPORATIONS. capital stock held by, . . . . 202, 203 issuing stock on domestic company, dissolu- tion, 202, 203 bonds, issued upon, dissolution unless, 202, 203 jurisdiction in equity to enforce, . 202, 203 attorney-general may proceed, . 202, 203 not to affect prior rights, . . . 202, 203 FORFEITURE OF CHARTER. for stock issue by foreign corporation on domestic franchise, .... 202 FORM. of accounts of common carriers, classification, etc., 17 accounts to be kept in accordance with, . 17 to conform to interstate commerce commis- sion, ....... 17 of returns to commissioners, blanks, changes in, etc 17, 249 FORMATION. of corporations. See CORPORATE MATTERS. after receiver's sale, . . . 245, 246 FRANCHISE. See CORPORATE FRANCHISE; EXTENSION OP FRANCHISE. FRANCHISE TAX. See TAXATION. FREE CHECKS. withdrawal of, regulated, commissioners to approve, FREE TRANSFERS. withdrawal of, regulated, commissioner to approve. 224 224 224 224 350 INDEX TO STREET RAILWAY LAWS. FREE TRANSPORTATION. of passengers or property, prohibited, . . 124 exceptions, .... 124 for charitable purposes, to be approved by commission, . . . 124 to certain persons, when, .... 124 FREIGHT. street railways, common carriers of, See CORPORATE POWERS. G. GAUGE. to be of standard width, to be named in agreement of association, GENERAL COURT. See LEGISLATURE. GENERAL LAW. organization under, .... GRADE CROSSINGS. See CROSSINGS. GRADING STREETS. transportation of material, . GRAVEL transportation of, etc., See CORPORATE POWERS. 189 170 170 169-179 187 187 GUARDIAN. may vote on stock held by him, . GUARDS ON BRIDGES. to be erected, neglect, penalty, H. HEADLIGHTS. equipment of cars with, commissioners may require. . 182 212 214, 215 214, 215 HEARINGS. See under various Titles for public service commission law as to. See Index to Railroad Laws, HEARINGS. HEATING. car, commissioners to require, . . . 216 neglect of, ...... 216 rules as to, . . . . 216 district police to enforce, .... 216 HIGHWAY ASSESSMENTS. issue of stock for, ..... 225 HIGHWAY COMMISSION, STATE. consent to opening highways for railways, 208, 209 contracts with, for transporting material, . 187 locations to be indicated by, when, . . 208 may authorize structures, to avoid railroad crossing, ...... 231 may extend, alter, revoke locations, . . 208 supervision of maintenance, repairs, etc , . 209 See STATE HIGHWAYS. HIGHWAYS. alteration of, liability for expense, . . . 207 defects in, company liable, when, . . - 212 grade crossings of, proceedings for abolition, 193 HIGHWAYS Concluded. state, locations in, etc., .... 208 taken up, cities and towns not liable, etc., 206, 207 widening for street railways, expense, . . 207 See WAYS; STATE HIGHWAYS. HOURS OF LABOR. not to exceed ten, etc. [repealed], . . . 217 amended not to exceed nine, . . . 218 to be performed within eleven consecutive hours, 218 employee may work added hours for extra compensation, . . . . .218 officer or agent of company not to require more than nine hours' work; penalty, . 218 extra labor on holidays, etc., . . . 217 rest, one day in seven, . . . 112, 113 ICE. transportation of, ..... 187 See CORPORATE POWERS. IMPROVEMENTS. commissioners to sugge'st, .... 12 INCORPORATION. certificate of, form, fee, . . . 178, 179 for purchasers at receiver's sale, . . 246 petition for, to general court, . . . 50, 51 publication and deposit of petition, . . 50, 51 transmission to general court, . . . 50, 51 See CORPORATE MATTERS. INCREASE. of capital stock, approval, etc., 225, 226, 228, 230 See CORPORATE MATTERS. INFORMATION. to be furnished commissioners, INJURIES, LIABILITY FOR. death from negligence, recovery for, due care prerequisite, employees, recovery by, when, executor, etc., to sue for, . limitation of actions, etc., parties beneficially entitled, negligence as to tracks, repairs, etc., for, action, notice, etc., . . . . loss of life from, . . . . recovery over by town against, costs recoverable by town, when, state highways, on, . Sunday law no defence, INQUESTS. on street railway accidents, . inspectors to attend, . verbatim report to commissioners, bill for, approval, etc., . 13, 14 . 40-42 . 40,41 . 40-42 . 40, 41 . 40, 41 40 212 . 212 . 40-^2 . 212 . 212 . 211 136, 137 INSPECTION. of books, etc., at any time, . of roads, recommendations upon, of rolling stock, . . 39, 40 36 . 39, 40 . 39, 40 14,16 36 36 INDEX TO STREET RAILWAY LAWS. 351 INSPECTORS. appointment by commissioners, ... 2 direction of examinations by, ... 36 free transportation, when, .... 124 inspection of rolling stock, etc., ... 36 investigate accidents, to, . . .36 reports to commissioners, .... 36 witnesses, summoning, .... 36 INSTITUTIONS. state, location on land of, forbidden, . . 173 INTERESTED PARTY. appeal by, as to express transportation, . 189 INTOXICATING LIQUORS. transportation of, prohibited, . . . 132 certain street railway companies exccpted, . 132 marking of packages, delivery, etc., . .132 record of receipt, etc., to be kept, . . 133 INVESTIGATION. of accidents, ...... 13 of proposed relief societies, .... 33 inquiry into regulations, practices, equip- ment, service, etc., . . . . 9, 10 action if unjust, unreasonable, unsafe, im- proper or inadequate, . . . 9, 10 of valuation of property of common carriers, 16 of rates. See RATES. ISSUE. of bonds. See BONDS. approval of commissioners, . . . 225 of capital stock; amount, . 225, 226, 227, 230 on domestic franchises regulated, . . 202 of charters, ..... 178, 179 See CORPORATE MATTERS. J. JOINT USE OF TRACKS. by connecting companies, .... rules and regulations determined by commis- sioners, ..... commissioners may order conveyance of cars by connecting companies, . . operating company to have full control of car, Joint rates, fares and charges may be recom- mended, ...... supreme judicial and superior courts, juris- diction in equity to enforce, of railroad tracks with consent of corporation, when, ...... commissioners to approve or preserve regu- lations, ...... connection of tracks as agreed upon and ap- proved, ...... for through route, switch connections, etc., . See also CONNECTING ROADS. JURISDICTION IN EQUITY. See SU- PREME JUDICIAL COURT; SUPERIOR COURT. 186 186 186 186 186 186 187 187 187 138 LABOR. liens for, etc., hours of, L. See LIENS. . 232 112,113,217 LAND. See PRIVATE LAND; RESERVED SPACES. LAND DAMAGES. to be secured, when, . 178 LAND TAKING. by eminent domain, . . . . 192 to avoid grade crossing, . . . . 231 LAPSE OF LOCATION. if organization is incomplete, . . . 173 LAWS. applicable to private land locations, . . 192 enforcement of, by commissioners . . 8 by courts, equity jurisdiction, . . . 249 notice to corporations as to, . .11 LEASE. or sale, authority for, . . .43, 199, 201, 202 annual return to lessor, .... 249 approval by commissioners, . . .43, 45, 202 decision within thirty days, ... 43 filing with secretary of commonwealth, . 43, approval by stockholders, .... 202 connecting roads; definition, . . . 202 express business regulated, .... 202 facilities for travel, not diminished, . . 202 fare, rates of, not increased, . . . 202 reduction of, from income, . . 202 powers and duties of lessee, . . . 201,202 restricted to ninety-nine years unless, . . 199 returns, annual, to commissioners, to con- tain, 248,249 terms, approval of, by commissioners, 43, 45, 199,202 LEASED ROADS. fares on, ....... 202 LEGAL VOTERS. complaints by, 13 LEGISLATURE. may revise fares, . . . . ne, 224 may authorize stockholding in another com- pany 186 petition to, for special charter, ... 50 recommendations to, by commissioners, . 6 See PETITION. LENGTH OF LINE. and dividends, return to tax commissioner, 145, 233 returns of, to assessors, .... 240 to be set forth in articles of agreement, 170, 246 without state, deduction of valuation for, . 234 return of, ..... 234 See TAXATION. LESSEE. powers and duties of, . . . . . 201 return, annual, to lessor by, . . . 249 neglect to make, ..... 249 LESSOR. annual return to, ..... 249 neglect of, ...... 249 responsible for correctness of returns to commissioners, .... 249 352 INDEX TO STREET RAILWAY LAWS. LETTER CARRIERS. free or reduced rates, while in uniform, . . 124 LIABILITY. employers', for injuries, . . . 102-108 of directors, until payment of capital, . . 184 reduction of capital, in case of, . . 227 for injuries. See INJURIES. LIENS. for labor, materials, ..... 232 contract with other than company, but acting for, right of action to recover debt with costs, exception, no right for contractor for whole railway, etc., ..... sworn statement of labor, amount, etc., to be filed right of action not lost by mistake in stating amount, . ... notice of proposed action to be filed, proceedings void, unless begun within sixty days, ...... 232 232 232 232 232 232 232 LIFE. endangering, by obstruction, . . 213,214 loss of, negligently causing, .... 38-42 Sunday law, no defence to actions, . . 137 LIFTING JACKS. equipment of cars with, commissioners may require; penalty, .... 216 LIMIT OF TIME. for acceptance of locations, . . . . 172 for construction, .... 184, 185 LIMITATION. of actions, death of employees, ... 40 LIQUOR. not to be sold in pleasure resorts, . . 186 LOCAL EXTENSION. acceptance of, ...... 204 approval of commissioners, . . . 204 See LOCATION AND CONSTRUCTION. LOCATION. definition, ....... 169 LOCATION AND CONSTRUCTION. In General. acceptance of location, within sixty days, 172 185 172, 185 . 171 172, 204 . 207 225 within thirty days, .... when to begin to run, agreement of association, etc., prerequisite, approval of commissioners, . betterments assessed, when, extensions, issue of bonds to pay for, in Boston, Cambridge and Brookline (original law) 177 land, taking by eminent domain, . . . 192 limit of time for acceptance, . . . 172, 173 metropolitan parks and boulevards, in, . . 174 organization, if incomplete, void, . . . 173 poles, erection and maintenance of, . . 177 over private land with consent of owners, . 177 rules as to, ....... 172 LOCATION AND CONSTRUCTION Con- tinued. state institutions, on land of, forbidden, ex- cept 173 time for acceptance, limit of, . . 173 through route, switch connection to secure, ' . 138 void, if organization is incomplete in eighteen months, ...... 173 if application for approval is not made within sixty days of grant, . 1 72 if refused certification by commissioners, . 173 if not accepted by company, , . .172 wires, regulations as to, . . . . 193 erection and maintenance of, . . 177 over private land, with consent of owners, 177 Aldermen or Selectmen. location, to grant, . . . . .171 alteration, time, limit and expense, . 205, 206 petition, notice, hearing, .... 205 may revoke locations, when, . . 206, 207 new petition after revocation, etc., . . 172 reserved spaces in public ways, . . . 193 Alteration of Location. application to aldermen or selectmen, . 205, 206 by company, ...... 205 by any interested party, .... 205 expense, apportionment of, . . . . 205 limit of time for work, .... 206 public notice and hearing, .... 206 commissioners to approve, .... 20G may require amendment of alteration, . 206 route, change of, additional hearing, . . 206 void in sixty days, unless accepted, . . 206 Bridges. building to be approved by commissioners, . 37 examination by experts, . . . .37 See BRIDGES. Common or Park. burial grounds, through, punished, . . 173 location on, forbidden, etc., . . .173 common or park, forbidden after twenty years, etc., . . . . .174 metropolitan parks and boulevards, location over 174, 175 copy of location to municipal authorities, . 175 governor and council to approve when, . . 174 locations may be extended or revoked, . . 174 notice to be given, . . . . .174 railroad company, etc., may appeal to gov- ernor and council, , . . .174 provisions of street railway law to apply, etc., ...... 175 share of street railway tax to commonwealth, 175 public parks, lay-out over, restricted, . . 175 park commissioners may approve when, . 175 state house park, no construction over, . . 174 state institutions, on land of, forbidden, . 173 Wachusett Mountain reservation, location upon, provisions as to, . . .175 Connecting Location. abutters notified by publication or otherwise, 185 application to commissioners within thirty days of refusal, etc., .... 135 INDEX TO STREET RAILWAY LAWS. 353 LOCATION AND CONSTRUCTION Con- tinued. commissioners may enter decree granting loca- tion, 185 to prescribe appliances, conditions, and obli- gations, ...... 185 filing of written acceptance of location within thirty days, or void, .... 185 notice and hearing, to local authorities, etc., . 185 Construction. capital, paid in before, ..... 184 certificate that capital subscribed, etc., . . 184 corporate powers to cease, if, . . 184, 185 limit of time for, 184 on private land, . . . . . 190 location void if, in eighteen months, . . 184 manner of, conditions, etc., .... 172 of track to avoid grade crossings, . . 193, 231 Crossings. abolition of, locations, directors may act by vote 180 directors may authorize execution of instru- ments by person or persons designated, 180 of highways at grade, ..... 193 of steam railroads at grade, regulated, . 18, 213 over or under railroad, . . . .231 overhead structures, consent of commis- sioners, ...... 231 structures on ways; authorization, . .231 See CROSSINGS. Extensions. adjacent cities, etc., to, .... 185 commissioners to authorize, hearing, etc., . 185 See CORPORATE POWERS. connecting cities and towns, for, . . . 185 application to commissioners, . . .185 requirements by commissioners, . . 185 See also CONNECTING LOCATIONS. local extension, acceptance of, or void, . . 205 alterations in, commissioners may require, 204, 205 approved by commissioners, . . . 204 conditions, no additional, to be imposed, . 204 manner of construction, conditions, etc., . 204 petition, hearing and notice, . . . 204 voters, fifty, may petition, . . . 204 Locations. aldermen or selectmen, to grant, . . 171, 172 may prescribe conditions, terms, etc., except, 172 alteration, time, limit, expense, . . . 205 petition, etc., ...... 205 acceptance by directors, within sixty days, . 172 approval by commissioners, . . . 172 establishment cf corporation to follow, . . 178 fourteen days' notice to be given, . . 171 manner of construction, conditions, etc., . 172 petition, notice and hearing on, . . 171, 172 publication, aldermen or selectmen may des- ignate, . ..... 172 prior locations ratified; revocation of, . .173 commissioners to approve, . . . ,172 may require alterations before certifying, . 172 notification to local board, . . .172 hearing to be given if route is changed, 172 commissioners' certificate as to amended lo- cation, . . 172 LOCATION AND CONSTRUCTION Con- tinued. reserved space in public ways, . . .193 revocation, new petition after, etc., 172, 173, 206, 207 sale by receiver, ..... 245, 246 valid, only when approved by commissioners, 172 void by refusal of certificate or non-accept- ance, ...... 173 on failure to apply for certificate within thirty days of grant, . . . .173 if organization is not completed within eighteen months, . . . 184, 185 Private Land. companies operating upon, subject to general laws, . . . . . . locations upon, ...... location upon, by eminent domain, application to aldermen or selectmen, cer- tificate, purposes, .... certificate of public necessity and con- venience, ..... construction of law defined, map, estimate, etc., to be prepared, . 52, excavating, bridging, filling, etc., to be shown, ...... profile to be prepared, .... powers of county commissioners exercised by aldermen or selectmen, taking the land, provisions applicable to, to abolish grade crossing, considered a rail- road corporation, . may bring petition or respond as such, location upon, by purchase or lease, for providing terminals in parks, etc., for reaching freight yards and terminals, for maintaining spurs and sidings, for purposes incident to freight transporta- tion, ...... for avoiding highway grade crossing, . for reaching car barns or repair shops, for avoiding grades and curves in ways, for other purposes incidental to use of ways, petitions for, to commissioners, may au- thorize, ...... approval of aldermen or selectmen pre- requisite, ..... construction, grade and alignment to be fixed plan to accompany petition, public convenience and necessity to be shown, ..... public notice and hearing required, safeguards to be adopted, to set forth purpose of location, prior locations confirmed, restrictions as to, . operation upon, certificate oT board, changes and improvements thereafter, poles and wires over, with consent of owner, reserved spaces in public ways, Revocation of Locations. aldermen or selectmen, by; time, approval of commissioners, unless, hearing and notice as to, new petition, after, .... removal of tracks at expense of company, recovery in action of tort, neglect to remove; penalty, 192 191 192 192 192 193 192 52 193 192 193 193 191 189 189 189 189 193 189 191 191 191 ICO 191 192 192 191 191 191 190 191 1S1 J91 177 . 