SECTION 1. In this act, unless the context otherwise re- Definitions. quires: "Street railway" or "railway" means a railroad or railway, including poles, wires or other appliances and equipment 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 authorized 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 affecting the veto power of a mayor of any city. 1874, 372, § 2. P. S. 112, § 1. 1892, 110. R. L. 111.1. 1898, 578, § 1. 193 Mass. 308. the chapter. 1864, 229, "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 subject to the specially chartered shall continue to exercise and enjoy the powers and privileges granted and be subject to all the liabili- $$ 1, 44. ties imposed by their respective charters, except as modified and $51, 58. controlled by any act in amendment thereof or by the provisions P. S. 113, § 1. of this act. All street railway companies whether organized $1.28. under general or special laws shall be subject to any other gen- R. L. 112.1. 1871, 381, 1874, 29, § 1. 1898, 578, 1900, 197, § 4. 12 Allen. 262. Formation of street railway company. 1874, 29, § 1. eral laws applicable thereto. All provisions of law which may be in force at the time of the enactment hereof and are applicable to the Boston Elevated Railway Company or to companies 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 company and companies. FORMATION. SECTION 3. Fifteen or more persons may associate themselves by a written agreement of association with the intention P. S. 113, § 2. of forming a street railway company. Agreement of association. 1863, 100. SECTION 4. The agreement of association shall state: (a) That the subscribers thereto associate themselves with 1871, 381, 27. the intention of forming a street railway company. 1864, 229, § 21. 1874, 29, §§ 2, 3, 4, 7. 1877, 105. P. S. 113, §§ 3, 4. (b) The corporate name assumed, which shall be one not in use by any other street railway company in this commonwealth, R. L. 109, § 8. 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. R. L. 112, §§ 3, 4, 5. 1905, 80. Use of name or title of public service corporations regulated. (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. (f) 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. (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 association 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. 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 hereafter 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 by such person, partnership or association, might lead the public to believe that such person, partnership or association is a public service corporation or that its business is that of a public service corporation. boards to violations. 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 vestigate commissioners, in the case of corporations under its jurisdiction, the and 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 determination 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 attorneybe reported 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 superior court in the name of the attorney-general. Upon such informa- Restraining tion or other proceeding the court may issue an injunction restraining injunction such person, partnership or association from further prosecution of its business within the commonwealth during the pendency of such proceeding or for all time, and may make such other order or decree as equity and justice may require. forfeiture. may issue. to names SECTION 3. This act shall not apply to the continued use by any Not to arply person, partnership, or association, of any name or title which was adopted previously prior to the passage of this act. SECTION 4. This act shall take effect upon its passage. [Approved April 17, 1913. adopted. treasurer; P. S. 113, § 5. SECTION 5. The directors shall appoint a clerk and a treas- Clerk and urer who shall hold their respective offices until a clerk and a vacancies. treasurer of the company are chosen and qualified in their stead. 1874, 29, § 4. 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 company. agreement of P. S. 113, § 6. SECTION 6. The directors, before applying for locations for Publication of a railway, shall cause a copy of the agreement of association to association. be published in a newspaper, if any, published in each of the 1874, 29, $5. cities and towns in which the railway is to be located, and, if, R. L. 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 sworn certificate of the clerk shall be conclusive evidence of such publication. 1864, 229, 14. 1874, 29, § 6. 1898, 578, § 13. SECTION 7. The board of aldermen of a city or the select- Location. men of a town, upon the petition [by the president, or a ma- 1871, 381, 14. jority of the directors], executed in accordance with the by-laws P. S. 113, $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 399. organized under a special act, for an original location of tracks 161 Mass. 416. in such city or town, shall give fourteen days' notice of the 179 Mass. 449. 1902, 395, 396, 175 Mass. 518. 182 Mass. 41. 184 Mass. 294. 188 Mass. 180, 185 Mass. 183. 250. 192 Mass. 106. [1 Op. A. G. 392, 489.] PAG 25, 1890.] See R. L. 53, §§ 17, 19. R. L. 212, § 69. R. L. 28, § 11. Amended. time and place for a hearing on such petition by publication thereof in one or more newspapers, if 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 May shall be designated by the board of aldermen or the selectmen of such city or town; and if, after a hearing, they are of opinion that public necessity and convenience so require, they may grant said location, or any portion thereof, and may prescribe how the tracks shall be laid, and the kind of rails, poles, wires and other appliances which shall be used, and, in addition to 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 commissioners, after public notice and a hearing, shall certify that such location is consistent with the public interests.* 213 Mass. 105. 1909, 417, 81, See 1908, 266; 1909, 417; 86; page 177. 1910, 518; 1911, 442. If the board of railroad commissioners requires an alteration in such location before certifying that the same is consistent 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 commissioners 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 circumstances 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 (4) 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 permitted, 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. 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 herein before provided, 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 eighteen 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 ninetyeight 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. not to be laid 166 Mass. 366. SECTION 17. No highway, town way, street, turnpike, canal, railroad Streets, etc.. 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 common, etc. 1875, 163, § 1. interruption for a period of twenty years; nor shall any part of such P. S. 54, § 13. common or park be taken for widening or altering a highway, town way 178 Mass. 300. or street, except with the consent of the inhabitants of the city or town, 184 Mass. 140. 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, consent shall be presumed. lands of a 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, public institucanal, railroad or street railway without leave of the general court. tion regulated. 1875, 163, § 3. 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 etc., through burial ground. of a public easement, over, through, in or upon any part of an enclosure, 1834, 187, § 1. R. S. 24, §§ 59, which is the property of a city, town, parish, religious society or of private 60; 30, $ 21. proprietors and is used or appropriated for the burial of the dead, unless G. S. 165, § 40. 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. P. S. 207, § 51. |