BONDS AND MORTGAGES. 62. Bonds may be issued for funding debt, etc. (Sts. 1883, c. 7; 1887, c. 191.) 63. may be registered. BOOKS AND RETURNS. 81. Uniform books and accounts to be kept, etc. Annual return to board. (St. 1889, c. 328, §§ 1, 3, 4.) 82. Fee for printing returus, etc. 83. Lessee corporation to make all returns required of lessor. 84. Penalty for neglect to make return, etc. Quarterly Statements. (Sts. 1889, c. 241; 1893, c. 131.) LOCATION AND CONSTRUCTION OF ROAD. 85. Road not be located or constructed until 86. Certificate of board to be filed with secretary of commonwealth. 87. Certain corporations excepted. Locating the Road. (Pub. Sts. c. 54, §§ 13, 15; c. 87, § 3; c. 207, § 51; Sts. 1882, c. 154, § 10; 1882, c. 265, § 4.) 88. Width of location. Additional land. 89. Filing the location. 64. Mortgage must include all pre-existing 90. Changes in the location. bonds, debts, etc. 65. Bonds and notes valid, though sold at less (St. 1887, c. 430.) RAILROAD CORPORATIONS AND RAILROADS. Land Damages. SECTION SECTION 126. Altering course of canal. 96. Application for damages to be made within 127. Obstructions and repairs at crossings. three years, etc. 97. Security for payment of damages, etc. 98. Tender of damages, etc., by corporation. 99. Either party may apply for jury, etc. 100. Proceedings to be same as in case of laying out highways. 101. Damages to be paid within thirty days after award of jury. 102. Plan of land taken to be furnished owner. Fencing, etc. 103. Location may be changed to avoid unnecessary damage. Proceedings, etc. 104. Supreme judicial court may restrain entry on land in certain cases. 105. Jurisdiction of commissioners when contiguous land lies in different counties. 106. Guardian, etc., may release damages. 107. Assessment of damages, when there are different interests in land. 108. when land is mortgaged. 109. Damages to be apportioned between mortgagor and mortgagee. (Pub. Sts. c. 147, § 14.) 110. When time for construction is extended by statute, claims for damage to revive. 111. Owner may apply within one year after termination of suit to test validity of loca. tion. 113. Building of embankments, culverts, etc., 135. Original jurisdiction of county commismay be ordered. sioners in cases of obstruction of public ways by railroads. 136. Equity jurisdiction of supreme judicial court in same and other cases. Gates or Bars. Flagmen. 166. Gates, bars, or flags may be ordered, etc. OBSTRUCTION OF PUBLIC WAYS BY ENGINES, SECTION 169. Unreasonable obstruction or occupation EQUIPMENT OF CARS, TRAINS AND LOCOMOTIVES. Brakes and Brakemen. 170. Brakes and brakemen required. Penalty. Safety Couplers. (Sts. 1884, c. 222; 1886, c. 242; 1894, c. 59; Res. 1894, c. 40.) Tools. 171. Trains and passenger cars to be equipped with tools, etc. (St. 1882, c. 54, §§ 1, 4.) Heating and Lighting of Passenger Cars. (Sts. 1882, c. 54, § 3; 1887, c. 362; 1891, c. 249.) 172. Passenger cars not to be lighted by naphtha, etc. Penalty. Locomotives- Appliances and Tests. 173. Appliance for deadening noise of vacuum brake. 174. approval of same by board. 175. Appliance for deadening sound of steam escaping from safety valve. 176. Penalties for not providing appliances, etc. (St. 1882, c. 73.) Comfort and Safety of Passengers. 177. Passengers to have reasonable accommo. dations, etc. (St. 1888, c. 176.) Uniform for Employees. 178. Uniform hats or caps and badges for employees. Penalties for not providing or wearing. Color-Blindness. 179. Examination of employees for color-blindness, etc., required. Penalty. (St. 1883, c. 125.) OPERATION OF ROAD. Fares, Tolls, Charges and Regulations. 180. Directors may establish rates and regula tions, subject to revision, etc. Transportation of Passengers. 181. Reduced fares on designated trains, etc. (Sts. 1883, c. 32; 1892, c. 59; 1892, c. 389.) 182. Checks to be given for baggage. 168. on corporation for non-compliance with 183. Workingmen's trains to and from Boston. order. (Sts. 1883, c. 117; 1888, c. 240.) Carriage of the Mails. 184. Mails to be carried on request, etc. Removal of Standing Wood near Crossing. 185. Compensation, how determined. 190 Charge for short haul not to exceed that 213. Damages in case of injury by collision at for long haul, etc. 191. Penalties. Transportation of Milk. grade crossing. Liability of Corporation for Injuries to Employees. 