206 . 207 . 207 172, 173 . 207 . 207 207 191, 354 INDEX TO STREET RAILWAY LAWS. LOCATION AND CONSTRUCTION Con- cluded. State Highways, application by company, etc., . . . 208 on 208 waya to become, grading, etc., . . . 208 supervision by highway commission, . 208, 209 See HIGHWAY COMMISSION. Temporary Locations. granting, by local authorities to prevent inter- ruption of traffic, when, . . 176, 206 in altering, rebuilding or repairing bridges, 176 application to local authorities, . . '. 176 application to commissioners upon refusal or failure to act, ..... 176 conditions, obligations, etc., of grant, . . 176 certificate of commissioners approving location, 176 acceptance of location within thirty days, . 176 limit of time for use of, removal of tracks, 176 apportionment of expense of construction if connected with alteration or abolition of railroad crossing, . . . .176 Ways. alteration of grade; expense of, . . . 207 betterments, assessment, etc., of, . . . 207 operation upon; exceptions, . 189,190,208,209 repair of, responsible for, when, . . 211, 212 opening ways for, permit required, when, . 211 restoration of surface, . . . .211 reserved spaces in, for, .... 193 transportation of material for, . . . 187 widening for .expense of, .... 207 See WATS. LOITERING. in stations, etc.; penalty, .... LORD'S DAT. running cars on, legalized, .... LOST CERTIFICATES. See CORPORATE MATTERS (Capital Stock). 214 136 M. MAILS. transportation of, MAP. estimates, profiles, etc., in land takings, MASSACHUSETTS HIGHWAY COMMIS- SION. See HIGHWAY COMMISSION, STATE. MATERIAL. liens for, etc., ...... See LIENS. MEETINGS. of stockholders and directors. See CORPORATE MATTERS. MERCHANDISE. carriage of, ...... 187 192 232 189 METROPOLITAN PARK COMMISSION- ERS. to grant locations in roads, boulevards, parks and reservations, . . . 174, 175 See LOCATION AND CONSTRUCTION. METROPOLITAN PARKS. tax on location, payable to state, . . 175, 239 MILE. capital stock per, amount required, . . 170 MILITARY SUPPLIES. transportation of, ..... 187 regulations may be imposed by commissioners, 188 MILK AND CREAM. transportation of, ..... 188 regulations, etc., .... 188 MISSILES. throwing at cars, etc.; penalty, "MISSING LINK" LOCATIONS. See LO- CATION; CORPORATE POWERS. 43 MORTGAGE BONDS. TERS. See CORPORATE MAT- MORTGAGES. authorized, purposes of, .... bonds to secure, , railroad laws (Part II., sections 48-56), ap- plicable, ...... receiver, sale by, not to impair powers under, See CORPORATE MATTERS (Dissolution). MOTIVE POWER. commissioners to prescribe, .... steam, not permitted, .... electricity, or other, may be used, municipalities not to furnish, MOTORMAN. to stop cars within one hundred feet of cross- ings; penalty, ..... MUNICIPALITIES. may purchase electricity, when, . . . not to furnish motive power, See CITIES; MUNICIPAL, OFFICERS; TOWNS; ELECTRICITY. 225 225 225 246 186 186 186 203 213 203 203 MUNICIPAL OFFICERS. complaints by, ...... 13 electricity, application as to price of, . . 203 may petition for remedies, when, . . . 250 may petition supreme judicial court for re- sumption of use of tracks, . . . 210 regulations by, for use of tracks, etc., . . 209 speed rules, established by, .... 209 N. NAME. corporate, regulated, .... change of, application, etc., . two-thirds vote of stockholders required, commissioners to authorize, after hearing, filing of authority with state secretary, 170 232 232 232 232 INDEX TO STREET RAILWAY LAWS. 355 NAME Concluded. change of, commissioners to require public notice of change, .... 232 certificate issued by secretary, . . . 232 restrictions as to name, applicable, . 232 rights and liabilities under new name, . 233 actions not defeated by, .... 233 new name substituted on motion, . . 233 to be set forth in agreement of association, 170, 246 NEGLECT. annual report, to make; penalty, . . . 249 lessee to make to lessor; penalty, . . 249 books and accounts, to keep; penalty, . 248, 249 car heating, ...... 216 of accommodations, .... 218, 219 vestibules, of, ...... 216 NEGLIGENCE. as to tracks, repairs, etc., liability for, . 211, 212 action, notice, etc., ..... 212 loss of life from, 40-42 death from, recovery, etc., .... 40-42 employees, recovery by, when, . . . 103 liability of employer, etc., . . 103-107 machinery, etc., car considered, . . 103 notice, ... 104 NEW SHARES. cash payment for, .... price, commissioners to fix, . par, not less than, .... stockholders entitled to, . notice to, of, . NON-SUBMISSION. of books and accounts; penalty, . NOTES. consent of commissioners; decision, issue authorized, .... limit of issue, ..... equity jurisdiction to enforce, proceeds, application of, . NOTICE. to corporations as to laws, . . . NUMBER. of directors, to be named in articles, etc. 230 230 230 230 230 229 229 229 230 230 9-11 170 o. OBSTRUCTIONS. cars of other railways, of; penalty, . . 214 employees, by; penalty, . . . .214 endangering life by; penalty, . . . 214 streets, of; penalty, ..... 214 tracks, of; penalty 213. 214 OFFICERS. of companies. See CORPORATE MATTERS. OPENING. certificate for operation preliminary to, . 209 on private land, ..... 191 OPERATING CONTRACT. approval of, by commissioners, filing, etc., 43-46, 201, 202 terms, etc., . . 201, 202 OPERATION. In General. certificate preliminary to, . . . . 209 not compulsory unless road is completed, . 209 on private land, appliances and safeguards, 191 approach of cars, notice or warning, . . 213 regulations by local boards, . . .213 approval of commissioners, . . . 213 at railroad crossings, stops, etc., . . . 213 motorman liable; penalty, . . . 213 company liable; penalty, .... 213 mails, transportation of, . . . . 187 merchandise, etc., transportation of, . . % 189 See CORPORATE POWERS. on Lord's day, legalized, .... 136 on private land, prohibited, except, . 189, 190 on ways, exceptions, .... 189, 190 stations, loitering in; penalty, . . . 214 Accidents. commissioners to investigate, ... 13 inspectors to investigate, .... 36 notice of, . . . . . . . 38, 39 inquests on, report, etc., .... 39, 40 Accommodations. to furnish reasonable; penalty, . . . 218 additional, commissioners may require, . 12, 219 penalties for neglect of, . . . . 219 forfeit; for use of cities and towns, . . 219 fares, establishment, ..... 218 commissioners may suggest changes, . . 12 free passes regulated; penalty, . . . 219 regulation of, railroad law to apply, . 116,224 special cars, . . . . . .219 special rates, for public school pupils, . 219 for private school pupils, . . . 220 Boston Elevated Railway Company, ex- empted, 220 for workingmen, ..... 220 transfers, free, withdrawal, .... 224 commissioners to approve, etc., . . 224 transfer tickets, misuse of; penalty, . . 225 Bridges. alteration, discontinuance, liability, when, . 211 damages for defective, liability, etc., . . 211 guards upon; penalty, .... 212 commissioners to -super vise, or order, . 212 opening for repairs and renewal of tracks, . 211 private, obligation to construct or maintain, . 211 repair of surface, liability, . . . .211 restoration to former condition, . . .211 By-laws and Regulations. approval, revision and alteration, . . . 209 by towns, etc., as to, . . . . . 209 cars, number and routes, as to, . . . 209 notice of approach of cars, as to, . . . 213 proceedings to enforce, .... 209 snow, removal of 209, 210 speed, regulation of rate of, . . . . 209 wires, as to, . . . . . . 193 Cars, approach of, ...... 213 disorderly conduct in; penalty, . . .214 fenders, wheelguards, etc., upon, . . 214, 215 356 INDEX TO STREET RAILWAY LAWS. OPERATION Continued. heating of, penalty; enforcement, . . . 216 obstruction of streets by; penalty, . .214 of cars of another company; penalty, . 214 platforms for, enclosed when, . . . 216 commissioners to approve; decisions, effect of; penalty, ..... 217 sales by children upon, penalty, . . . 214 special, fares, etc., ..... 214 sprinkling, use of, ..... 187 Connecting Roads. joint use of, . . 186 regulation by commissioners, . . . 186 consolidation of, approval by commission- ers 43, 199, 200 express business not authorized by, . . 201 powers and duties after, .... 201 reduction of stock upon sale, . . . 202 vote' by stockholders approving, . . 202 definition for purpose of lease, . . . 202 leases of, conditions, ..... 202 operating contracts, approval of, . . 45, 202 Crossings. of steam railroads, . ... 213 cars stopped within one hundred feet of; penalty, .... overhead structures, consent of commission- ers 231 over or under railroads, consent to, . .231 Discontinuance. may be ordered temporarily, . . . 211 track removal, etc., upon, .... 210 ways of, city or town not liable for, . .211 Employees. bond not to be required of, . . . .113 hours of labor regulated, .... 217 penalty for assaults on, .... weekly payment of wages to, . . .114 See also EMPLOYEES. Fares. changes in, commissioners may suggest, charter, limitations of, as to, . . . 218 consolidation not to increase, . . . 199 establishment, . . .218 evasion of, penalty for, .... 42 leased roads, on, not increased, . . . 199 legislature may revise, . . . 116, 224 passes, issue of, regulated, .... 219 regulated, as on railroads, .... 224 school pupils, rates for, .... 219 Boston Elevated Railway Company, ex- empted 220 special cars ...... 219 transfers regulated, discontinuance of, . . 224 misuse of; penalty, ..... 225 workingmen's rates, ..... 219 Inspectors. inspection by; duties of, accidents, investigation of, . inquests, to attend, report to commissioners, . witnesses, summoning, as to, OPEEATION Concluded. Opening to Public. certificate for operation, .... 209 private land, on, ..... 191 Platforms. continuance of prior decisions of commission- ers, . . . s . . . .217 definition of " street cars " as to, . ... 216 to be enclosed; penalty, . . . .216 approval of commissioners, . . 216, 217 Private Land. on, laws applicable, ... See PRIVATE LAND. . 192 Snow. removal of, regulations, . . . 209, 210 copy of regulations to be filed September 1, 210 petition to commissioners for amendment, 210 findings filed with local boards and com- pany ....... 210 not mandatory except from and between tracks, etc., ..... 210 Streets or Ways, alteration of grade, expense of, . alterations, etc., liability, .... damages for defective, liability, recovery, etc., discontinuance, etc., repairs on, cities and towns not liable, when, negligence, liability for, . obstruction of, by cars; penalty, . operation upon, exceptions, . repairs, of surface, not required, etc., companies may open for repair or renewal of railway, .... restoration of surface to former condition, reserved spaces in public ways, state highways, operation on, structures on, authorization, use of, by cars; penalty, . widening for street railways, expense, . Tracks. explosives upon, prohibited; penalty, obstruction of, prohibited; penalty, endangering life or safety ; penalty, petition to compel resumption of use, . refusal to operate, appeal, . jurisdiction in equity to determine, . two or more municipalities may join in tition, . . existing laws or rights not construed impaired, temporary discontinuance of use, when, voluntary discontinuance of use, . may be removed after six months, use of, regulations for; penalty, subject to approval by commissioners, See also EQUIPMENT. 189 210 pe- 207 211 212 211 211 212 214 , 190 211 211 211 193 208 231 209 207 214 214 214 210 210 ,211 211 211 211 210 210 209 209 ORDERS. served upon persons or corporations affected, . 11,12 service, by personal delivery or mailing certi- fied copy, 11, 12 INDEX TO STREET RAILWAY LAWS. 357 ORDERS Concluded. notification of receipt in writing to be re- turned, 11, 12 to be signed by officer of corporation, . .11,12 terms of order, acceptance and obedience to, . 12 time of taking effect to be. specified, . . 12 supreme judicial court, etc., jurisdiction, 167, 250 to be entered of record, . . . 12, 270 to continue in force until changed or abro- gated 12 violation of, proceeding in supreme judicial court, if 108, 250 ORGANIZATION. of purchasers of road from receiver, failure to effect, to follow issue of charter. See CORPORATE MATTERS. ORIGINAL. definition, ..... OVERHEAD STRUCTURES. consent of commissioners, etc., See CROSSINGS. 246 247 247 169 231 P. 183 231 173, 174 218, 219 218, 219 124, 219 PAR. issue of shares for, only, new shares for not less than, PARK. location on, forbidden, etc.. See LOCATION AND CONSTRUCTION. PASSENGER ACCOMMODATIONS. commissioners may require, . additional, ..... PASSES. issue of, regulated; penalty, . PAYMENT OF CAPITAL. before certificate, ..... 184 before incorporation, ..... 178 before beginning construction, . . . 184 certificate of , filing, ..... 184 directors liable till paid, etc., . . . 184 new shares, cash for, . . . . . 230 PENALTY. accommodations, neglect of , . . . . 219 annual returns, neglect of, . . . . 249 bonds, illegal issue of, . . . . . 230 books and accounts, for neglect of, . . 249 non-submission to commissioners, . 248, 249 divulging information from, ... 14 bridge guards, neglect of , . . . . 212 capital stock or bonds, for wrongful issue, . 230 cars, expectoration in, . . . . .154 heating of , neglect, . . . . .216 children, sales by, on cars, .... 214 crossings, stopping cars at, . . . 213,214 disorderly conduct on cars, for, . . .214 explosives on tracks, placing, . . . 214 employees, assaults on, .... 43 loss of life of, . . . . . . 39-42 fares, evasion of, ..... 42 school pupils, refusal of half rates to, 219, 220 PENALTY Concluded. injury to block signals, . . 42 loitering in stations, . . . . .214 loss of life, negligently causing, recovery, . 4042 of employee, ...... 4042 making annual returns, neglect, . . . 249 missiles, throwing at cars, .. . . .43 officers, certificate to commissioner of corpo- rations as to changes, neglect, . . 56 clerk to be resident of commonwealth, . 56 non-removal of tracks on revocation, . . 207 obstruction of cars of another company, . 214 passes, as to, . . . . . . 219 platforms, failure to enclose, . . 216, 217 speed regulations, violation of, . . . 209 streets, obstruction of, by cars, . . . 214 tracks, obstruction of; endangering life, 213, 214 use of, neglect of regulations, . . . 209 transfers, misuse of, . . . . . 225 ways, use of, regulations; penalty, . . 209 See CRIMES. PERMIT. to open streets for repairs, .... 211 PERSONAL ESTATE. companies may hold, .... 185, 186 PETITION. for alteration of location, etc., . . . 205 for extension of location, notice, etc., . . 204 for location; notice and hearing on, . 171, 172 for incorporation under special act, . . 50, 51 filing notice, publication, etc., . . . 50, 51 newspaper designated by secretary of com- monwealth, . . . . . 50, 51 proof of publication, . . . . 50, 51 transmission to general court, . . . 50, 51 PLAN. filing, abolition grade crossings, 231 PLATFORMS. approval of vestibule enclosure, . . . 216 failure to enclose; penalty, .... 217 passengers upon, no rule as to riding at own risk, 213 recovery of compensation not prevented, etc., 213 See OPERATION. PLEASURE RESORTS. acquisition of, ...... 186 admission to be free to, .... 186 approved by commissioners, . . . 186 bonds and stock for, ..... 225 liquor not to be sold in, .... 186 stock and bonds for, ..... 225 POLICE. street railway, appointment, etc., . . 34-36 term of office, badges, powers, etc., . . 35 free or reduced rate while in uniform, . . 124 may arrest without warrant, when, . . 35 compensation, liability of company, etc., . 35, 36 witness fees, no allowance for, ... 36 POWER, ELECTRIC. sale to towns, .... 203, 204 358 INDEX TO STREET RAILWAY LAWS. POWER, MOTIVE. commissioners to decide, municipalities not to furnish, POWERS. of directors, . . of lessees, .... 186 203 179, 180, 183, 184 202 of street railways after consolidation, POWERS, PRIVILEGES, DUTIES. of street railway companies, See also CORPORATE POWERS. PREMIUMS. cash, to be added to par value of capital in computation, when, .... PRESIDENT. choice by directors, ..... director, to be a, . . PRICE OF SHARES. commissioners to fix [repealed], stockholders to determine, .... PRIOR LOCATIONS. ratified; revocation of, .... 201 169 179 179 230 68 173 PRIVATE LAND. companies operating upon, subject to general laws, 192 Locations. by eminent domain, ..... 192 application to aldermen or selectmen, cer- tificate, purposes, .... 192 certificate of public necessity and conven- ience, ...... 192 construction of law defined, . . .193 map, estimate, etc., to be prepared, . 52, 192 excavating, bridging, filling, etc., to be shown, ...... 52 profile to be prepared, .... 52 powers of county commissioners exercised by aldermen or selectmen, . . . 193 taking the land, provisions applicable tc, . 