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motive power and cars. 117. Number of engines. 118. Number of passenger cars. Form of rail119. Number of baggage cars. 120. Number of merchandise cars. 121. Number of road reports. gravel cars.

Miscellaneous. 122. For fuel used by engines during the year, viz. : 123. Number of cords of wood and cost of same. 124. Number of tons of coal, at two thousand two hundred and forty pounds to the ton, and cost of same. 125. For oil used by cars and engines. 126. For waste and other material for cleaning. 127. For salaries, wages, and incidental expenses chargeable to passenger department. 128. For salaries, wages, and incidental expenses chargeable to freight department. 129. For gratuities and damages. 130. For taxes and insurance. 131. For ferries. 132. For repairs of station buildings, aqueducts, fixtures, furniture. 133. For renewals of iron, including laying down. 134. For new iron laid down, deducting the value of old iron taken up. 135. For amount paid other companies, in tolls, for passengers and freight carried on their roads, specifying each company. 136. For amount paid other companies as rent for use of their roads, specifying each company. 137. For salaries of president, treasurer, superintendent, law expenses, office expenses of the above offices, and all other expenses, not included in any of the foregoing items. 138. Total miscellaneous. 139. Total expenditures for working the road. 140. For interest.

Income during the Year. 141. For passengers - 1. On main road, including branches owned by company; 2. To and from other roads, specifying what. 142. For freight - 1. On main road and branches owned by company; 2. To and from other connecting roads. 143. U. S. mails. 144. Rents. 145. Total income. 146. Net earnings, after deducting expenses.

Dividends. 147. per cent., total, $

148. Surplus not divided. 149. Surplus last year. 150. Total surplus.

Estimated Depreciation beyond the Renewals, viz. 161. Road and bridges. 152. Buildings. 153. Engines and cars.

Mortgage Debts. 154. Amount of debts secured by mortgage of road and franchise, or any property of the corporation, per last report. 155. Mortgage debt paid since last report. 156. Increase of mortgage debt since last report. 157. Present amount of mortgage debts. 158. Number of mortgages on road and franchise, or any property of the corporation.

1846, 251, $4. 1819, 191, $ 4.

Sect. 133. The annual report shall also state whether any fatal acci- Accidents to be dent or serious injury has occurred to a passenger or other person upon 1846, 251, $3. the road during the period covered by the report; and if so the cause 1849, 191, $4. of such accident or injury and the circumstances under which it occurred.

SECT. 134. If the directors of any corporation find it impracticable Report, if not to return therein all the items in detail required by this chapter, to state reathey shall in such report state the reasons why such details cannot sons. be given.

Sect. 135. Every corporation neglecting to make and furnish such penalty for report at the time prescribed in section one hundred and thirty-two not furnishing. shall forfeit to the use of the commonwealth fifty dollars for each day's 1851, 102, 2. neglect, to be recovered by the treasurer; and if any corporation unrea- 1857, 40, § 6. sonably refuses or neglects to comply with the other provisions of said section, it shall forfeit for every such refusal or neglect a sum not exceeding five thousand dollars.

Sect. 136. The secretary shall annually in November furnish to Secretary to every corporation a table prepared in conformity with the provisions of transmit resection one hundred and thirty-two; and shall annually on or before the nish abstract to thirty-first day of January transmit one set of the reports furnished him islature, &c. under said section to each member of the legislature, and shall also 1849, 101, 1. deliver a copy of the report of each corporation to every other such cor- 1851

, 354

. poration in the state. He shall prepare with such other information as 1856, 165, $ 3. he deems useful, an abstract of such reports in form as follows:- 1858, 46, $8


, 7.

[blocks in formation]

of road.
1837, 226, $ 6.

And he shall annually on or before the second Wednesday of January

transmit four hundred bound copies thereof to the legislature. Special report

SECT. 137. In addition to the annual report required by section one on completion hundred and thirty-two, the corporation shall, when it has completed and

opened its road for use, make a report under oath to the legislature, 1859, 262.

stating the total amount of capital paid in ; specifying the amount expended in constructing its road, for engines, cars, depots, car-houses, and other buildings, and the amount of all other miscellaneous expenses. Such report shall also state the length of the road, the number of planes on it with their inclination per mile, the greatest curvature on the road, the average width of the grade, and the manner in which the rails are supported.

