§§ 40, 41. 1871, 381, 1876, 173; 185, P. S. 113, 58. 93. § 1; 1910, 558, All returns to be for the year ending June 30. Wednesday of November, transmit to said board a return of 1864, 229, the doings of the company for the year ending on the thirtieth 1870, 307, 383. day of September preceding, which shall be sworn to by them- §§ 52, 53, 56. selves and by the treasurer and the superintendent of the com- 1. pany. Such return shall set forth copies of all leases and R. L. 112, contracts made during the year with other companies and individ- See 1909, 502 uals, and shall contain full and complete information upon the PP. 160, 161. several items contained in the form prescribed by said board. A company which owns a leased railway shall be responsible for the completeness and correctness of its annual return to the same extent as if the railway were in its own possession. If a return is defective or appears to be erroneous, the said board shall notify the company to amend it within fifteen days. A company which neglects to make a return, or to amend it when notified so to do, shall forfeit twenty-five dollars for each day during which such neglect continues. road commis sioners may change form SECTION 152. The board of railroad commissioners may Board of railmake changes in and additions to the form of the returns required by the preceding section, if it gives to the several companies one year's notice of any such changes and additions as require an alteration in the method or form of keeping their accounts; and shall annually, on or before the fifteenth day September, furnish blank forms for such returns. of shall G. S. 63, $145. 1871, 381, 54. 1864, 229, § 42. P. S. 113, $59. Tables and abstracts of 1871, 381, § 55. P. S. 113, 60. SECTION 153. The board of railroad commissioners prepare tables and abstracts of the returns of the several com- reports. panies, and transmit said returns and tables and abstracts to the secretary of the commonwealth at the time and in the manner provided in section five of Part I for the transmission of the returns of railroad corporations. R. L. 112, § 96. street railway lessor. 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 make same of the operations and business of the railway as is required of report to the company which owns it; and, for failure so to do, shall be 1864, 229, § 24. liable in an action of tort to said company for all the penalties P. S. 113.61. prescribed by law for failure by it to make its annual return. 1871, 381, § 32. R. L. 112, § 97. boards. R. L. 112, § 98. 192 Mass. 93. SECTION 155. Every state board and commission shall keep Records of a record of its proceedings in any matter considered by it under proceedings the provisions of this chapter or under any laws affecting street 1898, 578, 25. railways, in which it shall enter every request made by any 203 Mass. 96. 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. road commis notify attor violations of SECTION 156. If, in the judgment of the board of railroad Board of railcommissioners, a street railway company has violated any law sioners to relative to such company, and after notice in writing from said ney-general of board, continues such violation, or refuses or neglects to make law, etc. returns as required by law, or to amend the same when law- 383, § 1. fully required so to do, said board shall forthwith present the RE. 113. § 62. facts to the attorney-general for his action. 1870, 307, § 5; L. 112, § 99. Enforcement of laws. 1864, 229, § 43. 1871, 381, § 57. 1891, 293. R. L. 112, § 100. SECTION 157. The supreme judicial court or the superior 1861, 199, § 1. court shall have jurisdiction in equity, upon the petition of a 1866, 294, 1. street railway company, or of the board of aldermen of a city P. S. 113, 63. or the selectmen of a town in which the street railway is lo1898, 578, § 25. 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. 192 Mass. 92, 161 Mass. 416. 93, 116. 175 Mass. 518. 184 Mass. 310. 205 Mass. 96. 205 Mass.214n, 216. Jurisdiction in equity to review, annul, etc., rulings or orders of commission. Jurisdiction to enforce orders. Repeal. 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 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 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 commission 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 commission, 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 hundred and ninety-six, three hundred and ninety-nine, four hundred and forty-nine and four hundred and eighty-three of the acts of the year nineteen hundred and two; chapters one hun 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 companies, their officers, agents or employees, sections thirty-seven, thirty-eight, thirty-nine, forty, forty-two, sixty-one and sixtytwo 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, twentyone, twenty-four, twenty-five, twenty-seven, twenty-eight, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirtyfive, forty, forty-one, forty-two, forty-three, forty-four, fortyfive, forty-six, forty-seven, forty-eight, forty-nine, fifty, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five, fifty-six and fiftyseven 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. construction 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 of, etc. continuation thereof, and not as new enactments, and a refer- 202 Mass. 395. 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 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 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 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. certain acts, 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 unless, etc. repealed herein. [Approved June 7, 1906. THE ELECTRIC RAILROAD LAW. Formation. Powers. See 1910, 587. Agreement of association, corporate name, etc. 1872, 53, § 2. 1874, 298; 372, § 20. 1878, 236, § 1. L 111, R. L. 109, § 8. SECTION 1. Fifteen or more persons may associate themselves 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 private land so purchased or so taken by said company and partly upon public ways and places, 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 specially 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. (b) The corporate name assumed, which shall be one not in P. S. 112, 35. use by any other electric railroad company in the CommonR. 10136. wealth, or, in the judgment of the board of railroad commissioners, 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, "electric railroad company", at the end thereof. See 1906, 463, Part II, 14. (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. (f) The gauge of the railroad, 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. (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. agreement of 1872, 53, § 5. R. L. 111, 38. See 1906, 463, Part II, 16. public con Exigency. Map, etc. See 1906, 463, SECTION 4. The directors, before applying to the board of Publication of railroad commissioners as hereinafter provided, shall cause a association. copy of the agreement of association to be published in a news- 1874, 372, 22. paper, if there be any, published 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 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 thereof. SECTION 5. After compliance with the provisions of section Certificate of one and of the two preceding sections, and within thirty days venience and after the first publication of notice of the agreement of associa- necessity. tion therein required, the directors therein named shall apply 1882, 265, § 1. to the board of railroad commissioners for a certificate that R. L. 111, 40. public convenience and necessity require the construction of a Part II, §§ 17, railroad as proposed in such agreement. With such applica- 205 Mass. 94. tion said directors shall file a map of the railroad showing the cities and towns through which it will pass, the principal highways, 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 information 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 certificate, no further proceedings shall be had, but the application may be renewed after one year from the date of such refusal. 18. before boards or selectmen. SECTION 6. In case the board of railroad commissioners Proceedings grants the certificate specified in the preceding section, the di- of aldermen rectors may, within sixty days after the granting thereof, apply See 1906, 463, to the board of aldermen of each city and to the selectmen of Part II, § 19; each town in which the railroad is to be located to fix the route Part II, § 3. of the railroad in such city or town, and with such application the directors shall file a copy of the maps and general profile, 1912, 725, p. 258. |