1875, 49, § 1. poration may be accomplished, and, instead of the directors and other officers to be chosen at the first meeting, it may have a board of other 192 Mass. 150. officers with the powers of directors, and presiding, financial and record ing officers with the powers of president, treasurer and clerk; and its certificate of organization may be made, signed and sworn to by its presiding, financial and recording officers and a majority of its other officers having the powers of directors; and the certificate issued by the secretary under the provisions of section twenty of chapter one hundred and ten shall be modified to correspond with the facts in each case. SECTION 47. The by-laws of such corporation shall be approved by the board of railroad commissioners, and shall prescribe the manner in which, and the officers and agents by whom, the purpose of its incorporation may be carried out, and also the manner in which its property may be invested. Such corporation shall annually, and as often as may be required by the board of railroad commissioners, render to said board such statements of its membership and financial transactions and such other information relative thereto as said board may consider necessary for a proper exhibit of its business and standing. Said board may verify such statement by an examination of the books and papers of the corporation; and whoever, having charge or custody of such books and papers, neglects to comply with the provisions of this section shall be punished by a fine of not more than five hundred dollars. SECTION 48. A railroad corporation which operates a railroad or portion thereof in this commonwealth, or a street railway company, may, by vote of its directors, associate itself with seven or more of its employees in forming a corporation under the provisions of section forty-six, or may, upon the invitation of any such society, become a member thereof, and may aid such corporation by contributions to its funds or otherwise. The by-laws of such corporation shall provide for the manner in which the railroad corporation or street railway company shall vote and be represented in said corporation. The funds of such corporation shall not be liable to attachment by the trustee process, or be liable to be taken on execution or on any other process, legal or equitable, to satisfy any debt or liability of the railroad corporation or street railway company or of any member of the corporation. - police. 1871, 331, §§ 1, 8. 1874, 372, § 143. 1880, 85, § 1. RAILROAD AND STREET RAILWAY POLICE. SECTION 49. The mayor of a city, or the selectmen of a town, upon the petition of a railroad corporation having a passenger station in such city or town, or of a street railway P. S. 103, § 13. company operating a street railway therein, may appoint as many of the persons designated in said petition as police officers as they may deem proper for the purposes and with the powers hereinafter set forth. 1895, 318, 88 1, 4. R. L. 108, §§ 13, 21. Copy of appointment to be filed. SECTION 50. An attested copy of the record of all such appointments shall be filed by the petitioner with the clerk of 1874, 372, 1878, 90. P. S. 103, § 14. every city or town, other than the city or town of appoint- 1871, 331, § 2. ment, in which the railroad corporation or street railway com- $143. pany operates its cars, and in which it is intended that such 1880, 85, § 2. police officers shall act; and the filing of such attested copy 1896, 225, 1. shall constitute the persons named therein railroad or street R. L. 108, § 14. railway police, respectively, within such city or town, and shall be conclusive evidence of the regularity of their appointment. SECTION 51. Such police officers shall be sworn before a justice of the peace, and shall hold their offices until their appointment is revoked by the mayor of the city or the selectmen of the town in which they are appointed; but such petitioner, upon ceasing to require the services of any of such officers, shall file a notice to that effect with the clerk of the city or town in which he is appointed, and with the clerks of the several cities and towns in which notice of such appointment has been filed, and thereupon the power of such officer shall cease. Term of office. 1871, 331, $1,9 1874, 372, 143. P. S. 103, § 15. 1883, 65. 1880, 85, § 2. R. L. 108, § 15. Badges. 1871, 331, § 3. § 144. P. S. 103, § 16. SECTION 52. Such officers shall, when on duty except as detectives, wear in plain sight a metallic badge, inscribed with the words, "Railroad Police", or "Street Railway Police", as the case may be, and the name or initials of the corporation or com- 1896, 225, 2. pany for which they are appointed; and the presence of any R. L. 108, § 16. such officer on the cars or premises of the corporation or company upon whose petition he was appointed, wearing such badge, shall be prima facie evidence that he is lawfully upon duty. police. P. S. 103, 1895, 318, § 3. SECTION 53. Railroad and street railway police officers may Powers of preserve order on the premises and cars of the corporation or 1871, 331, company upon whose petition they are appointed; may, with- 1874, 372, out a warrant, arrest an idle, noisy, intoxicated or disorderly 14534 person upon such premises or cars; or a passenger upon such $$ 17, 18. cars who refuses to pay his fare, and remove him to the bag- R. L. 108, gage or other suitable car; may, without a warrant, arrest any 143 Mass. 68, person committing any of the offences specified in section sixty- 148 Mass. 119. six; and street railway police officers may, without a warrant, arrest any person committing any of the offences specified in section eighty-four of Part III. §§ 17, 18, 23. 