192 to abolish grade crossing, considered a rail- road corporation, .... 193 may bring petition or respond PS such, . 193 by purchase or lease, ..... 191 for providing terminals in parks, etc., . 18S, 193 for reaching freight yards and terminals, . 189 for abolishing or to avoid grade crossing, . 231 land of railroad or railway taken, . . 231 commissioners to adjudicate, . . . 231 deed and plan to be filed, . . .231 damages, railroad law to apply, . .231 for reaching car barns or repair shops, . . 189 for avoiding grades and curves in ways, . 191 for other purposes incidental to use of ways, . 191 petitions for, to commissioners, . . .191 approval of aldermen or selectmen pre- requisite, . . ' . . . 190 construction, grade and alignment to be fixed, 191 plan to accompany petition, . . . 192 public convenience and necessity to be shown 191, 192 public notice and hearing required, . . 191 PRIVATE LAND Concluded. petitions for, safeguards to be adopted, . . 191 to set forth purpose of location, . . 191 prior locations confirmed, .... 190 restrictions as to, . . . . . 191 reserved spaces in public ways, . . . 193 Operation. certificate of commissioners, . . . 191 changes and improvements thereafter, . .191 prohibited except, .... 189, 190 PRIVATE SCHOOL PUPILS. half fares for 116,220 PROCEEDINGS. organization, etc. See CORPORATE MATTERS. regulations, to enforce, .... 250 before commissioners, record of, . . 249 See' RECORD. PROCEEDS. of sale, use for dividends, .... 202 of new shares, application, .... 225 PROPERTY. realty and personalty, limit of, . . 185, 186 stockholding in another, authority, . . 186 PROXY VOTING. at meetings, regulation of, . . . 181, 182 PUBLIC OFFICERS. not to recommend employees, etc., . . 113 PUBLIC OPENING. certificate for operation before, . . . 209 on private land, ..... 191 PUBLICATION. of agreement of association, . . . .171 evidence of, . . . . . .178 of schedules of rates, etc., . . . .117 in accordance with requirements of inter- state commerce commission, . .117 of statement of accounts, .... 14 PUBLIC SERVICE COMMISSION. powers, duties, etc. See Index to Railroad Laws, PUBLIC SERVICE COMMISSION; see also RAILROAD COMMISSIONERS. PUBLIC WAY. definition, ....... 169 PUBLIC WAYS. reserved spaces in, . . . . .193 PUPILS. rates of fare for, 21,9, 220 to include public day or evening schools, industrial and private schools, . . 220 travel of, to outside high school, payment by towns, 222 reimbursement of towns for outside tuition, etc., 221,222 attendance regulated, .... 223 appropriation by towns of money for such tuition, 222 action prerequisite to aid for such towns, 222, 223 INDEX TO STREET RAILWAY LAWS. 359 PUPILS Concluded. payments by Commonwealth or city of Boston for transportation of certain children, 223, 224 officials of school boards to certify to com- missioner of education amount so paid, 224 Boston Elevated Railway Company, ex- empted, 220 PURCHASE. of property of foreign companies, provisos, PURCHASER. consolidation or sale, stock, bonds, etc., from receiver, rights of, etc., actions against, .... agreement of association of, stock issue by; fixing amount, . See COBPOKATB MATTERS (Receiver). 201 199, 200 . 246 . 246 . 246 246 R. RAILROAD COMMISSIONERS. In General. advice, etc., not to relieve corporate liability, 13 annual report, contents, etc., ... 6 appointment, terms, tenure, etc., . . . 1-18 of expert bridge, etc., engineers, . 2-5, 37 of supervisor of accounts, . . 1, 5, 7, 9 attorney-general to act on report of, when, 11, 249 decisions, force and effect of certain, . . 217 record of rulings of law, .... 249 rulings, revision, annulments, etc., . . 250 savings banks, lists of companies for, . . 248 Authority. abolition grade crossings, approval, when, . 31, 32 commissioners may be made special com- missioners, . . . . . 21, 22 or avoidance of, approval, . . . 231 accidents, investigation of, . . . .13 accommodations for passengers, may require, 218, 219 agreement of association, may direct publica- tion, when, . . . . .171 alteration of crossings, commissioners repre- sented on commission, ... 20 to act as county commissioners, for Boston, 18 approach of cars, approval of regulations, . 213 block signals, installation of, approval, . . 8 bonds, approval by; proceedings, . . . 225 bridge guards, as to, ..... 212 bridges, expert examination of, . . . 37 appointment of expert bridge engineer, . 2 capital stock, approval of issue, . . . 225 consolidation and sale, approval of terms, 43, 199, 200 crossings over or under railroads, consent to, . 231 electricity, to approve terms and fix price for, when, 203 enforcement of laws by, . . . .8, 250 extension of corporate powers, . . . 185 equitable relief, may invoke, as to stock issues, ...... 230 express transportation, appeal, . . . 189 fares, to suggest changes in, . . .12 fenders and wheelguards, requirement by, 214, 215 heating of cars, to require, .... 216 information to be furnished to, . . . 13 inspection, recommendations upon, . . 36 RAILROAD COMMISSIONERS Continued, lease or sale, approval of, . . . 43, 199, 200 motive power, commissioners to prescribe, . 186 operating contracts, approval of, . . 45, 201 notice to corporation as to laws, ... 13 passenger accommodations, may require, 218, 219 platforms, approval of enclosure, . . 216, 217 pleasure resorts, approval of, ... 186 publication of agreement of association, may direct when, ..... 171 repairs, notice of necessary, .... 13 scope of statutory provisions as to, . . 13 special commission to abolish grade cross- ings, 21, 22 sprinkling streets, authority for, . . . 187 to supervise, examine, etc., .... 13 Books and Accounts. continuance of uniform system, . . 14, 248, 249 directors, etc., may request examination of, . 14 inspection at any time by, .... 14 list of stockholders, access to, ... 16 non-submission, etc., penalty for, ... 16 publication of statements, .... 14 regular examination of, ... .14 Capital Stock, and bonds, approval, ..... 225 fixing amount of, ..... 225 increase of, ...... 225 may employ experts to examine property, . 2 purchasers from receiver, of; fixing amount, 245, 246 reduction, to authorize, .... 227 certificate of, filing by, .... 227 proceeds, allowance of distribution of, . . 227 See CORPORATE MATTERS. Change of Name, to authorize, after hearing, . to require public notice of, . Complaints. employees, by; secrecy of, . examinations into, when, legal voters, by, . municipal officers, by, . 232 232 13 13 13 13 Connecting Roads. approval for joint use, . . . 201, 202 rules and regulations determined by commis- sioners, ...... 202 operating contracts between, . . 45, 201 consolidation of. See CONSOLIDATION AND SALE. lease of. See LEASE. Excise Tax. distribution of, among cities and towns, as to, 241 revision of, on appeal, . . . .241 Extensions. adjacent cities, in, etc., .... 185 connecting cities and towns, in, . . . 185 application to commissioners, and hearing, 185 location, granting of, and conditions, . 185 local extension, approval of, ... 204 360 INDEX TO STREET RAILWAY LAWS. KAILROAD COMMISSIONERS Continued. Faxes. may suggest changes, etc., .... 12 regulation of, powers, . . . .12, 218, 219 transfers, discontinuance of, to approve, . 224 Grade Crossings. abolition of, approval, commissioners may be made special com- mission, ...... 21, 22 alteration of, commissioners represented on commission, ..... to act as county commissioners for, in Boston, approval of land taking to avoid, . consent to, ...... 20 18 231 18 Inspectors. appointment by, direction of examinations by, See INSPECTORS. .2,4,5 36 Location. approval of, . . . . . .172 may require alterations, .... 172 notification to local board, . . . 172 hearing if route is changed, .... 172 certificate as to amended location, . . 172 private land, on, commissioners may author- ize, 191, 192 revocation, approval of, ... 206, 207 Opening to Public. certificate for operation, .... 209 private land, on, appliances and safeguards, . 191 Record of Proceedings. before commissioners, as to street railways, 249 rulings of law to be entered, . . . 249 neglect to grant or refuse, considered re- fusal, 249 equity jurisdiction, to review, annul, modify or amend, ..... 250 Regulations. approval, revision, etc., .... 209 proceedings to enforce, .... 250 speed, as to, . . . . . . 209 as to approach of cars, commissioners may approve, ...... 213 Relief Corporations. approval of by-laws, examination of, report to, See RELIEF SOCIETIES. . 33, 34 33 Remedies. for refusal or neglect, attorney-general to act, 249, 250 equity jurisdiction, to invoke, . . . 250 Report. of commissioners, contents, etc., . 6, 7, 248, 249 Returns. blanks and forms for, .... 17, 249 changes in, . . . . . . 249 remedy, additional, for neglect, . . . 249 tables, abstracts, to prepare, . . . 249 RAILROAD COMMISSIONERS Concluded, to commissioners, annually; contents, . 248, 249 of lessees, ...... 249 neglect to make, ..... 249 amendment of defective returns, . . 249 Witnesses. compulsory attendance of, . . . .17 summoning, oaths, fees, etc., ... 17 See RAILROAD COMMISSIONERS and PUBLIC SERVICE COMMISSION in Index to Rail- road Laws. RAILROAD CORPORATIONS. street railway companies considered as, grade crossing abolitions, .... 193 RAILROAD CROSSINGS. stops of cars at, ..... 2J3 See CROSSINGS. RAILWAY. definition, ....... 169 inspection of lines, ..... 36 suspension of lines, ..... 3 RAILWAY INSPECTORS. appointment of, etc., . . . . . 2, 4. 5 duties, etc., ...... 36 RATES. in general, changes in schedules of, filing, etc. See Index to Railroad Laws, RATES. (Public Service Commission act of 1913.) REAL ESTATE. companies may hold, 185, 186 RECEIVER. appointment of, by supreme or superior court, 245 purchasers from, rights of, etc., . . . 246 actions against, ..... 246 reorganization, capital, etc., . . . 246 capital not to exceed fair cost of replacement, 246 sale of road by, 245, 246 not to impair mortgages, . . . .246 to pay debts, etc., ..... 246 See also CORPORATE MATTERS. RECORD. bonds, of, by treasurer [repealed!, rulings of law, of, . . transfer of shares, of, . of commissioners' proceedings, rulings of law to be entered, 61 . 249 182. 183 . 249 . 249 249 neglect to grant or refuse, considered refusal, equity jurisdiction to review, annul, modify or amend, ..... 250 RECORDING. charters, with agreement, etc., . . . 179 RECOVERY. for death from injuries, .... 40-42 employees, death, etc., .... 4042 over by town against liability, injuries, . 212 costs recoverable by town, when, . . 212 REDUCED RATE. service at, for employees, etc., when, . . 124 INDEX TO STREET RAILWAY LAWS. 361 REDUCTION OF STOCK. authorization by commissioners, . . . 227 certificate of, filing, . . . . . 227 directors' liability, 227 proceeds, allowance, distribution of, . . 227 sale, upon, ...... 202 REGISTERED BONDS. or coupon, ....... 225 REGULATION. of fares, as on railroads, . . . 12, 224 REGULATIONS. approval, revision, etc., by commissioners, . 209 proceedings to enforce, . . . * 249, 250 by towns, etc., 209 grade crossings, as to, . . . . . 18 penalty for violation of, ... . 209 snow, removal of, as to, proceedings, . 209, 210 speed, as to violation of, . . . . 209 wires, as to, . . . . . . 193 RELIEF SOCIETIES. for employees, ...... 33 formation, organization, etc., ... 33 filing certificate, fee, etc., ... 33 by-laws, approval by commissioners, . . 33, 34 voting regulated by, .... 34 employees' annual report to commissioners, . 34 examination of books and papers, . . 34 funds not attachable, etc., .... 34 investigation by local authorities, . . 33 report to secretary, .... 33 purposes of incorporation, .... 33 street railway as associate, etc., ... 34 REMEDIES. additional, attorney-general to act for com- missioners, ..... 249 equity jurisdiction to invoke, . . . 250 violation of laws, to restrain, . . . 250 of rules and regulations, to restrain, , 250 to review, annul, modify or amend rulings, 250 returns, for neglect, etc., .... 249 as to valuation, taxation, etc. See TAXATION. REMOVAL OF TRACKS. at expense of company, when, . 210 REORGANIZATION. after purchase from rejeiver, capital, etc., 245, 246 REPAIR. application of taxes for ways and places, 243, 244 of ways, responsibility, . . . .211 opening for repair, permit, . . . .211 restoration of surface, .... 211 notice of necessary repairs, . ... 12 REPAIRING STREETS. transportation of material, 187 REPEAL. of certain portions of the Revised Laws, etc., 250, 251 not to affect certain acts done, etc., . . 251 REPORT. annual, of commissioners, . . . . 6, 7 inspectors, by, to commissioners, ... 36 See RETURNS. RESERVED SPACES. in public ways, for street railways, . . 193 RETURNS. annual, to commissioners, contents, etc., 248, 249 change in form of, by commissioners, . 249 amendment of defective, . . . 17, 249 sworn to, by treasurer and superintendent, 249 blanks and forms for, .... 17, 249 system prescribed by commissioners, . 17, 249 contracts, leases, etc., to contain, . . . 249 dividends and length of line, of, to tax com- missioner, ..... 233 earnings and length of track to assessors, . 240 lessee to make returns to lessor, . . . 249 liable to lessor for failure, . . . 249 lessor responsible for correctness, . . . 249 neglect to make, ..... 249 remedy for neglect, additional, . . . 249 tables, abstracts, etc., commissioners to pre- pare 6, 249 REVIEW. of rulings of commissioners by courts, . . 250 REVISION. of regulations, etc., ..... 209 proceedings to enforce, .... 209 of speed rules, by commissioners, . . . 209 of excise tax, by commissioners, when, . . 241 of fares, by legislature, .... 224 REVOCATION. of locations, approval, new petition after, etc., non-removal of tracks on, See LOCATION AND CONSTRUCTION". ROAD MATERIAL. transportation of, 206, 207 172 207 ROLLING STOCK. and stations, suggestions as to, . . inspection, of, ..... attachment of, restrictions as to, . void unless other property first demanded, cars, heating, neglect, etc., ,. number and routes, regulated, . conditional sale of, acknowledgment, recording, fee, general laws not to apply, name of owner, etc., to bear, payment of price, record, fee, secretary of commonwealth, to record con- tract, ...... See CARS. 187 12 36 38 38 216 209 37,38 38 38 38 38 38 ROUTE. to be described in agreement of association, 170, 246 through, switch connections to secure, . 138 RULINGS OF LAW. record of, . 249 362 INDEX TO STREET RAILWAY LAWS. s. SAFETY DEVICES. equipment of cars with headlights, fenders, wheelguards, brakes, etc., . . . 214 emergency tools and other devices, . .214 commissioners may require lifting jacks and other apparatus, equipment with; penalty 216 SALE OF ROAD. authority for, approval, . . . 43, 199 increase of capital, for purchase, . . 199, 201 proceeds not to be used for dividends, . . 202 reduction of stock upon, , 202 receiver, by, 245, 246 See CONSOLIDATION AND SALE. of rolling stock. See ROLLING STOCK. SALES ON CABS. by children, penalty, when, .... 214 SANDING DEVICES. equipment with (foot note), . . . 215 SAVINGS BANKS. may accept bonds as collateral, when, . . 248 may invest in railway bonds, when, . 247, 248 bank commissioner, duties as to, . 247, 248 lists of companies, commissioners to fur- nish 247,248 West End Street Railway Company, rental, . 247 SCHOOL CHILDREN. fares for, ..... See FARES; also PUPILS. 216,219 SECRETARY OF COMMONWEALTH. agreement of association, to be filed with, . 178 of purchasers of road at receiver's sale, to be filed with, 247 authority for change of name, to be filed with, 232 certificate of consolidation or lease, to be filed with 43 of incorporation, issue by, . . 178, 247 for relief societies, issue by, ... 33 as to bonds, to be filed with, . . . 228 as to change of name, issue by, . . . 232 as to extension of franchise, to be filed with, 185 as to locations, to be filed with, . .178 as to payment of capital, to be filed with, . 184 as to stock issue, to be filed with, . . 228 as to stock increase, to be filed with, . . 228 as to stock reduction, to be filed with, . 227 dissolution, return to, in proceeding, . . 246 petitions for special charter, to be deposited with, ...... 50 publication of, may direct, . . . 50, 51 transmission to general court, ... 50 report to, as to relief societies, ... 33 surrender of charter, duties as to, . . 245 tables and abstracts of returns, to be trans- mitted to, ..... 249 to record conditional sales of rolling stock, 38 SELECTMEN. definition, ...... 169 powers as county commissioners, when, . 193 may revoke locations, when, . . 206, 207 may order temporary discontinuance of tracks, ... 211 SELECTMEN Concluded. may order removal of tracks, when, . . 206 may petition for examination of railways, etc., 13 to approve grade crossing abolition.", . . 231 to grant locations, etc., . . . 171, 172 alteration of location, etc., . . . 205 tracks, operation of, powers as to, . . 