RIGHTS OF COMMONWEALTH. Sect. 138. The commonwealth may at any time during the continuance of the charter of any corporation, after the expiration of twenty years from the opening of its road for use, purchase of the corporation its road, and all its franchise, property, rights, and privileges, by paying therefor such sum as will reimburse it the amount of capital paid in, with a net profit thereon of ten per cent. a year from the time of the payment thereof by the stockholders to the time of the purchase.

State may purchase railroad after twenty years. R. S. 39, $ 84.

Horse cars to

HORSE RAILROADS. Horse railroads SECT. 139. Horse and street railroad corporations shall not be subexcepted.

ject to the preceding sections except as provided in their several charters. time of con

Sect. 140. Every horse or street railroad corporation chartered sub1859, 193, $f 1, 2. sequently to the twentieth day of May eighteen hundred and fifty-seven

shall contruct its road within twelve months after its location; and the location of the road of every such corporation failing to commence the construction of its road within six months after its location, shall be

void. Penalty for eva- SECT. 141. The provisions of section one hundred and thirteen shall 1199 oft. 116;&c. apply to all horse and street railroad corporations.

Sect. 142. When a horse railroad crosses or is crossed by a steam stop at crossings of steam

railroad at grade, the driver of the car upon the horse railroad shall railroads. when approaching the point of intersection stop his car within one hunPenalty. 1859, 126, $ 2.

dred feet of the crossing. For each violation of this section the driver shall forfeit five dollars, and the corporation on whose railroad the of

fence is committed shall forfeit ten dollars. Corporation to Sect. 143. The directors of every such corporation shall annually on furnish report or before the first Wednesday of January make oath to and transmit to

the secretary of the commonwealth, together with one thousand printed 40, $$ . 1857, 240, $1, 2. copies of the same, a report of their doings under their charter for the 1858, 46, $ 8. year ending the thirtieth day of November preceding; the first annual

report stating the number of months and days included therein. Such report shall contain full and complete information upon the following items, viz. :

tents of.


Condition of the Company. 1. Capital stock, fixed by charter. 2. Capital stock, as voted by the company. Horse railroad 3. Capital stock paid in, in cash. 4. Capital stock paid in, in work and materials, reports. by contractors and others. 5. Funded debt. 6. Floating debt. 7. Total debt. 8. Amount of above debt secured by mortgage of the road and franchise, or any property belonging to the corporation or standing in its name. 9. Number of mortgages on road and franchise, or any property of the corporation, specifying the number and amount of mortgages on road and franchise, and each kind of property. 10. Amount of assets on hand, exclusive of the road and equipment, and exclusive of all property on hand, used, or which is to be used, in running the road and keeping it in repair.

Cost of the Road. 11. Amount expended for labor in excavating for the track, laying foundation and rails. 12. Amount expended for timber for foundation. 13. Amount expended for iron and other metal for rails, chairs, spikes, or other articles, used in building the road. 14. Amount expended for paving. 16. Amount expended for paving stones. 16. Amount expended for engineering. 17. Amount expended for interest, salaries of officers during construction of road, and other expenses not included in any of the above items, which have been included on the books of the company in the cost of the road, not including items of equipment or running expenses, as mentioned below. 18. Total cost of road. 19. Amount included in the present and in past years, among the running expenses for estimated or actual depreciation of the road. 20. Net cost of road.

Cost of Equipment. 21. Number of cars, and cost. 22. Number of horses, and cost. 23. Cost of omnibuses, sleighs, and other vehicles, excepting cars, owned by the company, 24. Cost of land and buildings thereon when purchased. 25. Cost of buildings used for offices, stables, &c., erected by the company, or standing on land not owned by the company. 26. Cost of other articles of equipment, (specifying what.) 27. Total cost of equipment. 28. Amount included in the present and in past years in the running expenses for estimated or actual depreciation of any of the above items. 29. Net amount at which the equipment stands charged on the books of the company.

Characteristics of the Road. 30. Length of single main track. 31. Length of double main track. 32. Total length of road. 33. Length of branches owned by the company, stating whether they have a single or double track. 34. Aggregate length of switches, sidings, turnouts, and other track, excepting main track and branches. 35. Total length of rail. 36. Weight of rail used, per yard, (specifying whether of cast or rolled iron.) 37. Maximum grade, per mile, on road, with length of grade. 38. Shortest radius of curvature, with length of curve. 39. Greatest length of single track on road between two turnouts. 40. Total length of main track which is paved.

