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67.

Increase of Capital Stock.

58. Offer of new shares to stockholders at par.
59. Sale at auction of shares not so disposed of.
(Sts. 1893, c. 315; 1894, c. 472.)

60. Capital stock may be increased to build
branches, etc.

(St. 1894, c. 502.)
unauthorized increase of, penalties for.

Stock or Scrip Dividends.
(St. 1894, c. 350.)

TAKING STOCK, ETC., IN OTHER CORPORATIONS.
74. Limitation of right to hold or guarantee
securities of other companies.

75. May take stock in telegraph company.
76.

77.

guarantee bonds of steamship company. join in forming and take stock in elevator company.

78. how represented at meetings of.
79. Connecting corporations may guarantee each
other's bonds.

CONDITIONAL TITLE TO ROLLING STOCK.
(St. 1894, c. 326.)

80. Corporation may aid in construction of branches, etc. Limitation.

BOOKS AND RETURNS.

81. Uniform books and accounts to be kept, etc. Annual return to board.

(St. 1889, c. 328, §§ 1, 3, 4.) 82. Fee for printing returus, etc.

Purchasers under Foreclosure.
(St. 1886, c. 142.)

83. Lessee corporation to make all returns required of lessor.

84. Penalty for neglect to make return, etc.

BONDS AND MORTGAGES.

62. Bonds may be issued for funding debt, etc.
(Sts. 1883, c. 7; 1887, c. 191.)

Locating the Road.

(Pub. Sts. c. 54, §§ 13, 15; c. 87, § 3; c. 207, § 51; Sts. 1882, c. 154, § 10; 1882, c. 265, § 4.)

Additional land.

88. Width of location.
89. Filing the location.

63.

may be registered.

64. Mortgage must include all pre-existing 90. Changes in the location.

(St. 1887, c. 430.)

bonds, debts, etc.

65. Bonds and notes valid, though sold at less

than par.

Trustees under Mortgage.

66. Trustees entitled to possession may contract
with corporation to operate road.

in possession to call annual meeting of
bondholders and submit report.

Conditions Precedent.

85. Road not be located or constructed until estimate of cost has been submitted to board, etc., etc.

86. Certificate of board to be filed with secretary of commonwealth.

87. Certain corporations excepted.

68. otherwise, bondholders may call meeting.

69. Bondholders may elect trustees, subject to
confirmation, etc.

Quarterly Statements.

(Sts. 1889, c. 241; 1893, c. 131.)

70. Equity jurisdiction of supreme Judicial

court.

LOCATION AND CONSTRUCTION OF ROAD.

Land for Depots, Stations, etc.

91. Outside land may be taken for depot and station purposes, etc.

(St. 1884, c. 134.)

92. Land so taken for depots and stations not exempt from taxation.

93. Board to prescribe rules as to form and record of locations, etc.

Taking Land.

94. Land not to be taken until manner of crossing ways, etc., has been determined.

95. Corporation may take land, paying dam. ages therefor.

Land Damages.

SECTION

SECTION

126. Altering course of canal.

96. Application for damages to be made within 127. Obstructions and repairs at crossings.
three years, etc.
128. Construction and maintenance of bridges,
highways, etc., at crossings.

RAILROAD CORPORATIONS AND RAILROADS.

97. Security for payment of damages, etc. 98. Tender of damages, etc., by corporation. 99. Either party may apply for jury, etc. 100. Proceedings to be same as in case of laying out highways.

101. Damages to be paid within thirty days after award of jury.

102. Plan of land taken to be furnished owner.
Fencing, etc.

103. Location may be changed to avoid un-
necessary damage. Proceedings, etc.
104. Supreme judicial court may restrain entry
on land in certain cases.

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114. Supreme judicial court may enforce compliance with such order.

116.

115. Corporation to fence entire road, unless exempted, etc. Penalty.

(St. 1882, c. 162.)

may erect and recover cost of fence from person liable to build same. Lien on land.

RAILROAD CROSSINGS.

General Provisions.

(Sts. 1892, c. 228; 1892, c. 275.)

Crossings of Railroads with Railroads or
Tide-Waters.

117. Grades of two or more railroads may be separated by agreement. Proceedings. 118. Railroad not to be constructed across another railroad at grade, or over navigable waters, without consent, etc.

Embankments, Fences, etc.

113. Building of embankments, culverts, etc., 135. Original jurisdiction of county commis-
may be ordered.
sioners in cases of obstruction of public
ways by railroads.

136. Equity jurisdiction of supreme judicial
court in same and other cases.

Crossings of Railroads with Public Ways. 119. Laying out railroad across public way. Not to obstruct, etc.