209 removal of, may order, .... 206 temporary discontinuance, may order, . . 211 See LOCATION AND CONSTRUCTION; TAXATION. SERVICE. of common carriers, inquiry into, . . 127, 128 at reduced rates to employees, etc., . . 124 free for charitable purposes, to be approved by commissioners, .... 124 charges^or. See FARES; RATES. of orders of commission. See ORDERS. inquiry into regulations, practices, equipment, service, etc., . . . . . 9, 10 action if unjust, unreasonable, unsafe, im- proper or inadequate, . . . 9, 10 duty of common carriers to observe and obey requirements, . . . . . 9, 10 free. See FREE TRANSPORTATION. SHARES. of stock. See CORPORATE MATTERS. SIGNALS. injury to, . . . . . . .42 installation of, block, ..... 8 equity jurisdiction to enforce, ... 8 SNOW. removal of, regulations as to, . . 209, 210 provisions as to, . . . . 209, 210 street railway taxes, applied to, . . 244 transportation of, ..... 187 See OPERATION; CORPORATE POWERS. SPECIAL CARS. companies may provide; penalty for neglect, 219 special rates on, . . . . .219 for workingmen, etc., .... 219 hours of, .... 219 SPECIAL CHARTERS. petition to general court for, See PETITION. SPECIAL COMMISSION. for abolition of grade crossings, in alteration of crossing proceedings, See CROSSINGS. SPECIAL MEETINGS. See MEETINGS. SPECIAL RATES. on special cars, for workingmen, etc.; penalty, . for pupils; penalty for neglect, . SPEED OF CARS. local authorities to establish, board to approve, revise and alter, proceedings to enforce, violation of, 50 21,22 19,20 219 219 219 209 209 209 209 INDEX TO STREET RAILWAY LAWS. 363 SPEED OF CAES Concluded. cities and towns may make ordinances, . 209 vehicles, street railway cars not so considered, unless 189 SPRINKLING CARS. use of, 187 STATE HIGHWAYS. street railways on, ..... 208 alteration, extension, revocation of loca- tions upon, ..... 208 commission to indicate locations, etc., in, when, 208 company to restore to former condition, 208 laying in, regulated, supervision, . . 208 supervision of, ..... 208 construction, company may share in expense, 208 damages, grading, etc., cost of, . . . 208 liability for injuries on, .... 212 rights in, vote of directors, etc., . . . 180 transportation of material for, . . . 187 ways to become, grading, etc., . . . 208 assessment of expense, .... 208 STATE HOUSE PARK. no construction over, ..... 174 STATE INSTITUTIONS. location on land of, forbidden, except, . . 173 STATEMENTS. publication of, . . . . .14 STATIONS. commissioners to suggest changes in, reloca- tion, etc., ..... 12 loitering in, prohibited; penalty, . . . 214 inspection of, etc., ..... 36 See WAITING ROOMS. STATUTORY PROVISIONS. as to commissioners' authority, scope of, . 12 STEAM. as motive power, not permitted, . . . 186 STOCK BOOKS. See CORPORATE MATTERS (Capital Stock). STOCK CERTIFICATES. See CORPORATE MATTERS (Capital Stock). STOCK DIVIDENDS. prohibited, when, ..... 227 See CORPORATE MATTERS. STOCKHOLDERS. access of commissioners to lists of, . . 16 books and accounts, may request examination of 14 capital stock, vote for reduction of, . . 227 proceeds, distribution among, . . . 227 certificate, stock, each stockholder entitled to, 182 majority to approve leases, .... 202 two-thirds to approve consolidation or sale, 199, 200 two-thirds to approve change of name, . 232 may petition for dissolution, . . . 244 may apply to supreme, etc., court, as to stock and bond issues, . . 230 STOCKHOLDERS Concluded, new shares, entitled to, cash payment for, notice of, special meetings, may request, vote for bond issue, for consolidation or lease, for reduction of stock, votes at meetings, . 230 . 230 . 230 181 229 201 . 227 181, 182 STOCK ISSUES. as to, commissioners may invoke equitable relief, ...... 230 grade crossings, for abolition, ... 24 pleasure resorts, for, .... 186, 225 purchase from receiver, after, . . 245, 246 upon domestic, by foreign corporation, . . 202 See CORPORATE MATTERS. STOCKHOLDING. in another company, authority for, 185, 186, 201 not permitted, except, . . . 185, 186 STONES. transportation of, ..... 187 STOPS. at railroad crossings, ...... 213 STREET RAILWAY. definition, ...... 169 jurisdiction of commissioners over, . 2, 3 STREET RAILWAY POLICE. See POLICE. STREET SPRINKLING CARS. authority for, ...... 187 See CORPORATE POWERS. STREET SWEEPINGS. transportation of, ... See CORPORATE POWERS. STREET WIDENING. assessment of part of expense of, . . STREETS. construction, grading, repairing of, . transportation of material, . . or cars of other railways, obstruction of, taken up, towns not liable to companies, See WAYS; OPERATION. STRUCTURES. at crossings, on ways, authorization, . overhead; consent of commissioners, . SUBMISSION. of books and accounts to commissioners, non-submission; penalty, ... SUBSCRIBERS. directors to be, formation, . . . SUBSCRIPTIONS. for shares; time for, etc., ... SUNDAY CARS. running of, permitted, . . . 187 207 187 187 214 211 231 231 170, 246 230 136, 137 364 INDEX TO STREET RAILWAY LAWS. SUNDAY LAW. no defence, liability for injuries, street railways exempt from, 136, 137 136, 137 SUPERIOR COURT. jurisdiction in equity, to appoint receivers, . 243 to enforce laws, orders, etc., concerning issues of stock and bonds, . . . 230 attorney-general, commissioners or stock- holder, etc., may apply, . . . 230 to order copies, books or records, exhibited to stockholders, .... 183 to review, annul, modify, amend rulings of state boards, ..... 250 dissolution, decree for, upon application, . 244 justice of, may compel attendance and testi- mony of witnesses before commission- ers, ....... 17 may hear and award costs in appeals from local valuation, .... 236 SUPERVISION. commissioners' authority as to, . . . 12 by commissioners, of grade crossings, . . 18 SUPREME JUDICIAL COURT. jurisdiction in equity, as to operation of trains and cars, .... 8 to appoint receivers, .... 245 to compel observance, etc., of street rail- way laws, ..... 250 to compel use of tracks, when, . . . 210 to dissolve domestic companies on issue of securities by foreign corporations, . 202 to enforce laws, orders, etc., concerning issues of stock and bonds, . . . 230 attorney-general, commissioners or stock- holder, etc., may apply, . . . 230 to enforce compliance with orders of com- missioners as to block signals, . . 8 to order copies, books or records, exhibited to stockholders, .... 183 to review, annul, modify, amend rulings of state boards, ..... 250 dissolution, decree for, upon application, . 244 justice of, may compel attendance and testi- mony of witnesses before commis- sioners, ...... 17 Public Service Commission Act of 1913. jurisdiction in equity to review, annul, etc., rulings or orders, . . 167, 168, 250 procedure prescribed by its rules, 167, 168, 250 terms on which the order shall be stayed, 167 168, 250 petitioner's attorney to file certificate as to probable ground for appeal, etc., 167, 168, 250 double costs if petition not a fit subject for judicial inquiry, . . 167, 168, 250 burden of proof on party adverse to show order invalid, . . . 167, 168, 250 proceedings to show order invalid to have preference, except, . . 167, 168, 250 jurisdiction to enforce valid orders of com- mission, ..... 168, 250 proceedings for preventing threatened viola- tions of law, .... 168, 250 counsel of commission to act, subject to attorney-general, . . . 168, 250 mandamus or injunction may issue, 168, 250 SYSTEM. uniform, books and accounts, . 14, 248, 249 T. TABLES. and abstracts for annual returns, . . 249 TAX COMMISSIONER. returns of length of line and dividends to, . 233 See TAXATION. TAXATION. In General, additional tax if dividends exceed eight per cent 237,238 application of tax, .... 243, 244 apportionment of franchise and additional tax, 239 corporate franchise, upon, .... 233 deductions from valuation of franchise, . 234 excise tax on earnings, . . . 240, 24 1 returns of length of line to assessors, . . 240 tax commissioner, to, of length and divi- dends, ...... 233 shareholders, list of, to be furnished tax com- missioner, .... 145, 236 Application of Taxes. for repair, etc., of public ways and places, 243, 244 for removal of snow from ways or places, . 244 Boston Elevated railway, tax, provisions as to [Special, 1898, 578, 28]. West End street railway, taxation of, provi- sions [Special, 1898, 578, 28]. Corporate Franchise Tax. annual returns to tax commissioner, con- tents, ' . . . . . 233 length of line in and out of state, . . 233 length of track operated in each city or town, ...... 233 amount of dividends paid, etc., . . . 233 treasurer to make oath to, ... 233 franchise, valuation, commissioner to ascer- tain 234 cash value to be true value, unless, . . 234 deduction for length of line without state, . 234 for real estate and machinery locally taxed 234 local assessment taken, but not conclusive, 234 appeal from local valuation, . . . 236 county commissioners or superior court may hear, ..... 236 ax commissioner may require, and be heard, 236 costs, award of, . . . . . 237 tax to be paid, how determined, . . . 237 provisions of law to apply, . . . 237 valuation, local, of real estate and machinery, 237 appeal from, commissioner may require, etc., 236 remedy when commissioner's is less than local assessment, .... 237 notice to company and to assessors, . . 237 failure to prosecute appeal, valuation con- clusive, .... 237 INDEX TO STREET RAILWAY LAWS. 365 TAXATION Concluded. Additional Corporate Franchise Tax. to be paid when dividends exceed eight per cent 237,238 amount to be determined by tax commis- sioner, ...... 238 exemption if six per cent not paid annually from beginning, .... 238 upon notice of abatement of valuation, etc., 239 Commutation Tax. assessments of excise tax proportionately, . 242 distribution of tax, determined by commis- sioners, when, ..... 243 gross receipts, except, return to assessors, . 242 length of track, annual return to assessors, . 242 payable to cities and towns, . . . 243 percentages, how based, . . . 242, 243 revision of tax, petition to commissioners, . 243 aldermen, selectmen or company, may ap- peal, 243 notice, hearing, determination, etc., . . 243 not to be changed for three years, etc., . 243 tax to be in addition to other lawful taxes, . 243 tax collector, notice to, by assessors, . . 243 collection, general laws to apply, etc., . 243 credited to sinking fund of park, etc., loans, 239 tax commissioner to determine amount due cities and towns, .... 239 notification, certification, appeal, etc., . 239 Exemption and Apportionment. no local assessment on shares when state tax is paid 239 apportionment of tax to cities and towns, . 239 proportionate to length of track operated in each town, ..... 239 on metropolitan park location, payable to state, 239 Wachusett Mountain reservation, payable to state, 239 Tax Commissioner. annual returns to, etc., .... 233 appeal from local valuation, may require, 236, 237 deduction for length of line without state, . 234 dividends, return of, to, .... 233 franchise, valuation cf, to ascertain, . . 234 remedy, when less than local assessment, . 237 to determine additional corporate franchise tax, when, 238 to determine amount due cities and towns, 239 wires, poles for, etc., taxation of. See WIBBS. TEMPORARY CLERK. appointment and duties, .... 171 TEMPORARY LOCATIONS. granting by local authorities to prevent inter- ruption of traffic, when, . . 176, 206 in altering, rebuilding or repairing bridges, . 176 application to local authorities, . . . 176 application to commissioners upon refusal or failure to act, . . . ' . . 176 conditions, obligations, etc., of grant, . . 176 certificate of commissioners approving loca- tion, 176 TEMPORARY LOCATIONS Concluded. acceptance of location within thirty days, . 176 limit of time for use of, removal of tracks, . 176 apportionment of expense of construction if connected with alteration or abolition of railroad crossing, . . . 176 TEMPORARY TREASURER. appointment and duties, . .'", . 171 TERMINI. to be set forth in agreement of association, 170, 246 TICKETS. forms of, etc., subject to approval, . . 116 TIME. for acceptance of location, limit, . . 172, 173 TOOLS, EMERGENCY. equipment with, commissioners may re- quire, 214, 215 TOWN OFFICERS. See SELECTMEN. TOWNS. distribution of tax, appeal to commissioners, . 241 excise tax payable to, . . . . .241 may furnish electricity, when, . . . 203 may purchase electricity, .... 203 commissioner to fix price, .... 203 See ELECTRICITY. not liable, discontinuance of ways, . . 211 recovery over by, against, when, . . . 212 costs recoverable by, when, . . . 212 route in, in agreement of association, . 170, 246 TRACKS. discontinuance of use, voluntary, . . . 210 temporary, . . . . . .211 explosives upon, prohibited; penalty, . . 214 non-removal on revocation; penalty, . .211 obstruction of; penalty, .... 214 endangering life or safety; penalty, . . 214 refusal to operate, appeal, etc., . . 210,211 petition to compel resumption of use, . . 210 removal of, at company's expense, . .210 repairs, negligence as to, etc., . . 211, 212 action, notice, etc., .... 211,212 use of, regulated, ..... 209 joint use, ...... 186 voluntary discontinuance of, . . . 210 temporary discontinuance of, . . . 211 See OPERATION. length of, return to assessors, . . . 240 relocation in grade crossing proceedings, 22-24 TRANSFERS. discontinuance of, regulated, commissioners to approve, ..... 224 on cars, conditions, misuse of, . . . 225 of stock 182 TRANSPORTATION. of baggage, express matter and freight, . 189 of coal 187 of explosives, ...... 133 of gravel, dirt, street sweepings, . . . 187 of mails, ....... 187 366 INDEX TO STREET RAILWAY LAWS. TRANSPORTATION Concluded. of merchandise, ...... 189 of milk and cream, ..... 188 of newspapers, ...... 189 of road material, ice, snow, .... 187 TREASURER. bond of, by-laws to fix, .... 179 election and bond, ..... 179 bonds, to record [repealed], ... 61 temporary, appointment, duties, . . 171 to swear to returns to tax commissioner, . 233 to commissioners, . . . , 248, 249 TRUSTEE. may vote on stock held by him, u. UNIFORM SYSTEM. of accounts, etc., continuance of, . UNITED STATES MAIL. street railways may carry, . y. VACANCIES. . among officers, directors to fill, 182 14, 248, 249 187 171, 180 VALUATION. of property of common carriers, investigation, etc., of books, ..... 16 access to books, documents, etc., of state de- partments, etc., . . ... 16, 17 revaluation of such property at any time, . 16, 17 VALUATION OF FRANCHISE. deductions from, in taxation, . . . 234 tax commissioner to ascertain, . . . 234 valuation of real estate, etc., appeal from, . 234 Bee TAXATION. VEHICLES. street railway cars not so considered, unless, 189 VESTIBULES. for cars, approval, neglect of; penalty, . 216 217 VOID. location, if organization incomplete in eighteen months, 172, 173 if some portion not built, etc., in eighteen months, ...... 184 on failure to apply for certificate within thirty days, . . . . .173 by refusal of certificate or non-acceptance, . 173 VOLUNTARY ASSOCIATIONS. or express trusts, books, accounts, contracts, examination of, .... 14 records and memoranda, examination of, . 14 trustees under a written instrument or declara- tion of trust, etc., examination, etc., 14 reports and information as to relations with railroad, street railway, etc., corpora- tions, may be required, ... 14 VOLUNTARY ASSOCIATIONS Concluded, examination of books, etc., of partnerships, etc., under same ownership as street railway, etc., corporations, . . 15 investigation of dealings between street rail- way, etc., companies, and such part- nerships, etc., ..... 15 reports and information may be required, . 15 refusal or neglect; penalty, .... 15 supreme judicial court, jurisdiction in equity as to, . . . . . .15 rates and service, recommendations, etc., not affecting interest of such partnerships, 15 written instruments or declarations of trust, copy filed with commissioner of corpo- rations, . . . . . .162 copy filed with clerk of city or town where located, 162 annual statements filed with commissioner of corporations and with commission- ers, when; penalty, . . . .162 copies to be transmitted to secietary of commonwealth, publication, . 162, 163 certain corporations not to acquire more than ten per cent of total stock of railway company, . . . . .163 name or title not to be like that of public serv- ice corporation controlled, etc., . 170, 171 commissioners to investigate question of violation of above; penalty, . . 171 violations to be reported to attorney- general, recovery or forfeiture, injunc- tion, etc., . . . . . 171 adopted prior to act not affected, . . 171 VOTE. of stockholders, approving consolidation, . 