Doings during the Year. 41. Total number of miles run during the year. 42. Number of passengers carried in the cars. 43. Rate of speed adopted, including stops and detentions. 44. Rate of speed actually attained, including stops and detentions. 45. Number of persons employed, regularly, (specifying the occupations of each.) 46. Total number of trips run during the year. 47. Average number of passengers each trip.

Expenditures for Working the Road. 48. For repairs of road, including repairs of foundation, renewals of iron, and renewals of pavement. 49. For general repairs, including repairs of cars, omnibuses, and harnesses, and for shoeing horses. 50. For repairs of real estate, including repairs of buildings used as stables, offices, or for any other purposes, by the company. 51. For wages, including the wages of every person regularly employed, excepting the president, directors, superintendent, and treasurer. 52. For interest. 53. For taxes and insurance. 54. For tolls paid other companies for the right to pass over their roads. 55. For rent paid other companies for use of their roads. 56. For provender, - to include cost of hay, grain, straw, or other articles, used for the food and bedding of horses. 57. For miscellaneous articles purchased during the year, such as harnesses, blankets, &c., the use of which continues for one or more years, and not included in the cost of equipment. 58. For loss on horses, – that is to say, the difference between the present estimated value of the horses owned by the company subtracted from the estimated value of those on hand at the commencement of the year, added to the cost of those purchased during the year; or if this is the first Teport of the company, then the difference between the estimated value of the horses on hand and their cost, - giving the present average estimated value of each horse.

Horse road re- 59. For incidental expenses, - to include printing, president's, directors', treasurer's, ports.

and superintendent's salaries, and all expenses other than those belonging to the actual working of the road. 60. For all other expenses. 61. For amount charged on the company's books during the year for estimated or actual depreciation of the following property: 62. Cars, $ ; 63. Horses, $ ; 64. Omnibuses, $

i 65. Real estate, $

; 66. Road, $ ; 67. Other property, $ 68. Total, $ ; 69. Total expenses, $

Earnings. 70. Received from passengers in cars and omnibuses, and for tickets sold. 71. From other roads, as toll or rent for use of road. 72. From United States mails. 73. For sales of manure. 74. From other sources. 75. Total earnings. 76. Net earnings, after deducting expenses. 77. Surplus earnings of previous year on hand. 78. Net earnings, as above. 79. Total surplus for payment of dividends. 80. Dividends declared during the year. 81. Total percentage of dividends for the year. 82. Present surplus.

Miscellaneous. 83. Increase during the year. 84. Of capital stock, as fixed by the charter. 85. Of capital stock, as voted by the company. 86. Of capital stock paid in. 87. Increase of funded debt during the year. 88. Increase of floating debt during the year. 89. Decrease of funded debt during the year. 90. Decrease of floating debt during the year. 91. Increase of mortgage debt during the year. 92. Decrease of mortgage debt during.

93. Increase in cost of road during the year, including amount charged for depreciation thereon. 94. Decrease in nominal cost of road, by amount charged for depreciation thereon. 95. Increase in cost of equipment during the year, including amount charged for depreciation thereon. 96. Decrease in cost of equipment, by sale of any portion thereof, or by amount charged for depreciation. 97. List of accidents

on road during the year. Penalty for neg. Sect. 144. Every corporation refusing or neglecting to make the 1857, 240, $ 3.

return required by the preceding section shall forfeit one hundred dol. lars for each day's refusal or neglect. And the secretary of the commonwealth shall notify the attorney-general of such refusal or neglect,

who shall forthwith prosecute the same in behalf of the state. Secretary to Sect. 145. The secretary shall annually in November cause to be furnish oblanks. prepared and transmit to such corporations blank forms for returns.

the year.




h 457. 1869



SECTION 1. Companies subject to this chapter.

9. Liability of officers. 2. may construct lines upon highways, &c., 10. Duties of companies. Penalty for nego not to incommode public.

lect. 3. Mayor and aldermen, &c., to specify places, 11. In case of damage, company liable, &c. kinds of posts, &c. Record.

Liability of towns. 4. to assess damages of land owners. Costs. 12. Corporation to make annual returns, &c. 5. Compensation.