192. Tariff for milk by the can to be fairly pro- (Sts. 1883, c. 243; 1887, c. 270; 1888, c. portionate with that for large quantities. 193. Board to compare, revise and fix propor- Transportation of Live Stock. Transportation of Explosives, etc. (Pub. Sts. c. 102, §§ 62-64; St. 1883, c. 124.) Express Service on Railroads. (St. 1894, c. 469.) SUNDAY TRAINS. (Pub. Sta. c. 98, §§ 2, 8, 9, 15; St. 1887, c. 391, §§ 2, 3.) RAILROAD POLICE. (Pub. Sts. c. 103, §§ 13-18, 20.) RAILROAD INSPECTORS. (St. 1894, c. 535.) OFFENCES AND PENALTIES. 195. Walking on track. 196. Loitering in station. (St. 1883, c. 102.) 197. Evading payment of fare. (Pub. Sts. c. 99, § 4.) 198. Riding or driving horse, etc., on railroad. 199. Allowing beast to go at large on railroad. 200. Neglecting to close gates of private way. 201. Wilful obstruction of car, etc. 202. penalty, when life is endangered. 203. Obstructing engine or car, endangering safety of passengers, etc. 204. Intent to obstruct engine or car, etc. (St. 1890, c. 332.) 205. Wilfully stopping train. (St. 1882, c. 54, § 2.) 206. Shooting or throwing missile at engine or FORMATION OF CORPORATIONS TO CONSTRUCT 209. Damages and costs recoverable by city or 229. Corporation to be subject to provisions of certain statutes. 7 Definition of words and phrases. 1874, 372, § 2. See § 221. Application to certain matters arising in Bos ton. 1874, 372, § 5. 1881, 91, § 1. § 2. MATTERS OF CONSTRUCTION. SECTION 1. In the construction of this and the following chapter, unless such meaning would be repugnant to the context or to the manifest intention of the general court, the phrase "railroads and railways" shall include all railroads and railways in this commonwealth, except tramways in mines and marine railways, whether operated by steam or by animal power, and whether operated by the corporations owning them or by other corporations or otherwise; "railroad" shall mean a railroad or railway usually operated by steam power; "street railway" shall mean a railroad or railway usually operated by animal power; "railroad corporation" and "railroad company" shall mean the corporation which lays out, constructs, maintains, or operates a railroad operated by steam power; "street railway company" shall mean a corporation by which a street railway is constructed, maintained, or operated; "the board" shall mean the board of railroad commissioners. SECTION 2. In the application of any section of this chapter to the fixing of routes, or the location, construction, maintenance, and operation of railroads in the city of Boston, unless it is otherwise provided See 1885, 194, in such section, the duties imposed upon the mayor and aldermen or selectmen, or upon county commissioners as a tribunal of original jurisdiction, shall devolve upon the board of aldermen of said city; and when a jury is required, application therefor shall be made to the superior court in the manner prescribed in section eighty-six of chapter forty-nine; and duties devolved upon the county commissioners by reference or appeal from the mayor and aldermen or selectmen shall, in cases arising in said city, devolve upon the board of railroad commissioners. Corporations established in this state by special act or under general law. 1874, 372, § 4. Corporations chartered by concurrent CORPORATIONS SUBJECT TO THIS CHAPTER. SECTION 3. Railroad corporations heretofore established in this commonwealth, whether by special act, or under the general law passed in the year eighteen hundred and seventy-two, or under the General Railroad Act of the year eighteen hundred and seventy-four, shall have the powers and privileges, and be subject to the duties, liabilities, restrictions, and other provisions, contained in this chap-' ter; which, so far as inconsistent with charters granted since the eleventh day of March in the year eighteen hundred and thirty-one, shall be deemed and taken to be in alteration and amendment thereof; but nothing herein contained shall be construed to impair the validity of any special power heretofore conferred by charter or other special act upon a particular railroad corporation which had exercised such power before the first day of February in the year eighteen hundred and seventy-five, or to prevent the continued exercise thereof conformably, so far as may be, to the provisions of this chapter. SECTION 4. A railroad corporation chartered by the concurrent legislation of this and other states shall, as regards any portion of its |