199 VOTES. at meetings, by stockholders, VOTING. by stockholders at meetings, proxy voting regulated, . in relief societies, w. WACHUSETT MOUNTAIN TION. loeation upon, provisions as to, tax payable to commonwealth, WAITING ROOMS. commissioners may supervise, local authorities may petition, loitering in, . See STATIONS. WAY. public, definition, 181, 182 181, 182 . 182 33 RESERVA- WAYS. alteration of, liability for expense, alteration of grade of, expense, betterments, assessment, etc., assessment, not more than one-quarter cost, provisions of law applicable, construction, grading, repair of, . transportation of material, 175 239 12 13 214 169 211 207 207 207 207 187 187 INDEX TO STREET RAILWAY LAWS. 367 WAYS Concluded. crossings over or under, consent to, . 86, 192, 193 defects in, company liable, when, . . . 212 discontinuance of, . . . . .211 of tracks in, etc., ..... 210 grades and curves in, locations to avoid, . 191 grade crossings, abolition or avoidance of, . 231 land taking, construction within way, . 231 negligence, liability for, .... 212 obstruction of streets; penalty, . . . 214 operation on, ...... 209 exceptions, ...... 191 reserved spaces in public ways, . . . 193 repair of, etc., . . . . . .211 state highways, operation on, . . . 208 structures on, authorization, . . . 208 taken up, towns not liable, etc., . . . 211 tracks in, repairing, etc., .... 211 use of, by cars; penalty, .... 209 widening for street railways, expense, . . 207 decision, necessary for public convenience, . 207 assessment not to exceed one half cost, . 207 See also STATE HIGHWAYS; OPERATION. WEEKLY PAYMENTS. to employees, . . . . . .114 WEST END STREET RAILWAY COM- PANY. dividends for rental deemed earnings, . . 247 WHEEL GUARDS. equipment of cars with, .... 214 requirement by commissioners, . . 214, 215 WIDENING. of ways, expense of, . . . . . 207 WIRES. regulations as to, . . . . 193, 198 insulators, lightning arresters, etc., . . 193 marking feed wires, etc., when, . . . 193 poles for, taxation of underground conduits, wires, pipes in streets, . . . 235 of poles, underground conduits and pipes with wires in private property, . . 235 or in other locations, .... 235 street railway companies excepted, 235, 240 tax commissioner to ascertain market value of shares, ..... 235 deductions, lying outside of commonwealth, real estate, etc., locally taxed, etc., . 235 domestic telephone companies, market value of stock in other corporations held by, 235 foreign telephone companies, value of stock proportional, etc., without common- wealth, 235 value of real estate, machinery, etc., locally taxed 235 local valuation may be taken as true value, but not conclusive, .... 236 appeal from local valuation, tax commis- sioner may require, .... 236 may be heard upon such appeal, costs, etc., 236 remedy when assessors' valuation exceeds that of tax commissioner, . . . 236 WITNESSES. compulsory attendance of, . . . .17 summoning, oaths, fees, etc., ... 17 by inspectors, ..... 36 fees, not allowed street railway police officers, 36 WORKINGMEN'S RATES. of fare, ....... 219 tickets, . , , , , 116 INDEX TO ELECTRIC RAILROAD LAWS. A. ABOLITION GRADE CROSSINGS. stock or bond issue for. See CAPITAL STOCK; BONDS. See Index to Railroad Laws. ABUTTING OWNERS. notice to, as to route. See FORMATION. ACCIDENTS. prevention of, commissioners may make rules for 261 liability, penalty, for negligence, etc. See Index to Railroad Laws. notice of, inquests. See Index to Railroad Laws. loss of life by, penalty. See Index to Railroad Laws. AGREEMENT. of association. See FORMATION. as to route. See FORMATION. ALDERMEN. duties as to route, etc. See FORMATION (Fix- ing the Route); LOCATION. state highway commissioners have powers of. See LOCATION. duties as to alteration, extension and revoca- . tion of location. See LOCATIONS. overhead crossings, action as to. See CROSS- INGS. speed, action on. See HIGHWAYS. ALTERATION OP CROSSINGS. See In- dex to Railroad Laws ALTERATION OF LOCATION. See LOCA- TION. AMENDMENTS. to act 254, 257-259, 261, 267 APPLICATION. for certificate of exigency. See FORMATION. one year after refusal. See FORMATION. for route. See FORMATION. APPEAL. See RAILROAD COMMISSIONERS; TAXATION. APPLICATION OF TAXES. See TAXATION. APPORTIONMENT. See TAXATION. APPROVAL. See RAILROAD COMMISSION- ERS. ASSESSMENT; ASSESSORS. See TAXATION. ASSOCIATES. See FORMATION. ATTACHMENT. of rolling stock. See Index to Railroad Laws. ATTORNEY-GENERAL. action on returns. See REMEDIES. AUCTION SALE. of stock. See CAPITAL STOCK. AUTHORITY. of companies. See FORMATION; CORPORATE POWERS. of commissioners. See RAILROAD COMMIS- SIONERS. See also Index to Railroad Laws, PUBLIC SERVICE COMMISSION. AVOIDANCE OF CROSSINGS. purchase of land for, etc. See CROSSINGS. B. BAGGAGE TRANSPORTATION. See COR- PORATE POWERS (Common Carrier). BELLS. railroad law not to apply, . . . 260, 261 commissioners to make rules as to, . 260, 261 BETTERMENTS. See LOCATION (Street Widening); BONDS; CAPITAL STOCK. BOARD OF APPEAL. See TAXATION. BONDS. issue of, amount determined by commissioners, 225 approval by commissioners, . . . 225 for certain purposes, ..... 225 pleasure resorts, for acquiring, . . . 225 power houses, car houses, park buildings, for, 225 rolling stock, for additional, . . . 225 motive power, for changing, . . . 225 electricity, for lighting towns, . . . 225 grade crossings, for abolishing, . . . 225 widening or altering streets, betterments, for paying, ...... 225 permanent investments or improvements for, . 225 370 INDEX TO ELECTRIC RAILROAD LAWS. BONDS Continued. for certain purposes, real or personal property, additional for 225 refunding funded debt, for, . . . 225 payment of money borrowed or indebted- ness incurred, for, . . . . 225 decision of commissioners within thirty days, 228 to assign reasons, specify amounts, and for what purposes, . filing in seven days, ..... 228 certificate to secretary of commonwealth within three days 228 ^no issue before certificate is filed, . . 228 premiums, cash, added to par value of cap- ital in computation, when, . . 61 proceeds, application of, for specified pur- poses only, ..... 228 limit of issue of bonds, coupon notes, etc., 60, 228 certain bonds lawfully issued excepted, . 228 bonds to retire outstanding evidences of in- debtedness excepted, . . . 228 stockholders to authorize issue by vote, . 228 special meeting called for the purpose, . 228 floating debt, funding, etc., bond issue for, . 60 mortgages to secure, .... 60 amounts, not less than one hundred dollars each, 60 payable in periods not exceeding fifty years, 60 interest not exceeding seven per cent, per year, 60 payable annually or semi-annually, . . 60 treasurer to record in office, ... 61 to be approved by person appointed therefor, 61 certificate of proper issue and record, . 61 securities, collectible, though sold at less than par, 61 of other corporations, railroad law not to apply 260 Registered Bonds. exchange for coupon, etc., .... 63, 64 terms, regulations, prescribed by directors, 63, 64 trustees, if any, to approve, ... 64 to be in conformity with laws as to coupon bonds, 63, 64 exchange not to affect mortgage or pledge given, ...... 64 coupon bonds, cancelled and destroyed at exchange, ..... 64 Mortgages. to secure bonds previously issued, . . 64 trustees under, may enter upon property, when, ...... 64 may contract with corporation to operate road 64 vote of bondholders, etc., prerequisite, 64 meeting called for the purpose, . . 64 notice, publication, etc., ... 64 liabilities incurred in operation, claim against income, .... 64 subject to laws applying to corporations, . 49 annual meeting of bondholders or creditors, to call, 64 annual report to be submitted, . . 65 election and confirmation of trustees, . 65 five bondholders may call, when, . . 65 notice, publication, etc., .... 65 proceedings confirmed by justice of supreme court, notice, etc., . . . . .65 hearing, decree, filing, etc., . 65 BONDS Concluded. equity jurisdiction to enforce, ... 65 summary removal of trustee under mortgage, 65 sale under foreclosure, .... 65 purchaser, rights, liabilities, etc., . . 65 BOOKS AND RETURNS. uniform system, annual returns, etc. See Index to Railroad Laws. returns, refusal or neglect to make, . . 160 BOYNTON BICYCLE RAILWAY. provisions, as far as applicable, etc., . . 267 BRANCHES. aid in construction of. See Index to Railroad Laws. and extensions. See Index to Railroad Laws. BRIDGES. repair of, etc. See HIGHWAYS. guards for. See OPERATION. See also Index to Railroad Laws. CAPITAL STOCK. fixed in agreement of association, . . . 253 subscription, payment, etc., ... 54 par value. See FORMATION. of other corporations, railroad law not to apply 260 Issue of. amount determined by commissioners, . 226, 227 decision within thirty days, .... 228 to assign reasons, specify amounts, and for what purposes, ..... 228 filing in seven days, .... 228 certificate to secretary of commonwealth within three days, .... 228 no issue before certificate is filed, . . 228 proceeds, application of, for specified pur- poses only, ..... 228 preferred, authority, ..... 70 subject to all general laws governing issue, 70 certificates to include by-laws or vote of cor- . poration authorizing issue, . . 70 Increase of. amount to be determined by commissioners, 225 approval by commissioners, .... 225 for certain purposes, ..... 225 pleasure resorts, for acquiring, . . . 225 power houses, car houses, park buildings, for 225 rolling stock, for additional, . . . 225 motive power, for changing, . . . 225 electricity, for lighting towns, . . . 225 grade crossings, for abolishing, . . . 225 widening or altering streets, betterments, for paying, ..... 225 permanent investments or improvements, for 225 premiums, cash, added to par value of capi- tal in computation, when, . . . 61 real or personal property, additional, for, . 225 refunding funded debt, for, . . . 225 payment of money borrowed or indebted- ness incurred, for, .... 225 INDEX TO ELECTRIC RAILROAD LAWS. 371 CAPITAL STOCK Concluded. new shares, to be offered stockholders, . 230 price not less than market value, to be deter- mined by commissioners, . . . 230 certificate to company, record, . . . 230 notice to each stockholder of record, . 230 subscription to be within fifteen days, . 230 payment in cash before issue of certificate, 230 auction sale of stock, when, .... 230 sale of shares unsubscribed at, . . 230, 231 notice by publication five days, etc., . . 231 shares not to be sold at less than par value, 231 CAR HOUSES. stock or bond issues STOCK; BONDS. for. See CAPITAL CARS. See HIGHWAYS; OPERATION. equipment of, with safety appliances, etc. See Index to Railroad Laws. drawing, compensation, etc. See Index to Railroad Laws. street sprinkling, use of. See OPERATION. CERTIFICATE. as to stock or bond issue. See CAPITAL STOCK; BONDS. as to publication. See FORMATION. of exigency. See FORMATION. of compliance, preliminary to charter. See FORMATION. of directors, clerk, treasurer. See FORMA- TION. of incorporation. See FORMATION. of clerk of town as to route; conclusive evi- dence. See FORMATION. of commissioners as to route. See FORMA- TION. as to operation of cars. See OPERATION. CHARTER. certificate of incorporation. See FORMATION. by concurrent legislation. See Index to Rail- road Laws. CITIES. clerks of. See FORMATION. purchase of electricity. Bee CORPORATE POWERS. CLERK. of association or corporation. See FORMATION; CORPORATE POWERS. of city or town. See FORMATION. CLERK OF THE BOARD. certificate of, as to route. See FORMATION. COMMON CARRIERS. of baggage, etc. See CORPORATE POWERS. See Index to Railroad Laws, COMMON CAR- RIER. COMMONWEALTH. rights reserved by. See Index to Railroad Laws. COMMUTATION TAX. See TAXATION. CONCURRENT LEGISLATION. corporations chartered by. See Index to Rail- road Laws. CONDITIONAL SALES. of rolling stock. See Index to Railroad Laws. CONDITIONS. terms, obligations, as to locations. See FOR- MATION. CONDUCTORS. hours of, etc. See OPERATION. See also Index to Railroad Laws, EMPLOYEES. CONNECTING LOCATION. See LOCATION. CONNECTING ROADS. bonds of, guaranteed, when. See Index to Railroad Laws. purchase of. See Index to Railway Laws. switch connections to secure through route, . 138 CONSTRUCTION. cost of, estimate. See FORMATION. wires, poles, rails, etc., prescribed. See FOR- MATION. CORPORATE FRANCHISE TAX. See TAX- ATION. CORPORATE NAME. See FORMATION. CORPORATE POWERS. authority of companies defined, . 252, 259, 260 powers and privileges of railroad corpora- tions, except, . . . 252, 260, 261 Capital Stock and Bonds. See BONDS; CAPITAL STOCK. Common Carrier. of baggage, express matter and freight, . . 259 president, directors or interested party may apply, 259 aldermen, selectmen, etc., to approve, . 259 certificate of public convenience, etc., by commissioners, ..... 260 regulations and restrictions by local author- ities 260 approval by commissioners, . . . 260 subject to laws as to common carriers, etc., . 260 transportation of merchandise. See Index to Railroad Laws. Electricity. cities and towns not to manufacture for com- panies, ...... 203 cities and towns may purchase from com- panies for lighting purposes, . . 203 contracts not to exceed ten years, . . 203 commissioners to approve terms, etc., . 203 meters part of distributing system, etc., . 204 disagreement, appeal to commissioners, etc., 204 price to be fixed by commissioners, after hearing, etc., ..... 204 subject to general laws, etc., . . . 204 372 INDEX TO ELECTRIC RAILROAD LAWS. CORPORATE POWERS Concluded. Recreation Grounds. companies may acquire pleasure resorts, approval by commissioners, admission to be free, ..... restrictions, approval by commissioners, to be imposed by aldermen or selectmen, intoxicating liquors, not to be sold on grounds, land not to be sold without approval of com- missioners, ..... issue of stock or bonds for, .... CORPORATIONS. officers, meetings, etc. See Index to Railroad Laws. other, taking securities of. See Index to Rail- road Laws. COUPON BONDS. See BONDS. CRIMES. See Index to Railroad Laws. CROSSINGS. of highways, ...... of navigable streams, ..... of railways, ...... of railroads, ...... of tide waters, ...... supervision, separation, alteration, abolition, etc. See Index to Railroad Laws. private, severance of land, etc. See Index to Railroad Laws. Avoidance of. purchase of land for, outside public ways, plan for, to be approved by aldermen or selectmen, ..... public notice, hearing, etc., consent of railroad corporation or other company, ..... taking with approval of commissioners, notice, hearing, ...... description of land to be filed in registry of deeds, ...... damages, assessment, payment, recovery, construction of tracks over or under rail- roads, agreement, .... commissioners to prescribe, when, overhead structures, not less than eighteen feet above railroad track, unless, consent of commissioners, when, structures or alterations in highways, authori- zation, ...... aldermen, selectmen or state highway com- mission may permit. D. DAMAGES. secured, prior to charter. See FORMATION. Recovery of. tracks in ways, additional servitude when ele- vated, ...... lessees, mortgages, etc., may recover, petition to superior court, filing notice, answer, etc., ..... hearing by jury, if, etc., ..... finding, verdict, how rendered, 186 186 186 186 186 186 186 225 253 253 253 253 253 231 231 231 231 231 231 231 231 231 231 231 231 231 267 267 267 267 267 DIRECTORS. See FORMATION; CORPORATE POWERS. DISORDERLY CONDUCT. See OPERATION. DISSOLUTION. of corporation. See Index to Railroad Laws. DIVIDENDS. over eight per cent, additional tax. See TAXATION. stock, forbidden. See Index to Railroad Laws. DRAWBRIDGES. provisions as to. See Index to Railroad Laws. E. ELECTRICITY. as motive power. See FORMATION. sale of lighting. See CORPORATE POWERS. stock or bond issue for. See CAPITAL STOCK; BONDS. EMBANKMENTS, FENCES, ETC. construction, etc. See Index to Railroad Laws. EMPLOYEES. laws as to; accidents to, liability, etc. See Index to Railroad Laws. transportation for, ..... 124 EQUIPMENT. inquiry into 127, 128 inspection of, . . . . . .36 of cars, commissioners may prescribe regula- tions for, 261 EQUITY JURISDICTION. as to meetings, etc., of bondholders. See BONDS (Mortgages). as to discontinuance of tracks. See HIGH- WAYS. as to violation of laws, rules, orders, . . 250 ESTIMATE. of cost of construction. See FORMATION. EXEMPTION. See TAXATION. EXIGENCY. certificate of. See FORMATION. EXCISE TAX. See TAXATION. : EXPLOSIVES. on tracks. See OPERATION. EXPRESS TRANSPORTATION. See COR- PORATE POWERS (Common Carrier). EXTENSION OF LOCATION. See LOCA- TION. F. FARES. fixing, regulating, etc. See Index to Railroad Laws. evasion of. See Index to Railroad Laws. INDEX TO ELECTRIC RAILROAD LAWS. 373 FLOATING DEBT. bond issue for funding. See BONDS. FORECLOSURE. See BONDS (Mortgages). FORMATION. of companies, ..... 252-261 associates, fifteen or more, . . . 252 authority and powers of, . . . . 