Oils not to remain in streets. P. S. 102. § 74. SECTION 3. The rules heretofore made by the board of railroad commissioners under authority conferred by section ninety-nine of chapter one hundred and two of the Revised Laws, and now in force, shall continue in force until superseded or annulled by the detective and fire inspection department of the district police acting under the authority of this act. SECTION 4. Whoever knowingly violates or knowingly causes or permits the violation of any regulation adopted and prescribed under the authority of this act shall be punished by a fine not exceeding one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. [Approved June 3, 1910. 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 re1869, 152, 8 main 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 twentyfour 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. district police. Common carrier not to be held liable in certain cases. Transportation of milk. 1879, 206, §§ 1, 3. P. S. 112, § 192. 1893, 210, § 1. R. L. 111, $246. Amended. 1910, 633, § 1. 1906, 463, 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 attachment is dissolved or the carrier is discharged as trustee. [Approved April 21, 1905. Transportation of Milk. SECTION 202. A railroad corporation shall not receive, forward 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 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 [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.` A railroad corporation shall not receive, forward 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 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. of milk, how fixed. tariff for, § 193. R. L. 111, $247. 158 Mass. 1. SECTION 203. Upon the petition of one or more persons who Transportation desire to forward milk by the can over any railroad or any portion or portions thereof, the board of railroad commissioners, after notice to the railroad corporation and a hearing, shall ascertain and compare the tariff established as aforesaid for milk by the can with the rate charged or received as aforesaid for 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, § 2. 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. amended. 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 Part II, § 203, "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 corporation 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 provided for by the laws of the commonwealth. 1879, 206, § 3. § 194. 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. 112, road or any portion thereof at the tariff rate therefor, as pro- 1893, 210, § 3. vided in the preceding section, shall forfeit to the person who R. L. 111, § 248. 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. FROM SUNDAY OBSERVANCE LAW. Revised Laws, Chapter 98, § 2. SECTION 2. Whoever, on the Lord's day, keeps open his shop, warehouse 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 entertainment given by a religious or charitable society the proceeds of which, 1692-3, 22, §1: 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. 1716-7, 13, 1727-8, 5, §§ 1, 4. 1760-1, 20, §§ 2, 9. 1782, 23, 1. 1. 1791, 58, R. L. 98, § 2, amended. Penalty for doing certain business, etc., on the Lord's day. Certain busi ness not pro hibited. 1886, 82. 1887, 391, § 2. 1895, 434, § 2. Acts of 1904, Chapter 460, § 2. SECTION 2. Whoever, on the Lord's day, keeps open his shop, warehouse 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 entertainment 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. 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 145 Mass. 430. 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 149 Mass. 68. 176 Mass. 5, 104. See 1908, 273, for amend ments. 1902, 414. 1908, 126, 273, 333, 343, 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 when to be the offence was committed. R. S. 50, § 11. G. S. 84, § 10. P. S. 98, § 8. SECTION 11. Sheriffs, constables and grand jurors shall inquire and inform of all offences against the provisions of this chapter, cause the same to be enforced. P. S. 98, § 9. instituted. 1815, 135. into Sheriffs, etc., and to inform of offences. 1727-8, 5, § 5. 1791, 58, §§ 10, 12. R. S. 50, § 9. G. S. 84, § 8. 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 upon any railroad, as, in the opinion of the board, the public necessity trains. and convenience require, having regard to the due observance of the P. S. 98, § 15. day. steamboat lines and 1881, 119. 1887, 391, § 3. -as to steamboats. SECTION 15. The board of railroad commissioners may, if in their opinion the public necessity, convenience, health or welfare so requires, 1897, 389. 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 not a defence. day. 1884, 37. 140 Mass. 199. 165 Mass. 346. 1877, 232. 125 U. S. 555. P. S. 98, § 3. CONNECTING RAILROADS. railroad com each other's §§ 1, 3. 191, §§ 118, 119. 1874, 372, 180, § 3. 1876, 182. § 165. 216. SECTION 205. If a railroad constructed after the eighth day Connecting of April in the year eighteen hundred and seventy-two meets panies may use another railroad which terminates in the same city or town, or roads. lawfully crosses another railroad at the same level therewith, 1845, 19 the corporation by which either of said railroads is owned may 1857, 291, 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, the corporation by which either of said railroads is owned may, with the written consent of the board of railroad commissioners Ps. 112, § and upon such terms as said board upon hearing prescribes, R. L. 111, § 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 with and use the railroad 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 lawfully operating the railroad shall be allowed to run upon a railroad except with the consent of such corporation. 272. Through routes, joint rates may be required. Proviso. Compensation for drawing cars, etc. 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 otherwise, 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 transportation, 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 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 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 conditions, 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 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 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 G. S. 63, § 117. at reasonable times and for a reasonable compensation draw 1845, 191, § 2. 1857, 291, §§ 1, 3. 1874, 372, § 166. P. S. 112, § 217. R. L. 111, § 273. 12 Gray, 393. 14 Allen, 469. -determina tion of rates of. 1845, 191, 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 accommodations 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 1857, 291, § 2. railroad of the other, and upon the compensation to be paid §§ 2-4. 1858, 10. |