120. How constructed to pass over way. Under way. Height of bridge, etc.

121. Way may be raised or lowered. 122.

Alteration of Crossings.

129. County commissioners may order and pre-
scribe alterations of crossings.

course of, may be changed.

123. Laying out railroad across way at grade,
how authorized. Consent of board, etc.
124. Rails to be planked, etc., at crossings.
125. Laying out public way across railroad.
Grade crossing, how authorized.

(St. 1882, c. 135.)

130. Land may be taken and damages assessed.
131. Special commission to decide which party
shall make alteration, etc., and to appor-
tion cost.

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Jurisdiction as to Crossings of Railroads
with Public Ways, etc.

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168.

SECTION

169. Unreasonable obstruction or occupation
of public ways prohibited. Penalty.
(Sts. 1885, c. 110; 1891, c. 204.)

Brakes and Brakemen.

170. Brakes and brakemen required. Penalty.

BRIDGE-GUARDS.

160. Bridge-guards to be erected, etc. Penalties.

Signals for Overhead Trains.
(St. 1891, c. 129.)

Safety Couplers.

(Sts. 1884, c. 222; 1886, c. 242; 1894, c. 59; Res. 1894, c. 40.)

EQUIPMENT OF CARS, TRAINS AND LOCO-
MOTIVES.

Tools.

171. Trains and passenger cars to be equipped with tools, etc.

(St. 1882, c. 54, §§ 1, 4.)

PROTECTION OF CROSSINGS.

Grade Crossings of Railroads with Rail-
roads.
161. Stopping trains before crossing.
162. Board to make regulations for such cross-
ings. Interlocking or automatic signals.
(St. 1885, c. 85.)

163. Bell to be rung, or whistle sounded, etc.
(Sts. 1885, c. 334; 1890, c. 173.)

Heating and Lighting of Passenger Cars. (Sts. 1882, c. 54, § 3; 1887, c. 362; 1891, c. 249.) 172. Passenger cars

not to be lighted by naphtha, etc. Penalty.

Grade Crossings of Railroads with Travelled
Ways.

Sign-Boards.

164. Sign-boards at crossings of public ways.
165. at crossings of travelled places.

Locomotives-Appliances and Tests.

173. Appliance for deadening noise of vacuum brake.

174. approval of same by board.

175. Appliance for deadening sound of steam escaping from safety valve.

176. Penalties for not providing appliances, etc. (St. 1882, c. 73.)

Comfort and Safety of Passengers.

177. Passengers to have reasonable accommo. dations, etc.

(St. 1888, c. 176.)

Uniform for Employees.

178. Uniform hats or caps and badges for employees. Penalties for not providing or wearing.

Color-Blindness.

179. Examination of employees for color-blind. ness, etc., required. Penalty.

(St. 1883, c. 125.)

OPERATION OF ROAD.

Fares, Tolls, Charges and Regulations. 180. Directors may establish rates and regula tions, subject to revision, etc.

Gates or Bars. Flagmen.

Transportation of Passengers.

181. Reduced fares on designated trains, etc.
(Sts. 1883, c. 32; 1892, c. 59; 1892, c. 389.)
182. Checks to be given for baggage.

166. Gates, bars, or flags may be ordered, etc.
167. Penalty on gate-tender or flagman for
neglect.
on corporation for non-compliance with 183. Workingmen's trains to and from Boston.
order.
(Sts. 1883, c. 117; 1888, c. 240.)

Carriage of the Mails.

184. Mails to be carried on request, etc. Removal of Standing Wood near Crossing. 185. Compensation, how determined. award of, how revised. (St. 1889, c. 371.)

186.

RAILROAD CORPORATIONS AND RAILROADS.

Freight Transportation.

SECTION

187. Receipts to be given for merchandise.

188. All persons to have equal terms, facilities

and accommodations, etc.

(Sts. 1882, c. 94; 1882, c. 225.)

189. Merchandise to be forwarded promptly, as

consigned.

SECTION

210. Penalty on engineer, etc., for injury due to
his negligence or carelessness.

211.

for gross carelessness or neglect in management of train.

on corporation, for loss of life through negligence, unfitness of employees, etc. Civil damages.

190 Charge for short haul not to exceed that 213. Damages in case of injury by collision at for long haul, etc.

grade crossing.

191. Penalties.

193. Board to compare, revise and fix propor

tionate rates for milk by the can. 194. Penalty for non-compliance with rates. (St. 1893, c. 210.)

Transportation of Milk.

192. Tariff for milk by the can to be fairly pro- (Sts. 1883, c. 243; 1887, c. 270; 1888, c.

portionate with that for large quantities.

155; 1892, c. 260; 1893, c. 359; 1894,
c. 389; 1894, c. 499.)

