RIGHTS RESERVED BY COMMONWEALTH, ETC.

this and other

1874, 372, § 169.

or trustees

of other corpo

1874, 372, § 3.

9

road lying within this commonwealth, be entitled to all the benefits legislation of and be subject to all the liabilities of the railroad corporations of this states. commonwealth. SECTION 5. When a railroad laid out and constructed by one cor- Corporations poration is lawfully maintained and operated by another corporation, operating roads the latter shall be subject to the duties, liabilities, restrictions, and rations. other provisions set forth in this chapter respecting or arising from the 127 Mass. 574. maintenance and operation of such railroad, in the same manner as if it had been laid out and constructed by said latter corporation. When See §§ 66-70. a railroad is lawfully maintained and operated by trustees, they shall in like manner be subject to the duties, liabilities, restrictions, and other provisions respecting or arising from the maintenance and operation of such railroad which are attached to the corporation for whose stockholders or creditors they are trustees.

RIGHTS RESERVED BY THE COMMONWEALTH.

of common

impaired.

repeal, etc.

SECTION 6. Nothing contained in this chapter shall be construed Reserved rights to impair the rights of the commonwealth as asserted or reserved in wealth not previous statutes. The provisions of this chapter, and the franchises, May amend, rights, powers, privileges, duties, and liabilities of railroad corpora- 1874, 372, § 178. tions established under this or any general statute, may be altered, amended, or repealed, and the general court may annul or dissolve any such corporation.

may purchase twenty years

ing.

SECTION 7. The commonwealth may at any time during the con- Commonwealth tinuance of the charter of a railroad corporation, after the expiration road after of twenty years from the opening of its road for use, purchase of the from its opencorporation its road and all its franchise, property, rights, and privi- G. S. 63, § 138. leges, by paying therefor such sum as will reimburse to it the amount 1874, 372, § 180. 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.

may take road at any time,

giving one

year's notice.

SECTION 8. The commonwealth may at any time take and possess the road, franchise, and other property of a railroad corporation, after giving to it one year's notice in writing; and shall pay therefor such 1874, 372, § 181. compensation as may be awarded by three commissioners, to be appointed by the supreme judicial court, who shall be sworn to appraise the same justly and fairly, and shall estimate and determine all damages sustained by it by such taking; and a corporation aggrieved by the determination of said commissioners may have its damages assessed by a jury of the superior court in the county of Suffolk, in the same manner as is provided by law with respect to damages sustained by reason of the laying out of ways in the city of Boston.

BOARD OF RAILROAD COMMISSIONERS.

missioners

SECTION 9. There shall be a board of railroad commissioners, con- Railroad comsisting of three competent persons. The governor with the advice and clerk. and consent of the council shall, before the first day of July in each

BOARD OF RAILROAD COMMISSIONERS.

year, appoint a commissioner, to continue in office for the term of
three
years from said day; and if a vacancy happens, he shall in the
same manner appoint a commissioner for the residue of the term, and
may in the same manner remove any commissioner. Said board shall
have a clerk, to be appointed by the governor, who shall keep a full
and faithful record of its proceedings, and serve such notices as the
commissioners may require. The commissioners and clerk shall be
sworn before entering upon the discharge of their duties. No person
in the employment of or owning stock in a railroad corporation shall
hold either of said offices. No such commissioner or clerk shall per-
sonally, or through a partner or agent, render any professional service
or make or perform any business contract with or for a railroad corpo-
ration chartered under the laws of this commonwealth, excepting con-
tracts made with them as common carriers, nor shall he directly or
indirectly receive a commission, bonus, discount, present, or reward
from any such corporation.

SECTION 10. The annual salary of the chairman of the board shall be four thousand dollars, that of the other commissioners three thousand five hundred dollars each, and that of their clerk [two thousand] twenty-five hundred dollars, payable [quarterly] monthly on the first day of each month from the treasury of the commonwealth. The commissioners shall be provided with an office in the state house, or in some other suitable place in the city of Boston, in which their records shall be kept. In the discharge of their official duties, they shall be transported over the several railroads and railways in the commonwealth free of charge, and may employ and take with them experts or other agents, whose services they deem to be temporarily of importance. The board may expend a sum not exceeding [five hundred] two thousand dollars annually in procuring necessary books, maps, statistics and stationery, and in defraying expenses incidental and necessary to the discharge of its duties, and a sum not exceeding [two thousand] twenty-five hundred dollars annually in defraying the compensation of an accountant, payable [quarterly] monthly on the first day of each month. A statement of such expenditures shall accompany its annual report.