228. Duties of SECTION 54. The person so arrested shall be taken to the Arrest. police station or other place of lawful detention in the city or police. town in which the arrest is made, or in the city or town in R. L. 108, 23. which the car next stops; he may be placed in charge of a police officer or constable in either of such cities or towns, to be taken to a lawful place of detention within twenty-four hours after the time of such arrest, Sundays excepted. Complaint shall be made against the person arrested by the officer taking him to the place of detention for the offence for which he was arrested to a police, district or municipal court, or trial justice having jurisdiction of such offences committed in the city or town in which such person is detained, and such court or justice shall have jurisdiction of the case. 1874, 372, SECTION 55. Railroad and street railway police officers shall Compensation. be paid by the corporation or company upon whose petition $147. P. S. 103, § 20. they are appointed. Such corporation or company shall be R. L. 108, 20. liable for any official misconduct of such officers to the same extent as for torts of agents or servants in their employ. Fees of railroad police. 1890, 440, § 9. Revised Laws, Chapter 204, § 46. SECTION 46. Railroad police shall not be entitled to any fees for attendance upon a trial as witnesses for the commonwealth, but they may be allowed their necessary expenses therefor. Duties of inspectors. 1894, 535, §§ 3, 4. INSPECTION OF EQUIPMENT. SECTION 56. Railroad and street railway inspectors who are appointed under the provisions of section one, shall, under the 1897, 376, § 1. direction of the board of railroad commissioners, examine the R. L. 111, §223. Investigation of accidents. 1897, 376, § 2. roadbed, tracks, crossings, stations, rolling stock, machinery, equipments, appliances and grounds used in or in connection with the operation of railroads or street railways; and if they are considered by an inspector not to be in compliance with the requirements of law, or to be in such condition as to endanger the safety of the public or of employees, he shall so report in writing to said board, which, if it considers it necessary, shall give notice to the corporation or company, or to the persons who own or operate the railroad or street railway, of such failure to comply with the requirements of the law or of such defects, with such recommendation as it may consider necessary or proper. SECTION 57. An inspector shall, under the direction of the 1894, 535, § 5. board of railroad commissioners, investigate as promptly as may be any accident upon a railroad or street railway, or resulting from the operation thereof, which causes the death or imperils the life of a passenger, employee or other person, and shall report thereon to said board. He shall attend the inquest held in the case of any such death by accident, and may cause any person who has knowledge of the facts or circumstances connected with such death to be summoned as a witness to testify at the inquest. Inspection of property, etc. Acts of 1913, Chapter 784, § 13. SECTION 13. The commission may, either through its members or responsible agents, engineers, inspectors or examiners duly authorized by it, enter upon any premises occupied by any common carrier for any purpose consistent with the provisions of this act. It may inspect the property, equipment, buildings, plants, factories, power-houses, ducts, conduits and offices of any common carrier. It shall have the right in connection with such inspection by its members, inspectors or experts to have such service, of the sort proffered by the common carrier, performed for it as it may reasonably require, including the right to ride upon any locomotive, car or steamship while in service, and to have, upon reasonable notice, the use of an inspection locomotive or car whenever that is necessary in the opinion of the commission, for a physical inspection of all or any of the lines and stations of any railroad or railway under its supervision. RAILROAD AND STREET RAILWAY BRIDGES. of railroad and 1887, 334, § 169. SECTION 58. Every railroad corporation and street railway Examination company shall, upon request of the board of railroad commis- street railway sioners, and at least once in two years, cause an examination of bridges, its bridges and of the approaches thereto to be made by a com- 199, 286. petent engineer, who shall report the result of his examination, R. L. 111, his conclusions and recommendations to the corporation or com- See 1908, 552. pany, and it shall forthwith transmit a copy of the report to said board. Before a street railway company builds a bridge, it shall first submit the plans thereof to said board for approval. Upon the completion of a new bridge, the railroad corporation or street railway company shall forthwith cause such examination and report to be made and transmitted to said board. The report shall furnish such information, in such detail and with such drawings or prints, as may be requested in writing by said board. Said board may make further examination of the bridge structure if necessary or expedient. The provisions of this section shall not exempt a corporation from making other and more frequent examinations of its bridges and the approaches thereto.* CONDITIONAL SALE OF ROLLING STOCK. sale of rolling stock. 