CORPORATIONS SUBJECT TO THIS CHAPTER. 3. Corporations established in this state by special act or under general law. 4. 5. SECTION 24. Penalty for refusal to submit books, etc. Attend25. Board may summon witnesses. ance, how compelled, etc. 26. to prescribe form of annual return and furnish blanks. When to transmit its report. (Sts. 1889, c. 328, § 2; 1893, c. 144.) STATE DIRECTORS. chartered by concurrent legislation of this 27. State directors to make annual report, etc. and other states. or trustees operating roads of other corporations. General Powers and Duties of Board. 13. Board to make annual report. 14. 15. to have supervision of railroads, etc. to see that laws are complied with. 16. 17. 34. Twenty-five or more persons may form a Articles of Association, Corporate Name, 35. Articles of association. 36. Corporate name, directors, etc. 37. Directors to publish articles before proceeding to fix route. 38. Fixing the Route. to prepare map of route, obtain report of engineer, ete. (St. 1882, c. 265, §§ 1, 3, 5.) 39. to submit map and report to mayor and aldermen and selectmen. to inform corporations of necessary im- 40. Route may be agreed on. provements, changes, etc. 41. to examine condition of road on complaint 42. of city or town authorities, etc. 18. to investigate causes of accidents. 19. to be furnished with information as to condition, management, etc., of roads. advice of, not to impair corporate duties 20. and obligations. 21. 22. 2222 to examine books, accounts, etc. on request, etc., to ascertain and publish financial condition. 23. to have access to list of stockholders, etc. otherwise, may be fixed by board. may include spurs, branches, etc. 43. Articles of association, certificates, etc., to be submitted to board. Certificate of Incorporation. 44. Board to certify that requirements of law 45. Organization. First meeting. Capital stock. 71. Mortgage to commonwealth. Terms, etc. 63. (Sts. 1883, c. 7; 1887, c. 191.) 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. Conditions Precedent. 85. Road not be located or constructed until estimate of cost has been submitted to board, etc., etc. 86. Certificate of board to be filed with secre. tary 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. (St. 1887, c. 430.) Land for Depots, Stations, etc. 91. Outside land may be taken for depot and station purposes, etc. (St. 1884, c. 134) 92. Land so taken for depots and stations not exempt from taxation. 93. Board to prescribe rules as to form and record of locations, etc. Taking Land. 94. Land not to be taken until manner of cross- 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. 1892, c. 178; Jurisdiction as to Crossings of Railroads with Public Ways, etc. 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. Crossings of Railroads with Private Ways. 137. Damages for crossing private way. 138. Crossings to give access to private lands cut off by railroads, etc. (St. 1892, c. 171.) RAILROAD CROSSINGS. General Provisions. (Sts. 1892, c. 228; 1892, c. 275.) Crossings of Railroads with Railroads or Tide-Waters. 117. Grades of two or more railroads may be separated by agreement. Proceedings. 118. Railroad not to be constructed across another railroad at grade, or over navigable waters, without consent, etc. Crossings of Railroads with Public Ways. 119. Laying out railroad across public way. Not to obstruct, etc. 120. How constructed to pass over way. Under way. Height of bridge, etc. 121. Way may be raised or lowered. 122. course of, may be changed. 123. Laying out railroad across way at grade, how authorized. Consent of board, etc. 124. Rails to be planked, etc., at crossings. 125. Laying out public way across railroad. Grade crossing, how authorized. Gates or Bars. Flagmen. 166. Gates, bars, or flags may be ordered, etc. 167. Penalty on gate-tender or flagman for neglect. 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 em. ployees. 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 regulations, 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. |