252 motive power, electricity or, other than steam 252 Agreement of Association. contents of. .... to state intention, ..... corporate name, not similar to, etc., to contain words "electric railroad com- pany," ...... term in. length, etc., .... name of county, city and town where lo- cated, ...... gauge, four feet eight and one-half inches, amount of capital, not less than ten ' thousand dollars, .... par value of shares, one hundred dollars, names and residences of directors, to be subscribers to agreement, . to serve until organization of company, associate, each, to subscribe to, . name, residence, post-office address, . number of shares he agrees to take, . not to pay more than ten per cent, unless, publication of, before application to commis- sioners, ...... in each city and town, unless, . newspaper to be designated by commis- sioners, when, ..... sworn certificate of clerk conclusive evi- dence as to, . Certificate of Exigency. application to commissioners, within thirty days of publication of agree- ment, ...... map to be filed with application, to show highways, railroads, railways to be crossed, ..... to show navigable streams and tide waters to be crossed, extent of route on private land, . - . extent longitudinally, public ways and places, ...... profile to be filed, showing grades, estimate of cost of construction to be filed, additional maps and information to be fur- nished, ...... change or modification of route, when, . certificate of public convenience and neces- sity, ...... no further proceedings if refused, application may be renewed one year after refusal, ...... Certificate of Incorporation. capital, total named in agreement to be sub- scribed, ...... ten per cent to be paid in cash before, certificate of directors, clerk and treasurer, good faith of associates to be shown, 252, 253 252 252 252 252 252 252 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 253 64 .54 54 54 FORMATION Continued. publication of agreement, certificate of, to be filed 54 route, certificates fixing, to be filed, . . 54 report of engineer and map, to bs deposited, 54 certificate of compliance, issued by commis- sioners, ...... 54 damages, payment of, to be secured, . . 54 to be annexed to agreement of association, 54 to be filed with secretary of commonwealth ; fee, r .54 to be open to public inspection, . . 54 issued by secretary of commonwealth, . . 259 to contain words "electric railroad compa- nies," etc., ..... 259 seal of commonwealth to be affixed, . . 55 to have force and effect of a special charter, 55 recording; copy to be conclusive evidence of existence of corporation, ... 55 Fixing the Route. application to local boards, when, . . 253 within sixty days after certificate of exi- gency, ...... 253 maps and profile to be filed, . . . 253 other information upon request, . . 254 notice of hearing, fourteen days, . . . 254 publication of notice, .... 254 commissioners to designate newspapers, when, ...... 254 written notice to abutting owners, . . 254 to be mailed by clerk of city or town, seven days before hearing, . . . 254 ownership, how determined, . . . 254 certificate of clerk to directors as to, con- clusive evidence, .... 254 agreement by aldermen, etc., as to route, . 254 assent of directors to requirements as to route, 254 approval of route by commissioners thereafter, 254 change in, to include other cities or towns, etc., 255, 256 application to commissioners, when, . 255, 256 permission to apply again to local authorities, when . 256 map, etc., to be furnished, hearing on appli- cation, authority, etc., . . . 256 subsequent proceedings before local boards, . 256 no obligation to construct on original route, . 256 commissioners' order to act as amendment, 256, 257 certified copy to be attached to agreement of association, ..... 257 certificate setting forth route as fixed, . . 254 no further proceedings necessary, . . 254 agreement with directors as to different route, ...... 254 failure to agree within ninety days, . 254, 255 as to requirements for highway locations, approved by commissioners, . . 254 application to commissioners, public notice and hearing, .... 254, 255 fixing of route, grades, construction, etc., . 255 no change without approval of commis- sioners, after notice and hearing, . 255 certificate as to route, .... 255 clerk of commissioners to certify to directors, 255 longitudinally upon ways by consent of local authorities, .... 255 not fixed until requirements are approved by commissioners, .... 255 374 INDEX TO ELECTRIC RAILROAD LAWS. FORMATION Concluded. Location in Public Ways. aldermen or selectmen to determine public necessity, ..... 258 construction, wires, poles, rails, etc., to be prescribed ..... 258,259 terms, conditions and obligations may be im- 259 posed, to be approved by commissioners, . . 259 FREIGHT TRANSPORTATION. See COR- PORATE POWERS (Common Carrier). G. GAUGE. See FORMATION. GENERAL COURT. petitions to, contents, etc. See Index to Rail- road Laws. GRADE CROSSINGS. abolition of, stock or bond issue for. See CAPITAL STOCK; BONDS; Index to Railroad Laws, stops at. See OPERATION. regulation of. See Index to Railroad Laws. GRAIN ELEVATORS. as to, railroad law not to apply, . . . 260 GRAVEL. transportation of. See TRANSPORTATION. H. HIGHWAY COMMISSIONERS. State. See LOCATION; CROSSINGS. HIGHWAYS. See PUBLIC WAYS. crossing of. See CROSSINGS. locations on. See FORMATION. widening. See LOCATION. state. See LOCATION. Cars, Speed, Use of. rules by aldermen or selectmen, as to, . . 209 approval, revision, alteration by commis- sioners, ...... 209 by-laws as to speed, etc.; penalty, . . 209 obstruction of highways by cars, etc.; penalty, 214 railroad law not to apply, 261 occupation by cars, railroad law not to apply, 261 Snow. clearing from tracks, regulations by superin- tendent, etc., .... 209, 210 limit of amount removed by companies, . 210 transmission of rules to company, when, . 210 copy filed with commissioners, . . . 210 appeal to commissioners by company, when, 210 notice, hearing, findings, amendments, etc., 210 in force for one year, . . . .210 Discontinuance of Tracks. voluntary, removal, after six months, . restoration of surface at expense of com- pany, 210 210 HIGHWAYS Concluded. refusal to operate upon request, appeal, . 210 two or more municipalities may join in ap- peal 210,211 equity jurisdiction to enforce, . . 210, 211 decree, notice, hearing, decision, etc., . 211 temporary discontinuance of use, when, . 211 discontinuance of highway where located, town not liable, . . . .211 211 211 Repair of Bridges. surface material, companies not required to repair, ...... to be replaced by company when disturbed, exception, ..... opening of street, highway or bridge for re- pairs or renewals, . . . .211 permits from local authorities, . . . 211 liability of company for loss or injury, when, 211, 212 obligation to construct and maintain certain bridges 211,212 defective streets or bridges, liability of com- pany, damages, . . . 211, 212 commonwealth, city, town, railroad or bridge corporation, may recover from company, when, . . . .212 guards or railings upon bridges and draws, . 212 I. ICE. transportation of. See TRANSPORTATION. INCORPORATION. certificate of, etc. See FORMATION. INCREASE OF STOCK. See CAPITAL STOCK. INQUESTS. See Index to Railroad Laws. INSPECTION OF EQUIPMENT. See In- dex to Railroad Laws. INSPECTORS. appointment, duties, etc. See Index to Rail- road Laws. INTERESTED PARTIES. mayor and aldermen, selectmen, abutters, so considered, ..... railroad corporations, street railway com- panies, so considered, ISSUE OF BONDS. See BONDS. ISSUE OF STOCK. See CAPITAL STOCK. 266 266 J. JOINT USE OF TRACKS. permission for, ..... 186, 187 rules and regulations determined by commis- sioners, . . . . . .186 to secure through route, . . . .138 JURISDICTION. of commission, . . . . . . 2, 3 INDEX TO ELECTRIC RAILROAD LAWS. 375 L. LAND TAKING. for avoidance of crossings. See CROSSINGS. damages, etc. See Index to Railroad Laws. LEASE OR PURCHASE. of connecting lines. See Index to Railway Laws. LENGTH OF RAILROAD. See FORMATION. LIENS. for labor and materials. road Laws. See Index to Rail- LOCAL AUTHORITIES. duties as to route, etc. See FORMATION. LOCATIONS. fixing. See FORMATION. in ways. See FORMATION. restrictions as to. See Index to Railroad Laws. Connecting Location. application to commissioners, when, . . 185 notice, hearing, etc., .... 185 abutters to be notified, .... 185 decree of public necessity and convenience, . 185 appliances, conditions, obligations, speci- fied, 185 void, unless accepted within thirty days, . . 185 to secure through route, .... 138 Street Widening. decision of public necessity and convenience, 207 expense, share may be assessed on company, when, ...... 207 not to exceed one-half cost, etc., . . 207 alteration, grade, etc., expense, company may share, when, .... 207 betterments, assessments not to exceed, . 207 total assessment, not to exceed one-quarter of cost . .207 betterment law to apply, when, . . . 207 collection of assessments, .... 207 State Highways. streets to become state highways, location on, 208 application to highway commissioners, when, 208 location and grade to be fixed, . . . 208 agi cement as to cost of construction, . . 208 as to damages, etc., .... 208 to remain a town way, until, . . . 208 commissioners to have powers of selectmen, etc 208 permit to open highway for construction, 208, 209 regulations, supervision, expense, etc., 208, 209 Extension of Location. fifty voters, company, may petition aldermen or selectmen for, .... 204 public notice and hearing, . . . 204 grant, conditions, terms, etc., . . . 204 restricted to those in original location, etc., 204 approval by commissioners, notice, hearing, 204, 205 alteration in grant, notification, hearing, . 205 void unless accepted in sixty days, . . 205 void unless approved by commissioners, , 205 LOCATIONS Concluded. Alteration of Location. petition to aldermen, etc., by company or interested party, .... 205 public notice, hearing, decision, . . 205 time for, expense, etc., .... 205 approval by commissioners, notice, hearing, 205, 206 amendment to alteration before certificate, notice, hearing, .... 206 void unless accepted within sixty days, . 206 Revocation of Location. action by local board after one year from opening 206,207 public notice, hearing, . . . 206, 207 company may consent within thirty days, . 207 void unless approved by commissioners, notice, hearing, .... 207 removal of tracks, restoration of surface, . 207 work done at company's expense, upon neg- lect 207 expense recovered in action of tort, . . 207 for voluntary discontinuance of use, after six months, ... 210 LOCOMOTIVE BOILERS. testing, railroad law not to apply, 260, 261 LONGITUDINAL LOCATIONS. in ways. See FORMATION. railroad law not applicable, . . . 260, 261 accidents, liability to towns, railroad law not applicable, . 261 M. MAILS. transportation of. See Index to Railroad Laws. MAP. See FORMATION. MEETINGS. See FORMATION; BONDS. See also Index to Railroad Laws. METROPOLITAN PARKS. See TAXATION. MILITARY SUPPLIES. transportation of, 187 regulations may be imposed by commis- sioners, ...... 188 MISSILES. throwing, penalty. See Index to Railroad Laws. MORTGAGES. See BONDS. MOTIVE POWER. See FORMATION. stock or bond issue for changing. See CAP- ITAL STOCK; BONDS. MOTORMEN. hours of. See OPERATION. See also Index to Railroad Laws, EMPLOYEES. MUFFLERS. with vacuum brakes, railroad law not to apply, ...- 261 376 INDEX TO ELECTRIC RAILROAD LAWS. NAME. See FORMATION. change of. See Index to Railroad Laws. NAVIGABLE STREAMS. crossing of. See CROSSINGS; FORMATION. NEWSPAPERS. notices in, designation by commissioners, when. See FORMATION. NOTICE. of hearings as to route, etc. See FORMATION. of agreement of association. See FORMATION. to stockholders, of increase. See CAPITAL STOCK (Increase of). of auction sale of stock. See CAPITAL STOCK. o. OBSTRUCTION. of highways by cars. See HIGHWAYS (Cars). OCCUPATION. of highways by cars. See HIGHWAYS (Cars). OFFICERS. duties, etc. See Index to Railroad Laws. OPERATION. certificate of commissioners before opening for public use, ..... 209 speed of cars, regulations by local authorities, 209 guards or railings upon bridges and draws, . 212 commissioners to approve; penalty, . . 212 grade crossings, stops at, within one hundred feet; penalty, ..... 213 approach of cars, warning, .... 213 local regulation, approval by commissioners, 213 occupation of highways by cars, railroad law not to apply, . . . . .261 obstruction of highways by cars, etc. ; penalty, 214 railroad law not to apply, . . .261 obstruction of tracks; penalty, . . 213, 214 which endangers life; penalty, . . . 214 explosives, placing upon tracks; penalty, . 214 loitering in stations or waiting rooms, etc.; penalty, ...... 214 disorderly conduct, etc., in cars; penalty, . 214 sales upon cars by children; penalty, . .214 fenders, wheel guards, brakes, emergency tools 214,215 heating of cars, rules for; penalty, . . 216 platforms, enclosed when, rules; penalty, 216, 217 decisions of commissioners, force and effect; penalty, ...... 217 conductors and motormen, hours of labor, exceptions, etc., . . . 217, 218 street sprinkling cars, use of, contracts, . 187 regulations and restrictions, approval by commissioners, ..... 187 OVERHEAD STRUCTURES. less than eighteen feet above track, when. See CROSSINGS. P. PARKS. acquisition of, etc. See CORPORATE POWERS. metropolitan. See TAXATION. PAR VALUE. of shares. See FORMATION. stock not sold at less than See CAPITAL STOCK (Increase of). PASSENGERS. transportation of, etc. See Index to Railroad Laws. PENALTY. as to locomotive boilers, mufflers, safety valves, not to apply, . . . .261 for loitering in stations, disorderly conduct, etc. See OPERATION. for violation of various laws. See OPERA- TION. for loss of life by accident. See Index to Rail- road Laws. for neglect of regulations. See OPERATION. for various offences. See Index to Railroad Laws. See also CRIMES. PLATFORMS. enclosed, approval by commissioners. See OPERATION. PLEASURE RESORTS. acquisition of, etc. See CORPORATE POWERS. stock or bonds for. See CAPITAL STOCK; BONDS. POLICE. railroad. See Index to Railroad Laws. POWER HOUSES. stock or bond issues for. See CAPITAL STOCK; BONDS. POWERS. See CORPORATE POWERS. PREMIUMS. cash to be added to par value of capital in computation when, .... PRIVATE LAND. construction wholly or partly upon, one-half at least upon, .... See TAXATION. PRIVATE RAILROADS. provisions as to. See Index to Railroad Laws. PROFILE. See FORMATION. PROPERTY, REAL OR PERSONAL. stock or bonds for. See CAPITAL STOCK; BONDS. PUBLICATION. of agreement of association. See FORMA- TION. of notice as to route, etc. See FORMATION. til 252 252 INDEX TO ELECTRIC RAILROAD LAWS. 377 PUBLIC CONVENIENCE. certificate of. See FORMATION. PUBLIC NECESSITY. certificate of. See FORMATION. as to connecting location. See LOCATION. PUBLIC SERVICE COMMISSION. powers, duties, etc. See Index to Railroad Laws, PUBLIC SERVICE COMMISSION. PUBLIC WAYS. construction wholly or partly upon, . . 252 extent to be shown, .... 253 PURCHASE. of connecting lines. See Index to Railway Laws. PURCHASER. after foreclosure, rights, liabilities, etc. See BONDS (Mortgages). R. RAILROAD COMMISSIONERS. appointment, duties, powers in general. See Index to Railroad Laws. accidents, may make rules to prevent, . . 261 may make regulations as to equipment, bells, whistles, signals, . . . .261 grade crossings, regulations, supervision. See Index to Railroad Laws. returns, action on neglect of, ... 249 revision of excise tax, .... 265, 266 taxation, distribution, when, . . . 266 Approval. bond issues, of, 225-227 electricity, contracts for, . . . . 203 freight transportation, etc., . . . 259, 260 locations, of, ... 185, 205, 206, 255-259 revocation of 206, 207 land taking, avoidance of crossing, . .231 motive power, ...... 252 name, ....... 252 newspapers, for publication of agreement, when 253 for publication as to route, when, . . 254 overhead structures for crossing, . . .231 rails, guards, for bridges. See OPERATION. route, of, ... ... 254-257 speed, regulation of, . . . . . 209 stock issues, amount, etc., .... ,227 increase, price, etc., ..... 230 Appeal. connecting location, as to, . electricity, as to contracts, . route, as to, snow, removal of, as to, . 185 . 203 254-257 209, 210 Certificate. of exigency (public convenience and neces- sity) See also FORMATION. of compliance, for charter. See FORMATION. See also Index to Railroad Laws, PUBLIC SERVICE COMMISSION. 253 RAILROADS. crossing of. See CROSSINGS. RAILWAYS. crossing of. See CROSSINGS. RECREATION GROUNDS. acquisition of, etc. See CORPORATE POWERS. stock or bonds for. See CAPITAL STOCK; BONDS. REFUNDING. of bonds. See BONDS. RELIEF CORPORATIONS. See Index to Railroad Laws. REMEDIES. additional, when laws are violated, . . 