Salary of clerk.

Repeal.

Acts of 1885, Chapter 119.

An Act to establish the Salary of the Clerk of the Board of Railroad
Commissioners.

SECTION 1. The annual salary of the clerk of the board of railroad commissioners shall be twenty-five hundred dollars from the first day of January in the year eighteen hundred and eighty-five.

SECTION 2. So much of section ten of chapter one hundred and twelve of the Public Statutes as is inconsistent with this act is hereby repealed. SECTION 3. This act shall take effect upon its passage. [Approved April 1, 1885.

[See page 10, Section 9.]
Assistant Clerk.

Acts of 1895, Chapter 313.

An Act to provide an Assistant Clerk for the Board of Railroad Com

missioners.

etc.

SECTION 1. The board of railroad commissioners may employ an assist- Assistant clerk. ant clerk at a salary not to exceed twelve hundred dollars a year, payable from the treasury of the Commonwealth. Said clerk shall do such clerical Salary, duties, and other office work as may be required by the board, and in case of the absence or disability of the official clerk may, when so directed by the board, perform the duties of said official clerk. The salary of the assistant clerk shall be borne and apportioned in the manner provided in section twelve of chapter one hundred and twelve of the Public Statutes SECTION 2. This act shall take effect upon its passage. April 25, 1895.

[Approved

BOARD OF RAILROAD COMMISSIONERS.

11

Acts of 1890, Chapter 200.

An Act relating to the Board of Railroad Commissioners. SECTION 1. The board of railroad commissioners is hereby authorized Books, maps, stationery, etc. to expend a sum not exceeding two thousand dollars annually in procuring necessary books, maps, statistics and stationery, and in defraying expenses incidental and necessary to the discharge of its duties. A statement of such expenditures shall accompany its annual report

SECTION 2. So much of section ten of chapter one hundred and twelve Repeal. of the Public Statutes as is inconsistent with this act is hereby repealed.

to apply.

SECTION 3. The provisions of section twelve of chapter one hundred and P. 8. 112, § 12, twelve of the Public Statutes shall apply to the expenses authorized by this

act.

SECTION 4. This act shall take effect upon its passage. [Approved April 21, 1890.

SECTION 11. The board may employ an accountant skilled in the methods of railroad accounting, who shall, under its direction, supervise the method by which the accounts of corporations operating railroads or street railways are kept.

Accountant. 1876, 185, § 3. See 1885, 164.

1887, 334, § 2.

Acts of 1885, Chapter 164.

An Act concerning the Compensation of the Accountant of the Board of Railroad Commissioners.

of accountant.

SECTION 1. The board of railroad commissioners may allow as compen- Compensation sation to the accountant, authorized by section eleven of chapter one hundred and twelve of the Public Statutes, a sum not exceeding twenty-five hundred dollars per year.

SECTION 2. So much of section ten of said chapter one hundred and Repeal. twelve as is inconsistent with this act is hereby repealed.

SECTION 3. This act shall take effect upon its passage. [Approved April 14, 1885.

Acts of 1885, Chapter 224.

An Act in relation to the payment of the Salaries of the Board of
Railroad Commissioners, of the Clerk and the Accountant of said
Board, and of the Inspector and Assayer of Liquors.

monthly.

SECTION 1. The salaries of the board of railroad commissioners, and of Salaries payable the clerk and the accountant of said board, and the salary of the inspector and assayer of liquors, shall be paid monthly on the first day of each month. SECTION 2. So much of section ten of chapter one hundred and twelve Repeal. of the Public Statutes, and so much of section twenty-nine of chapter one hundred of the Public Statutes, as require the payment quarterly of the salaries of the officers named in section one of this act, are hereby repealed. SECTION 3. This act shall take effect upon its passage. [Approved May 12, 1885.

expenses, how

SECTION 12. The annual expenses of the board, including the Salaries and salaries of the commissioners and clerk and the compensation of the borne and apportioned. accountant, shall be borne by the several corporations owning or 1878, 167. § 1. See 1887, 334, operating railroads or street railways, according to their gross earn- § 4.