Transportation of Live Stock.
(Pub. Sts. c. 207, §§ 55, 56.)

Transportation of Explosives, etc. (Pub. Sts. c. 102, §§ 62-64; St. 1883, c. 124.)

Express Service on Railroads.
(St. 1894, c. 469.)

SUNDAY TRAINS.

(Pub. Sta. c. 98, §§ 2, 8, 9, 15; St. 1887, c. 391, §§ 2, 3.)

RAILROAD POLICE.

(Pub. Sts. c. 103, §§ 13-18, 20.)

RAILROAD INSPECTORS.

(St. 1894, c. 535.)

OFFENCES AND PENALTIES. 195. Walking on track. 196. Loitering in station.

(St. 1883, c. 102.)
197. Evading payment of fare.
(Pub. Sts. c. 99, § 4.)
198. Riding or driving horse, etc., on railroad.
199. Allowing beast to go at large on railroad.
200. Neglecting to close gates of private way.
201. Wilful obstruction of car, etc.
202. penalty, when life is endangered.
203. Obstructing engine or car, endangering
safety of passengers, etc.

204. Intent to obstruct engine or car, etc.
(St. 1890, c. 332.)
205. Wilfully stopping train.

212.

(St. 1882, c. 54, § 2.) 206. Shooting or throwing missile at engine or car, assaulting conductor, engineer, etc. (Pub. Sts. c. 203, § 14. 207. Injuring electric signal.

(St. 1884, c. 5.)

Liability of Corporation for Injuries to
Employees.

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ACCIDENTS, INJURIES AND REMEDIES.

208. Medical examiner to be notified of fatal
accidents, and board of all accidents.
(St. 1888, c. 365.)

227. Board to certify compliance with require-
ments, etc. Secretary of commonwealth to
issue certificate of incorporation.

228. Capital stock may be increased or reduced. 209. Damages and costs recoverable by city or 229. Corporation to be subject to provisions of

town in certain cases.

certain statutes.

7

8

Definition of
words and
phrases.
1874, 372, § 2.
See § 221.

MATTERS OF CONSTRUCTION, ETC.

Application to certain matters

SECTION 2. In the application of any section of this chapter to the

arising in Bos fixing of routes, or the location, construction, maintenance, and opera

ton.

Corporations established in this state by special act or

under general 1874, 372, § 4.

law.

MATTERS OF CONSTRUCTION.

SECTION 1. In the construction of this and the following chapter, unless such meaning would be repugnant to the context or to the manifest intention of the general court, the phrase "railroads and railways" shall include all railroads and railways in this commonwealth, except tramways in mines and marine railways, whether operated by steam or by animal power, and whether operated by the corporations owning them or by other corporations or otherwise; "railroad" shall mean a railroad or railway usually operated by steam power; "street railway" shall mean a railroad or railway usually operated by animal power; "railroad corporation" and "railroad company" shall mean the corporation which lays out, constructs, maintains, or operates a railroad operated by steam power; "street railway company" shall mean a corporation by which a street railway is constructed, maintained, or operated; "the board" shall mean the board of railroad commissioners.

1874, 372, § 5. 1881, 91, § 1.

tion of railroads in the city of Boston, unless it is otherwise provided

See 1885, 194, in such section, the duties imposed upon the mayor and aldermen or

§ 2.

selectmen, or upon county commissioners as a tribunal of original jurisdiction, shall devolve upon the board of aldermen of said city; and when a jury is required, application therefor shall be made to the superior court in the manner prescribed in section eighty-six of chapter forty-nine; and duties devolved upon the county commissioners by reference or appeal from the mayor and aldermen or selectmen shall, in cases arising in said city, devolve upon the board of railroad commissioners.

Corporations chartered by concurrent

CORPORATIONS SUBJECT TO THIS CHAPTER.

SECTION 3. Railroad corporations heretofore established in this commonwealth, whether by special act, or under the general law passed in the year eighteen hundred and seventy-two, or under the General Railroad Act of the year eighteen hundred and seventy-four, shall have the powers and privileges, and be subject to the duties, liabilities, restrictions, and other provisions, contained in this chapter; which, so far as inconsistent with charters granted since the eleventh day of March in the year eighteen hundred and thirty-one, shall be deemed and taken to be in alteration and amendment thereof; but nothing herein contained shall be construed to impair the validity of any special power heretofore conferred by charter or other special act upon a particular railroad corporation which had exercised such power before the first day of February in the year eighteen hundred and seventy-five, or to prevent the continued exercise thereof conformably, so far as may be, to the provisions of this chapter.

SECTION 4. A railroad corporation chartered by the concurrent legislation of this and other states shall, as regards any portion of its

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