249 returns, refusal or neglect to make, . . 249 amendment of, refusal, etc., . . . 249 commissioners to present facts to attorney- general for action, .... 249 jurisdiction in equity to compel observance of law, 250 to restrain violation of all laws, . . 250 as to orders, rules, regulations by local boards 250 as to orders of commissioners, . , . 250 to review, annul, modify or amend rulings of state boards, .... 250 REGISTERED BONDS. See BONDS. RETURNS. See BOOKS AND RETURNS. REVOCATION OF LOCATION. See LOCA- TION. ROLLING STOCK. stock or bond increase for. See CAPITAL STOCK; BONDS. conditional sales of. See Index to Railroad Laws. attachment of. See Index to Railroad Laws ROUTE. See FORMATION. change or modification of. See FORMATION. certificates as to. See FORMATION. fixing. See FORMATION. general law as to laying out railroads. See Index to Railroad Laws. s. SAFETY APPLIANCES, SAFEGUARDS. provisions as to. See Index to Railroad Laws. SAFETY VALVES. for locomotives, railroad law not to apply, 261 SALE. under foreclosure. See BONDS (Mortgages). SECRETARY OF COMMONWEALTH. to issue charter certificate, etc. See FORMA- TION. certificates for. See FORMATION; CAPITAL STOCK; BONDS. certificate as to assessment. See TAXATION. 378 INDEX TO ELECTRIC RAILROAD LAWS. SELECTMEN. duties as to route, etc. See FORMATION (Fixing the Route) ; LOCATION. state highway commissioners have powers of. See LOCATION. duties as to alteration, extension and revoca- tion of location. See LOCATION. overhead crossings, action as to. See CROSS- INGS. speed, action on. See HIGHWAYS. SHARES. See CAPITAL STOCK. taxation of. See TAXATION. SIGNALS. commissioners to make rules as to, . . 261 at crossings. See Index to Railroad Laws. injury to. See Index to Railroad Laws. SNOW. removal of. See HIGHWAYS. application of tax for. See TAXATION. transportation of. See TRANSPORTATION. SPECIAL CHARTERS. See Index to Rail- road Laws. SPEED OF CABS. See HIGHWAYS. STATE HIGHWAYS. See LOCATION. STATIONS. provisions as to. See Index to Railroad Laws. loitering in. See OPERATION. STOCK. See CAPITAL STOCK. STOCK DIVIDENDS. or scrip, forbidden, when, liability, etc. See Index to Railroad Laws. STOCKHOLDERS. new stock for. See CAPITAL STOCK (In- crease), vote on bond issue. See BONDS. STONES. transportation of. See TRANSPORTATION. STOPPING TRAIN. wilfully, ra : lroad law not to apply, . . 261 STREET SPRINKLING CARS. use of. See OPERATION. STREET WIDENING. See LOCATION. betterments, stock or bonds for paying. See CAPITAL STOCK; BONDS. SUBSCRIBERS. See FORMATION (Agree- ment of Association). SUPERIOR COURT. appeal to, as to taxation. See TAXATION; EQUITY. SUPREME JUDICIAL COURT. equity proceedings as to mortgaged roads, 65 See BONDS (Mortgages). See EQUITY. SWITCHES, BRIDGE GUARDS. provisions as to. See Index to Railroad Laws. T. TAXATION. date of assessment, first day of April, . . 233 of underground conduits, etc., . . . 240 Corporate Franchise Tax. annual returns to tax commissioner, contents, oath, etc., . . . 145, 261-263 length of line to be returned, . . 145, 262 without commonwealth, to be returned, 145, 262 upon private land, to be returned, . 145, 262 operated in each city or town, to be re- turned, 145, 262 how determined, owned or leased, etc., 145, 262 shares, market value, to be ascertained, 145, 146, 262 fair cash value to be estimated, 146, 147, 262 taken as true value of corporate franchise, deductions 147, 262 real estate and machinery, local assessment taken when, .... 147, 262 appeal from local valuation, when, . 147, 262 to county commissioners or superior court, 147, 262 costs 262 tax commissioner may be heard, . 147, 262 tax, rate, how determined, . . . 148, 263 tax commissioner may certify preceding tax, deductions, etc., . . 148, 263 assessors of cities and towns, return by, 148, 263 Additional Corporate Franchise Tax. when dividends exceed eight per cent upon capital 238, 263 excess to be determined by tax commis- sioner, 238, 263 real estate and machinery, appeal from local valuation, when, . . . 239, 263 upon notice of abatement of valuation, etc., . 239 Exemption and Apportionment. no local assessment when corporate franchise tax is paid, ..... 264 private land, line upon, tax how distributed, 264 public ways, line upon, tax how distributed, 264 metropolitan parks, etc., line in, tax how dis- tributed, 264 Wachusett Mountain reservation, line in, tax how distributed 264 stock held by co-partners, guardians, execu- tors, etc., how credited, . . . 264 tax, how distributed, appeal, etc., . . 264 Commutation Tax. return of length of track, gross receipts, etc., to assessors, . . . 242, 264, 265 .income from sale of power, rental, etc., ex- cepted, 242, 265 excise tax, how determined, . . 242, 265 in addition to taxes otherwise provided, 243, 265 INDEX TO ELECTRIC RAILROAD LAWS. 379 TAXATION Concluded. revision of tax by commissioners, . 243, 265 petition, public notice, hearing, . 243, 265 aldermen, selectmen or company, may apply 243, 265 percentage of gross receipts to be paid, how determined, . . 242, 243, 265 not to be changed for three years, . 243, 265 ommissionera may fix distribution, on appli- cation by city or town, . . 243, 266 notice, hearing, etc., . . . 243, 265 notification of amount to collector by asses- sors 243, 266 notification to treasurer of company, . 243, 266 tax payable within thirty days, collection, 243, 266 Application of Taxes. to construction, repair, maintenance of cer- tain ways and places, . . 244, 266 to removal of snow from such ways and 244, 266 Tax Commissioner. annual returns to, contents, oath, etc., 261, 262 value of shares, to ascertain and estimate, 147, 262 appeal, may require prosecution of, and be heard 147, 262 to determine as to additional corporate fran- chise tax, .... 238, 262 local valuation of real estate and machinery, appeal, may direct, . . 147, 239, 262 tax, distribution to cities and towns, notifica- tion, certificate, .... 264 board of appeal, duties as to tax, . . . 264 TAX COMMISSIONER. See TAXATION. TERMINI. See FORMATION. TIDE WATERS. crossing of. See CROSSINGS; FORMATION. TOWNS. clerks of. See FORMATION. purchase of electricity. See CORPORATE POWERS. TRACK, WALKING ON. not within limits of highway; penalty, . 153, 261 company not liable for death, when, . 40, 41, 261 TRACKS. discontinuance of. See HIGHWAYS. joint use of, .... 186, 187 TRAIN. stopping, wilfully, railroad law not to apply, 261 TRANSPORTATION. of baggage and express matter. See CORPO- RATE POWERS (Common Carrier). of gravel, snow, ice, stones, etc., . . 187 delivery to connecting lines, etc., . 187 contracts with cities, towns and state high- way commission for, .... 187 of mails. See Index to Railroad Laws. of passengers. See Index to Railroad Laws. of military supplies, .... 187, 188 TREASURER. See FORMATION; BONDS. TRUSTEES. under mortgage, powers, duties. See BONDS. subject to laws applying to corporations, . 49 VESTIBULES. approval by commissioners. See OPERATION. VOLUNTARY ASSOCIATIONS. written instruments or declarations of trust, copy filed with commissioner of corpo- rations, ...... 162 copy filed with clerk of city or town where located, ...... 162 annual statements filed with commissioner of corporations and with commissioners, when; penalty, .... 162 copies to be transmitted to secretary of commonwealth, publication, . 162, 163 certain corporations not to acquire more than ten per cent of total stock of railroad corporation, ..... 163 name or title not to be like that of public service corporation controlled, etc., 170, 171 commissioners to investigate question of violation of above; penalty, . . 171 violations to be reported to attorney-general, recovery or forfeiture, injunction, etc., 171 adopted prior to act not affected, . . 171 See Index to Railroad Laws, VOLUNTARY ASSOCIATIONS. VOTERS. may ask extension of location. See LOCA- TION. w. WACHUSETT MOUNTAIN RESERVA- TION. See TAXATION. WHISTLES. railroad law not to apply, .... 261 commissioners to prescribe rules as to, . . 261 WIDENING, STREET. See LOCATION. INDEX TO TELEPHONE AND TELEGRAPH LAWS, A. APPLICATION. of laws to persons, partnerships, etc., . . 272 AUTHORITY. of commissioners. See Index to Public Service Commission Law; Index to Rail- road Laws. See also CONSTRUCTION OF ACT. B. BONDS. coupon notes and other evidences of indebted- ness ...... 268, issue of, amount, etc., .... commissioner of corporations, duties as to, transferred, ..... amount reasonably necessary, determination, decision within thirty days of final hearing, in writing and to assign reasons, . . amount and purposes to be specified, 268, proceeds, application of, etc., . . . filing in office of commission, . . . with secretary of the commonwealth, . entered upon records, .... application of proceeds, .... not applied for purpose, to be specified, . supreme judicial court, jurisdiction, . . BOOKS. of common carriers, may be examined, . . may compel production of, etc., . . witnesses as to, compelled to attend, . . of state departments, access to, in making val- uation, etc., ..... 269 268 269 268 268 268 269 269 269 269 269 269 269 269 BUILDINGS. of common carriers, may be inspected by com- missioners, agents, etc., ... 36 BUREAU CHIEFS. commission may appoint, salaries, terms of office, etc., c. CAPITAL STOCK. In General. issue of, amount, etc., ..... 268 commissioner of corporations, duties as to, transferred 269 amounts reasonably necessary, determination, 268 CAPITAL STOCK Concluded. decision within thirty days of final hearing, 268 in writing and shall assign reasons, . . 268 shall specify amount and purposes, . 268, 269 proceeds, application, etc., . . . 269 Decision. filing in office of commission, . . . 269 with secretary of the commonwealth, . 269 entered upon records, ..... 269 not to be applied to purposes to be speci- fied, 269 application of proceeds, .... 269 supreme judicial or superior court, jurisdiction to enforce, etc., .... 269 certificate of subscription, filing, . . . 278 construction to await subscription, . . 278 debt contracting, limited by, . . . 278 president and treasurer liable, when, . . 278 neglect to comply with law; penalty, . . 278 indebtedness, liability of president and treas- urer 278 preferred, authority to issue, ... 70 subject to all general laws governing issue, 70 certificates to include by-laws or vote of cor- poration authorizing issue, ... 70 CHARGES. complaints, etc., ..... 270 of common carriers, inquiry into, . . 127, 128 regulation of, . . . . . .116 to be just and reasonable, .. . . 116 unjust and unreasonable, unlawful, . .116 heretofore made deemed prima facie lawful, 116 weight of evidence, . . . . .116 for service. See RATES. CITIES. and towns, regulations by, . . . 272, 273 citizens of state may maintain poles, wires, etc 273 conduits under ways, etc., . . . 272, 273 construction for own use, .... 272 for private use, for, ..... 272 injunction to restrain violation of regulations, 273 ordinances to regulate, in cities, . . . 274 penalty for injuring wires, etc., . . . 272 violation of regulations, proceedings, . . 273 may receive telephone and telegraph service at reduced rates, unless, . . . 124 reduced rates, to, when, .... 124 COMMISSIONER OF CORPORATIONS. jurisdiction of, as to telephone and telegraph companies transferred, 269 382 INDEX TO TELEPHONE AND TELEGRAPH LAWS. COMMON CARRIERS. definition, services supervised and regulated, See Index to Railroad Laws, COMMON CAR- RIER. COMPANIES. under supervision, etc., .... to make annual returns, .... penalty for neglect, etc., .... books, form of, to be approved, . charges, service, etc., recommendations con- cerning, ...- annual report to general court on proceedings concerning, . information to be furnished commission, liability of telegraph companies for injury to persons and property, supervision of, commission, . violation of laws, attorney-general to act, etc., COMPANY. definition, to include person, partnership, association, corporation, COMPLAINTS. as to charges and service, .... See Index to Railroad Laws. CONDUITS. of common carriers may be inspected, etc., . CONSTRUCTION. and operation, consent of property owners, to, conduits under ways, etc., . . . 272, damages to abutters, etc., assessment, etc., easement, etc., not gained by poles, etc., lines on ways, .... 272, location by municipal authorities, . 272, name to be on structures, etc., penalty for, without consent, . . . poles, etc., erection, alteration, etc., poles, removal if damages unpaid, private lines authorized, regulations by cities, ..... regulations by selectmen, . . . 272, specifications as to poles to be recorded, etc., towns may permit laying under ways, . 272, 3 271 271 271 270 270 271 279 268 271 272 270 aa 281 273 277 282 274 274 280 281 274 277 272 274 273 275 273 CONSTRUCTION OF ACT OF 1913. remedial, and in extension, etc., of all previous acts, etc., ..... 168 repeal of all acts limiting jurisdiction, powers, etc., 168 proviso, no repeal of provisions of 1897, 500, 168 or permitting action inconsistent with prior rights, etc., 168 CONTRACTS. of common carriers may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, . . 14 forms of, affecting rates. See RATES. service at rates in certain, no discrimination, unless, . . . . . .116 COPIES. of books, contracts, etc., compulsory pro- duction of, ..... 14 CORPORATIONS. under supervision of commission, COUPON NOTES. See BONDS. 2, 3 D. DEFINITION. "common carriers,' DEPARTMENTS. of commonwealth, access to books of, etc., in making valuation of property of common carriers, ...... DETERMINATION. of value of property, etc., of common carriers, DISCRETION. of commission. See CONSTRUCTION OF ACT. DISCRIMINATION. service under certain contracts not to con- stitute, unless, ..... in rates. See RATES. DOCUMENTS. of common carriers, may be examined, may compel production of, etc., witnesses as to, compelled to attend, . of state departments, access to, etc., in valuing property of common carriers, DUCTS. of common carriers, may be inspected by com- missioners, agents, etc., inspection by commissioners, agents, etc., E. 2, 3 16 16 16 116 14 14 11 16 36 30 ELECTRICITY. transmission of intelligence by, jurisdiction of commission, . . . .3, 268, 269 construction of lines on public ways, under water, etc 194 locations granted by local authorities, petition, hearing, etc., ..... 194 increase in number of poles, wires, etc., 194, 195 order granting increase to be recorded, etc., 195 attachment of wires to poles, piers and abut- ments of another owner, when, . 195, 196 marking of poles, piers, abutments, etc., . 196 cutting of wires, notice, etc., . . 196, 197 insulation of poles, warning, etc., . . 196 ordinances, regulations, etc., to be approved by commissioners, .... 197 unlawful diversion of electricity, penalty, etc., 198 destruction of meter, pipe, wire, line, pole, etc., 282 EMPLOYEES. weekly payments to, . . . 114,273,274 liability of employers, to, etc., . 103, 104, 105 free or reduced ratea for, .... 124 See Index to Railroad Laws, EMPLOYEES. ENTRY. on premises of common carriers by commis- sioners, etc., ..... 36 INDEX TO TELEPHONE AND TELEGKAPH LAWS. 383 EXAMINATIONS. expenditures for, ..... 7 begun by Massachusetts highway commis- sion, conducted, etc., by commissioners, 3 EXAMINERS. may enter upon premises of carriers, when, 36 EXPENDITURES. apportionment, etc. [repealed], . . 269 See Index to Railroad Laws, PUBLIC SERVICE COMMISSION. F. FACILITIES. affecting rates. See RATES. FACTORIES. of common carriers, etc., may be examined, etc., . . 36 FIRMS. under supervision of commission, . 2,3 G. GENERAL COURT. action by boards, etc., under delegated author- ity from, . . . . . .116 not to prevent action by commission, when, 116 annual appropriations by, for commission, . 6 H. HEARINGS. as to rates. See RATES. as to service. See SERVICE. before one commissioner, law repealed as to contested cases, .... 9 in and out of commonwealth, commission rep- resented 127, 128 in contested cases, quorum of commission necessary, ..... 9 on petitions to interstate commerce commis- sion, 127, 128 quorum to hear and decide contested matters, 9 See SUPREME JUDICIAL COUBT. I. IMPROPER SERVICE. See SERVICE. INADEQUATE SERVICE. See SERVICE. INDEBTEDNESS. See BONDS; CAPITAL STOCK. INDEBTEDNESS, EVIDENCES OF. See BONDS. INJUNCTION. proceedings to prevent violations of law or order of commission, . . . 168, 250 to prevent threatened violations, etc., . 168, 250 INSPECTION. of property, equipment, buildings, factories, offices, ...... 36 of plants, power-houses, ducts, corduits, . 36 service, etc., in connection therewith, . 36 INSPECTORS. commission may appoint, salaries, . . 2, 5 terms of office, etc., . . . . 