13. Unincorporated companies subject to this 6. Applicant may have jury.

chapter. 7. Capital to be subscribed. Statement to be 14. No casement obtained by having telegraph filed.

posts, &c. 8. Limit of debt.

15. Penalty for injuring, &c., lines, wires, &c.

Companies sub- SECTION 1. Every company incorporated for the transmission of ject to this chapter.

intelligence by electricity shall possess the powers and privileges, and 1849, 93, $ 1. be subject to the duties, restrictions, and liabilities, prescribed in this

chapter. may construct Sect. 2. Each company may under the provisions of the following highways, &c.,

section construct lines of electric telegraph upon and along the high

ways and public roads, and across any waters within the state, by the mode public. 1849, 93, 9$ 2, 3. erection of the posts, piers, abutments, and other fixtures, (except

bridges,) necessary to sustain the wires of its lines; but shall not incom

lines upon

not to incom


to assess

mode the public use of highways or public roads, nor endanger or interrupt the navigation of any waters.

Sect. 3. The mayor and aldermen or selectmen of any place through Mayor and alwhich the lines of a company are to pass, shall give the company a specificato writing specifying where the posts may be located, the kind of posts, kinds of posts, and the height at which and the places where the wires may run. Record. After the erection of the lines, having first given the company or its 1849, 93, 92, agents opportunity to be heard, they may direct any alteration in the location or erection of the posts, piers, or abutments, and in the height of the wires. Such specifications and decisions shall be recorded in the records of the city or town.

SECT. 4. An owner of land near to or adjoining a highway or road along which lines are constructed by the company, who considers himself damages of injured thereby, may within three months after such construction apply Costs. to the mayor and aldermen or selectmen to assess and appraise his 1849, 93, 9 4. damage. Before entering upon the service they shall severally be sworn faithfully and impartially to perform the duties required of them by this chapter. They shall on view make a just appraisal in writing of the loss or damage, if any, to the applicant, sign duplicates thereof, and on demand deliver one copy to the applicant and the other to the company or its agent. If damages are assessed, the company shall pay the same with the costs of the appraisers. If the appraisers award that the applicant has suffered no damage, he shall pay the costs of the appraisers.

Sect. 5. The mayor and aldermen and selectmen shall each receive Compensation. for services performed under this chapter two dollars a day.

1849, 93, 95. SECT. 6. Any person aggrieved by the assessment of his damages Applicant may may have the matter determined by a jury, and the proceedings shall have

1819, 93, $ 4. be according to the provisions of section seventy-three of chapter fortythree concerning town ways and private ways. "If the jury increase the damages, the same and all charges shall be paid by the company otherwise the charges shall be paid by the applicant.

SECT. 7. A company shall not commence the construction of its line Capital to be until three-fourths of its capital stock has been unconditionally sub- subscribed. scribed for; and the directors shall within ten days of commencing said filed. line file in the office of the secretary of the commonwealth a sworn

1851, 247, $ 3. statement of the subscription.

SECT. 8. A company shall not at any time contract or owe debts to Limit of debt. a larger amount than one-half part of its capital stock actually paid in. 1851, 247, $ 4.

SECT. 9. The president and treasurer of each company shall be jointly Liability of offiand severally liable for all its indebtedness, in case of wilful neglect or cers:

1851, 247, $ 6. dmission on their part to comply with any of the provisions of this chapter.

SECT. 10. Every company shall receive despatches from and for other Duties of comtelegraph lines, companies, and associations, and from and for any per- Penalty for son; and on payment of the usual charges for transmitting despatches neglect

. according to the regulations of the company, shall transmit the same 1852, 312. faithfully and impartially. For every wilful neglect or refusal so to do the company shall forfeit a sum not exceeding one hundred dollars, to be recovered in an action of tort by the person, association, or company, sending or desiring to send the despatch.

Secr. 11. When an injury is done to a person, or to property, by the In case of damposts, wires, or other apparatus, of a telegraphic line, the company shall in company be responsible in damages to the party injured. If the same are erected Liability of on a highway or town way, the city or town shall not, by reason of any 1859, 260, $$ 1, 2. thing contained in this chapter, or done thereunder, be discharged from 1851, 247, § 2. its liability, but all damages and costs recovered against a city or town on account of such injury, shall be reimbursed by the company owning the posts, wires, or other apparatus.

Sect. 12. Every telegraph company shall annually on or before the Corporation to

Statement to be

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