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 39. [For § 39 as amended, see above.] of law. 1895, 103. SECTION 40. The superior court shall have jurisdiction in Enforcement equity to enforce compliance with the provisions of sections 1890, 428, § 8. twenty-nine to forty-five, inclusive, and with the decrees, agree- R. L. 111, ments and decisions made thereunder; and may issue and $156. enforce such interlocutory decrees and orders as justice may require, and any order, appointment or decree under the provisions of said sections may be made in any county. 162 Mass. 564. upon agree alterations. § 157. 213 Mass. 571. 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 ment as to other and the directors of the railroad corporation are of opinion 1890, 428, § 9. that it is necessary for the security and convenience of the pub- R. L. 111, lic that alterations should be made in such crossing, in the ap- 153 Mass. 161. proaches thereto, in the location of the railroad or public way 544. or in the grades thereof, or in 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 alterations 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 president 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, respectively, 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 interested by advertisement and a public hearing, approve of the alterations set forth in the agreement as necessary for the convenience 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 with 1906, 463, § 41, part I, amended. Payments by the commonwealth. Bonds. 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 situated, and also to be filed with the auditor of the commonwealth. Said copy of the agreement and approval shall be recorded 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 thirtyseven 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 commissioners shall keep itself informed of the progress and character 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 entitled 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 Proceedings for the Abolition of Grade Crossings. SECTION 1. Section forty-one of Part I 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 " 'commonwealth", in the fortysecond 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 41. [For § 41 as amended, see above.] SECTION 42. For the further abolition of grade crossings, in accordance with the provisions of sections twenty-nine to fortySinking fund. five, inclusive, an expenditure of five million dollars by the com1899, 428, § 10. monwealth is hereby authorized. The amounts so to be paid by the commonwealth in any one year shall not exceed five hundred thousand dollars, but if in any one year the expenditure 1902, 440, § 5. by the commonwealth shall not amount to five hundred thou[1 Op. A. G. 305.1 1893, 424. 1896, 439, §§ 1, 3. R. L. 111, § 158. 213 Mass. 571. 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 [For R. L. 111, meet the expenditure hereby authorized, the treasurer and receiver 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 grade crossof Grade Crossings Loan, and shall add, in the manner pro-ings loan. vided in section one hundred and fifty-eight of chapter one $158, see hundred and eleven of the Revised Laws, to the existing sink- below.] 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 requirement of said sinking fund and to pay the interest on said bonds shall be raised by taxation from year to year. the common Sinking fund. 1896, 439, 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 wealth. 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 1890, 428, § 10. dollars; but if in any year the expenditure by the commonwealth shall 1893, 424. not amount to five hundred thousand dollars, the unexpended balance §§ 1, 3. (1 Op. A. G. thereof shall be added to the five hundred thousand dollars allowed to 305. be paid by it in any subsequent year. In computing and estimating 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 one hundred and fifty-five shall not be included. The treasurer and receiver general shall pay the amount of cost apportioned to the commonwealth from any money not otherwise appropriated, and shall from time to time, on request of the governor and council, issue and sell bonds, shall establish a sinking fund for the payment thereof into which shall be paid any premiums received on the sale of said bonds and shall apportion thereto from year to year, in addition, amounts sufficient with their accumulations to extinguish at maturity 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 therefrom under the provisions of this section. decide which 1890. 428, § 11. § 159. 213 Mass. 571. SECTION 43. A final decree shall not be entered by the Board to superior court upon any report of commissioners setting forth a petitions shall plan for the abolition, discontinuance or alteration of a grade be acted on. crossing, adopting or confirming such plan or authorizing any R. L. 111, expense to be charged against the commonwealth, until the 1902, 440, § 6. board of railroad commissioners, after a hearing, shall have Amended by certified in writing that in their opinion the adoption of such 1909, 358. plan and the expenditure to be incurred thereunder are consistent 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 authorized to be expended under the provisions of the preceding 158, see above.] [For R. L. 111, section, or section one hundred and fifty-eight of chapter one 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. 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. 1906, 463, part I, § 43, amended. Relative to loans for the abolition of grade crossings. 1902, 507, §1. For R. L. 111. 213 Mass. 571. 158, see above.] Certain provisions not to apply. 1890, 428, § 12. R. L. 111, § 160. Acts of 1909, Chapter 358. An Act relative to the Certification by the Board of Railroad Commissioners 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.] 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 million 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 abolition 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 213 Mass. 571. 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. Temporary Revised Laws, Chapter 27, § 7. SECTION 7. Cities and towns may by a majority vote incur debts ment of grade for temporary loans for the payment of any land damages or any pro loans for pay crossing damages. 1892, 178. portion of the general expense of altering a crossing which they are required primarily to pay under the provisions of sections one hundred and forty-nine to one hundred and sixty, inclusive, of chapter one hundred and eleven. Such loans shall not be reckoned in determining the authorized 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. tions. 1890, 181, 1. See 1909, 514, SECTION 46. Seven or more persons, a majority of whom are Railroad, etc., residents of this commonwealth, being employees of any railroad relief corporacorporation or street railway company, organized under the laws 1882, 244, § 1. of this commonwealth, may, in accordance with the provisions R. L. 125,3 17. of sections three to six, inclusive, of chapter one hundred and § 155. 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, G. s. 322. 1857, 56, § 2. inclusive, of chapter one hundred and ten [now 1903, 437, §§ 6-12], 1874, 375, §§ 3-5. except as follows: P. S. 115, The capital stock, if any, shall not exceed five hundred thousand $83. 4. 1888, 177. dollars. 1890, 191. of proposed 1890, 439, 1. 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, the secretary of the commonwealth may forward a statement to the mayor and aldermen of the city, except Boston, or to the selectmen of the town, in which such society is to have its principal office or rooms, 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. Officers. 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- 1874, 375, § 6. |