2, 5 may enter upon premises of common carriers, when, . . . . . .36 INTERESTED PARTY. may apply to supreme judicial court, etc., for enforcement of provisions, . . .63 INTERSTATE COMMERCE COMMISSION. commission may petition, . . . 127, 128 may present evidence and argument to, 127, 128 forms of accounts of, to be followed, . . 17, 18 of memoranda and records to be followed, . 17, 18 schedules of rates to conform to forms pre- scribed by, ..... 17, 18 publication, etc., to conform to, . . . 17, 18 INTERSTATE COMMERCE LAW. violation of, commission may prosecute, when, 127, 128 free or reduced rate given classes defined in, 124 INVESTIGATIONS. begun by Massachusetts highway commis- sion may be continued by, ... 3 pending proceedings brought by or against, not affected, ..... may be prosecuted or defended by, if, . 3 rights or penalties not waived, ... 3 recovery or indictment not affected, . 3 inquiry into regulations, practices, equipment, service, etc., . . . . . 9, 10 action if unjust, unreasonable, unsafe, im- proper or inadequate, . . . 9, 10 of valuation of property of common carriers, 16 of rates. See RATES. JURISDICTION. of commission, ..... See also CONSTRUCTION OK ACT. 2, 3 L. LAW. violation of, or order, proceeding in supreme judicial court, .... 168, 250 LIABILITY. of telegraph companies for injuries to person or property, ..... 279 reimbursement of towns, .... 279 LINES. wires, etc., cutting, etc., to move building, etc 282,283 illegal structures, etc., unprotected, . . 282 injury in general to, penalty for, . . . 282 name of owner to be on, . . . 281, 282 not to incommode public, .... 274 penalty for cutting, etc., without notice, . 283 property owner's consent, not to be affixed without; penalty, . . . .281 LOCATION. alteration of, may be ordered, proceedings, 275 certificate of, etc., to be recorded in records of municipality, .... 275 384 INDEX TO TELEPHONE AND TELEGRAPH LAWS. LOCATION Concluded. hearing, municipal authorities may grant, after ...... 274, 275 order of, not valid without certificate of city clerk or selectmen, . . . 275 petition for, by companies, to municipal authorities, proceedings, owners of real estate to be notified, . . 275 M. MANDAMUS. proceedings to prevent violations of law or orders of commission, . . 168, 250 to prevent threatened violations, etc., . ' 168, 250 MASSACHUSETTS HIGHWAY COMMIS- SION. powers and duties as to, transferred, . . 268 See PUBLIC SERVICE COMMISSION. compensation in addition, etc., . . . 268 See PUBLIC SERVICE COMMISSION. electricity, transmission of, jurisdiction of transferred, ..... compensation not affected, employees, transferable, . . . . 3, 4 investigations, examinations, proceedings, ap- peals pending, jurisdiction transferred, 3 actions, proceedings, civil or criminal, by or against not affected, ... 3 may be prosecuted or defended in name of public service commission, if, 3 orders, rulings, etc., in force not invali- dated, ...... rights or penalties not waived, ... 3 recovery or indictment not affected, repeal of section assessing certain expensesof , 3 transfer of books, maps, papers, files and records by, to public service commission, 3, 4 MEMORANDA. of common carriers, may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, . . 14 forms of, may be prescribed, . . . 17, 18 to conform to interstate commerce forms, 17, 18 MODIFICATION. of rulings of commission by supreme judicial court, ..... 168, 250 procedure ...... 168,250 MESSAGES. telegraphic, connecting lines, to forward from, etc., ...... damages for negligence, limit, . . . mail, forwarding messages received by, . non-forwarding, etc., penalties for neglect, rates for forwarding, ..... transmission regulated, .... NOTES. See BONDS. NOTICE. of change affecting rates. See RATES. NOTIFICATION. of receipt of orders of commission. See OR- DERS. 278 278 278 278 278 278 o. OFFICERS. annual returns by, to commission, . . 271 to secretary of commonwealth, . . . 282 directors to file subscription certificates, . -278 president and treasurer, liability of, . . 278 OPERATION. See CONSTRUCTION, ETC. ORDERS. served upon persons or corporations affected, 270 service, by personal delivery or mailing certi- fied copy, 270 injunction, proceedings to prevent violations of law or order of commission, . . 250 to prevent threatened violations, etc., . 250 mandamus, proceedings to prevent violations of law or order of commission, . . 250 to prevent threatened violations, etc., . 250 notification of receipt in writing to be re- turned, 270 to be signed by officer of corporation, . 270 terms of order, acceptance and obedience to, 270 time of taking effect to be specified, . . 270 supreme judicial court, etc., jurisdiction, 167, 250 to be entered of record, . . . .167 to continue in force until changed or abrogated, 270 violation of, proceeding in su pi erne judicial court, if, 250 PAPERS. of common carriers may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, . . 14 PENALTY. for divulging information, audit of books, etc., 14 POLES. insulation of; penalty, .... 281 property owners' consent, not to be set with- out; penalty, ..... 281 unused, may be removed by aldermen and selectmen, ..... 274 PRACTICES. of common carriers, inquiry into, . . 127, 128 affecting rates. See RATES. affecting service. See SERVICE. PRIVATE LINES. alterations in construction or location, . . 272 attachment of other wires, to, . . . 272 construction of, . . . . 272 penalty for injury to, . . . . . 272 poles and structures to belong to town, . . 272 removal of, after hearing, .... 272 PROCEEDS. of bonds, etc. See BONDS. of capital stock. See CAPITAL STOCK. PROPERTY. of common carriers, may be inspected, . . 36 valuation and revaluation may be made, . 16 INDEX TO TELEPHONE AND TELEGRAPH LAWS. 385 PUBLICATION. of schedules of rates, etc., .... 117 in accordance with requirements of inter- state commerce commission, . .117 PUBLIC HEARINGS. affecting rates. See RATES. in and out of commonwealth, commission rep- resented, .... 127, 128 See also HEARINGS. PUBLIC SERVICE COMMISSION. In General. powers and duties as to, transferred to, . 268 companies transmitting intelligence by elec- tricity, jurisdiction over, . . . 268 commissioners not to be employees or stock- holders, etc 268 nor be pecuniarily interested in sale of com- modities, etc 268 annual report of proceedings required, . . 270 annual returns by companies, to, . . . 271 attorney-general to commence proceedings in certain cases, ..... 271 books and accounts, to be kept in form ap- proved by, . . . . .271 complaints, proceedings on, .... 270 charges, service, etc., concerning, made to, 270 expenses and salaries, amount of, apportioned, [repealed] 268, 269 information to be furnished to, by companies, 271 lawful orders of, to be enforced by supreme court, 271 oaths may be administered by, . . . 272 penalty for failure to make returns to, etc., 271 recommendations may be made to companies, 270 salaries and expenses of, how assessed, etc., [repealed], 269 supervision of companies by, etc., . . 268 witnesses may be summoned by, fees, etc., 14, 272 Powers and Duties. general supervision of companies transmitting intelligence by electricity, . . . 268 examinations and inquiries, .... 268 compliance with law, information as to, . 268 Services. under supervision and regulation, . . 2, 3 appliances for transportation, ... 3 car service, ...... 3 conveniences in facilitation of common car- riage, ...... 3 electric railroads, ..... 3 equipment, ...... 3 express service, ...... 3 intelligence by electricity, transmission of, . 3 railroads, ....... 3 street railways, ...... 3 telephone lines, . . . - . . . 3 telegraph lines, ...... 3 transmission of intelligence by electricity, . 3 transportation, etc., of persons or property, . 3 See also Index to Public Service Commission Law; Index to Railroad Laws, PUBLIC SERVICE COMMISSION. PURPOSES. of funding floating debt. CAPITAL STOCK. See BONDS, ETC.; R. RAILROAD COMMISSIONERS. powers, duties, etc. See PUBLIC SERVICE COM- MISSION. See also Index to Public Service Commission Law; Index to Railroad Laws, RAIL- ROAD COMMISSIONERS. RATES. complaints relative to, .... 270 certain, not to constitute discrimination, unless, . . . . . .116 charges, regulations, practices, equipment, services, of common carriers, inquiry into 127, 128 for public service commission law as to rates in general, changes, schedules, etc. See Index to Railroad Laws, RATES. Telephone and Telegraph Companies. may continue to furnish service, etc., under existing contracts, . . . .117 not to collect different rentals, tolls, etc., from schedule, . . . . . .117 schedules subsequently filed not to affect, . 117 contracts terminable by notice, . . .117 commission may direct termination by order, when, . . . . . .117 RECOMMENDATIONS. to be entered of record, .... 167 RECORDS. of commission, every vote, recommendation and order to be entered, . . . 167 of state departments, access to, in making valuation, etc., of property of common carriers, ...... 16 of common carriers, may be examined, . . 14 may compel production of, etc., . . 14 witnesses as to, compelled to attend, . . 14 forms of, may be prescribed, . . .17, 18 to conform to interstate commerce forms, 17, 18 REDUCED RATE. service at, for employees, etc., to cities and towns, ..... REFUNDING. indebtedness. See BONDS, ETC.: CAPITAL STOCK. 124 124 REGULATIONS. of common carriers, inquiry into, affecting rates. See RATES. affecting service. See SERVICE. concerning poles, wires, etc., 127, 128 272, 273 REPEAL. of all acts and parts of acts inconsistent, etc., 168 of law for apportioning expenses, etc., of com- mission, . . . . . . 5, 6 of law for apportioning certain expenses of Massachusetts highway commission, . 269 of provision that contested matters may be heard by one commissioner, . . 9 provisions of previous acts, etc., and rights ac- quired unrepealed, etc., . . . 168 386 INDEX TO TELEPHONE AND TELEGRAPH LAWS. REPORTS. to general court, .... 270 See Index to Railroad Laws, PUBLIC SERV- ICE COMMISSION. RETURNS. annual, to commission, for, etc., . . . 271 annual, to secretary of commonwealth, form, etc., 282 REVALUATION. of property of common carriers may be made, 16 access to books, etc., of state departments may be had, . . . 16 REVIEW. of rulings of commission by supreme judicial court 167, 168, 250 procedure 167, 168, 250 s. SERVICE. In General. charges or rental, tender of, . complaints concerning, may be made to com- mission, ...... discrimination as to, forbidden, . equity jurisdiction to enforce furnishing, individuals, etc., furnishing to, . telegraph companies to have, 279 270 279 279 279 279 Public Service Commission Law of 1913. of common carriers, inquiry into, . . 127, 128 at reduced rates to employees, etc., . . 124 free, for charitable purposes, to be approved by commission, . . . . .124 telephone and telegraph, at reduced rate to commonwealth, any city or town, un- less 124 charges for. See RATES. of orders of commission. See ORDERS. inquiry into regulations, practices, equipment, service, etc 9, 10, 127, 128 action if unjust, unreasonable, unsafe, im- proper or inadequate, . . . 9, 10 duty of common carriers to observe and obey requirements, . . . . . 9, 10 SERVICES. supervised and regulated by commission, 2,3 SUPREME JUDICIAL COURT. Jurisdiction in equity to review, annm, etc., rulings or orders, . . 167, 168, 250 procedure prescribed by its rules, 167, 168, 250 terms on which the order shall be stayed, 167, 168, 250 petitioner's attorney to file certificate as to probable ground for appeal, etc., 167, 168, 250 double costs if petition not a fit subject for Judicial inquiry, . . 167, 168, 250 burden of proof on party adverse to show order invalid, ... 167, 168, 250 proceedings to show order invalid to have preference, except, . . 167, 168, 250 SUPREME JUDICIAL COURT Concluded, jurisdiction to enforce valid orders of com- mission 168, 250 proceedings for preventing threatened viola- tions of law 168, 250 counsel of commission to act, subject to attorney-general, . . . 168, 250 mandamus or injunction may issue, 168, 520 T. 235 TAXATION. of underground conduits, wires, pipes in streets, of poles, underground conduits and pipes with wires in private property, . . . 235 or in other locations, .... 235 street railway companies excepted, . 235, 240 railroad corporations excepted, when, . 235 Corporate Franchise Tax. annual returns to tax commissioner, . . 145 complete list of shareholders, . . . 145 capital stock, amount of, . . . . 145 par and market value of, . . . . 145 held as collateial security, if, . . 145 detailed statement of works, real estate, machinery, etc., .... 145 whole length of lines, return of, . . 145 length without commonwealth, . . . 145 tax commissioner to ascertain market value of shares, ...... 235 deductions, lying outside of commonwealth, real estate, etc., locally taxed, etc., . 235 domestic telephone companies, market value of stock in other corporations held by, 235 foreign telephone companies, value of stock proportional, etc., without common- wealth 235 value of real estate, machinery, etc., locally taxed 235 local valuation may be taken as true value, but not conclusive, .... 236 appeal from local valuation, tax commis- sioner may require, .... 236 may be beard upon such appeal, costs, etc., 236 remedy when assessors' valuation exceeds that of tax commissioner, . . . 236 Tax Commissioner. return of length of line to, .... 145 to ascertain true market value of shares, . 146 cash value to be taken as true value of fran- chise 146,147 deduction proportional to length outside of commonwealth, .... 147 local valuation to be deemed true value, when, 147 corporation to appeal from local valuation, when, ...... 147 may require corporation to prosecute appeal, when, ...... 147 may be heard on such appeal, costs, etc., . 147 application to assessors for abatement, when, 147 appeal to county commissioners, when, . . 147 valuation of commissioner conclusive, when, . 147 Telephone Companies. annual returns to tax commissioner, . 14.5, 283 list of shareholders excepted from leturn, . 283 annual tax, how determined, . . i 147, 148 lines within commonwealth controlled or used deemed part of own lines, . . 283 INDEX TO TELEPHONE AND TELEGRAPH LAWS. 387 TELEGRAPH COMPANIES. to have telephone service, etc., service for and by, . 279 278, 279 TELEGRAPH LINES. commissioner of corporations, jurisdiction over transferred, .... 269 Massachusetts highway commission, jurisdic- tion over transferred, . . . 269 use of, under existing contracts, . . . 117 See also COMMON CARRIERS. Telephone and Telegraph Companies. may continue to furnish service, etc., under existing contracts, . . . . not to collect different rentals, tolls, etc., from schedule, . . . . . . schedules subsequently filed not to affect, . contracts terminable by notice, . . . commission may direct termination by order, when ..... . . TELEPHONE COMPANIES. service for and by, ..... TELEPHONE LINES. commissioner of corporations, jurisdiction over transferred, .... Massachusetts highway commission, jurisdic- tion over transferred, . . . use of, under existing contracts, . . . See COMMON CARRIERS. TELEPHONE RENTALS. charges for. See RATES. TIME. of taking effect of orders of commission. See ORDERS. TOLLS. charges for. See RATES. 117 117 117 117 117 279 269 269 117 TOWNS. may receive telephone and telegraph service at reduced rates, unless, . . . 124 and cities, regulations by, . . . 272, 273 citizens of state may maintain poles, wires, etc., ...... 273 conduits under ways, etc., . . . 272, 273 construction for own use, .... 272 for private use, for, ..... 272 TOWNS Concluded. injunction to restrain violation of regulations, 273 ordinances to regulate, in cities, . . . 274 penalty for injuring wires, etc., . . . 272 violation of regulations, proceedings, . . 273 u. UNDULY PREFERENTIAL RATES. See RATES. UNJUST. rates. See RATES. practices affecting service. See SERVICE. UNREASONABLE SERVICE. See SERVICE. V. VALUATION. of property of common carriers, investigation, etc., of. , . . . . .16 access to books, documents, etc., of state departments, etc., .... 16 revaluation of such property at any time, 16, 17 VIOLATIONS. of provisions of act. See PENALTY. of interstate commerce law, proceedings, 127, 128 w. WEEKLY PAYMENTS. of employees WIRES. equity jurisdiction as to, cutting authorized, when, expense of removal, . inspector of, duties, etc., names of owners, etc., penalty for injuring, etc., . . . . poles, as to insulation of, . property owner's consent, not to be affixed without; penalty, . regulated, insulation; penalty, etc., unused, may be removed by aldermen and selectmen, . . . . . WITNESSES. may be summoned, oath, fees, etc., 114 . 281 282, 283 . 280 . 280 . 281 . 272 . 281 281 281 274 272 THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW MAY H 1 I 50m-7,'29 YD063320 , UNIVERSITY OF CALIFORNIA LIBRARY U.C. BERKELEY LIBRARIES