1894, 326, $1,4 See 1910, 187. R. L. 111, § 75. SECTION 59. A contract for the sale of railroad or street Conditional railway rolling stock may stipulate that the title to the property sold or contracted to be sold shall not vest in the purchaser until the purchase price is fully paid, or that the vendor shall have and retain a lien thereon for the unpaid purchase money although possession thereof may be delivered immediately or at any subsequent time, and a contract for the leasing or hiring of such property may stipulate for a conditional sale thereof at the * Bridges constructed and used exclusively for street railway purposes should have floor systems similar to those used on steam railroad bridges. While there is some difference in practice with reference to the details of such floors the Board (under § 58 of Part I of chapter 463 of the Acts of 1906) recommends the following construction: — (a) Ties shall be of hard pine, not less than 5 inches by 7 inches, and not less than 10 feet long for a single track, and shall be spaced not over 8 inches apart in the clear. (The Board recommends a spacing of 6 inches in the clear.) Ties resting on wooden stringers need not be notched, and at least every third tie shall be securely spiked or bolted to the stringers. Ties resting on steel stringers or girders shall be notched one-half inch over supports, and at least every fourth tie shall be fastened to the stringers or girders at each end by a three-quarter-inch hook bolt. Ties resting on plate girders or trusses with cover plates shall be grooved for the rivets, and notched to correspond to the thickness of the plates. (b) Near the ends of the ties there shall extend on each side a wooden guard timber not less than 6 inches by 6 inches, notched one inch over the ties and bolted to every third tie by a threequarter-inch bolt. (The office of this guard timber is not to prevent a derailed wheel from running off the bridge, but simply to keep the ties in place.) With ties 10 feet long this guard timber will be from 21 inches to 24 inches in the clear outside of the track rails. Guard timbers must extend over all piers and abutments, and, if spliced, shall be spliced over a tie with a halved joint 6 inches long, bolted to the tie. (c) In order to prevent a derailed truck from running far from the track, even if it should 7. In the case of combined highway and electric railway bridges, the railway track shall in general have ties resting upon the stringers, the ties to be not less than 6 inches by 6 inches, and 8 feet long, spaced 10 inches apart, and planked over with plank not less than 2 inches thick. The planking and wheel guards on the highway portion of the structure must be satisfactory to the Board. Record of contract, and fees. 1894, 326, § 2. See 1910, 187. R. L. 111, 76. Attachment of P. S. 161, § 39. R. L. 167, § 39. 140 Mass. 131. 187 Mass. 596. Notice of accidents. termination of such contract, and that the rentals or amounts to be received thereunder, may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by such lessee or bailee. No such contract shall be valid as against any subsequent attaching creditor or any subsequent bona fide purchaser for value and without notice unless it is in writing executed by the parties and acknowledged by the vendee, lessee or bailee before a magistrate authorized to take acknowledgments of deeds, and in the same manner as deeds are acknowledged, and recorded in the office of the secretary of the commonwealth; nor unless each locomotive, engine or car so sold, leased or hired, or contracted to be sold, leased or hired as aforesaid, shall have the name of the vendor, lessor or bailor plainly marked on each side thereof, followed by the word "owner", "lessor", or "bailor", as the case may be. The provisions of chapter one hundred and ninety-eight of the Revised Laws shall not apply to such contract. SECTION 60. A contract authorized by the preceding section shall be recorded by the secretary of the commonwealth in a book to be kept for that purpose, and upon payment in full of the purchase money and the performance of the terms and conditions stipulated in such contract, a declaration in writing thereof may be made by the vendor, lessor or bailor, or his assignee on the margin of the record of the contract, attested, or it may be made by a separate instrument, acknowledged by the vendor, lessor or bailor, or his assignee, and recorded as aforesaid. A fee of five dollars shall be paid to the secretary of the commonwealth for recording such contract or declaration, and a fee of one dollar for noting such declaration on the margin of the record. ATTACHMENT OF ROLLING STOCK. SECTION 61. Railroad cars and engines, and street railway cars, in use and making regular passages on railroads or railways, shall not be attached upon mesne process, unless the officer who makes an attachment of such property has first demanded of the owners or managers thereof other property upon which to make such attachment equal in value to the ad damnum in the writ, and such owners or managers have refused or neglected to comply with said demand. Such attachment shall be void, unless the officer certifies in his return that he has made such demand, and that the owners or managers have refused or neglected to comply therewith. NOTICE OF ACCIDENTS. SECTION 62. Every railroad corporation and street railway 1849, 172, § 2. company shall give immediate notice of an accident on its rail1869, 408, § 14. road or railway, which results in a loss of life, to the medical G. S. 63, § 100. |