108 Copies. Exception. What to be deemed connecting roads. 1880, 205, § 1. Term of lease. 1880, 205, § 2. LEASES, SALES AND CONSOLIDATIONS. their tolls, in the same manner as that arising from the use of the roads. Copies of such contracts or leases shall be deposited with the board, and full statements of the facts shall be set forth in the next annual return of such corporations, or of either of them. This section shall not authorize a lease or contract between two railroad corporations each of which has a terminus in the city of Boston. SECTION 221. The roads of two railroad companies shall be deemed to enter upon or connect with each other, within the meaning of the preceding section, if one of such roads enters upon, connects with, or intersects a road leased to the other, or operated by it under a contract as authorized by said section. SECTION 222. No railroad corporation shall lease or contract for the operation of its road for a period of more than ninety-nine years without the consent of the general court; but this section shall not render invalid a lease approved by the stockholders of a corporation before the first day of July in the year eighteen hundred and eighty. Board to approve terms of lease, sale or consolidation. Proceedings. Construction. Exception. LEASES, SALES AND CONSOLIDATIONS. Acts of 1894, Chapter 506. An Act relating to Leases and Consolidations of Railroad and Street SECTION 1. No lease and no purchase and sale of the franchise and property of a railroad or street railway company, and no consolidation of two or more railroad or street railway companies, whether such lease, purchase and sale, or consolidation, is authorized by general laws or by special act, shall be valid or binding until the terms of such lease, purchase and sale, or consolidation, shall have been approved by the board of railroad commissioners after a public hearing, of which such notice shall be given as said board shall deem necessary for the protection of the public interests, and until a certificate signed by said board, setting forth the vote approving the same, shall have been filed in the office of the secretary of the Commonwealth. Said board shall announce its decision within thirty days from the date of the last hearing upon the application of any railroad or street railway company for permission to lease to, sell to, consolidate with, or purchase the franchise and other property of any other railroad or street railway company. SECTION 2. This act shall not be construed to prohibit the fulfilment of the terms of any existing written contract now authorized by law for the lease or purchase and sale of the franchise and property of a railroad or street railway company, or for the consolidation of any two or more such companies; nor apply to any lease or purchase by a railroad company for which authority has been granted by special act of the legislature of the year eighteen hundred and ninety-three. [Approved June 22, 1894. Private freight roads. RAILROADS FOR PRIVATE USE. SECTION 223. A person or corporation may construct a railroad 1874, 372, § 175. for private use in the transportation of freight, subject to the provisions of the following section; but shall not take or use lands or other property therefor without the consent of the owner thereof. CORPORATIONS TO CONSTRUCT FOREIGN RAILROADS. roads not to railroad, or way, without consent, etc. 156 Mass. 159. 109 SECTION 224. No such road shall be connected with the road of a Private freight railroad corporation without its consent; nor constructed across or connect with upon a highway, town way, or travelled place, without the consent of cross travelled the mayor and aldermen of the city or selectmen of the town, nor except in a place and manner approved by them. If the mayor and 1874, 372, § 176, aldermen or selectmen consent, they shall from time to time make such regulations in regard to the motive power to be employed, the Regulations. rate of speed to be run, and the time and manner of using the road over and upon such way or travelled place, as in their judgment the public safety and convenience require; and they may order such changes to be made in the track as are rendered necessary by the alteration or repair of such way. If they allow steam-power to be steam power. used on such road, the provisions of this chapter relating to the amended. crossing of ways and travelled places by railroad corporations shall 1890,382. apply to such road, and to the person or corporation constructing or operating the same. See §§ 42, 123. Acts of 1890, Chapter 382. An Act relating to Crossings at Grade by Railroads for Private Use. When the consent of the board of railroad commissioners is required for a crossing of a way or travelled place by a railroad for private use, said board may limit the number of tracks, and may impose such other conditions in relation to the use of the crossing by said railroad as may be deemed expedient; and may from time to time modify such limitations and conditions as circumstances may require. [Approved June 3, 1890. Board may limit tracks, impose conditions, etc. See 1892, 228. number of See §§ 42, 123. FORMATION OF CORPORATIONS TO CONSTRUCT FOREIGN RAILROADS. persons may tion to construct railroad, etc., in 1879, 274, § 1. foreign country. See § 34. SECTION 225. Fifteen or more persons, a majority of whom are in- Fifteen or more habitants of this commonwealth, may associate themselves together form corpora by articles in writing with the intention of forming a corporation to construct and operate a railroad or railroad and telegraph in any foreign country, but in accordance with the laws of such country; and, upon complying with the provisions of section two hundred and twenty-seven, shall, with their associates and successors, be and remain a corporation for the purpose aforesaid, with the powers necessary and incident thereto, and with such powers and privileges, and subject to such duties, liabilities, and restrictions, as to the location, construction, maintenance, and operation of its railroad and telegraph, and the transfer of its property by mortgage, lease, or otherwise, as may be fixed by said country. association. 1879, 274, § 2. See § 35. SECTION 226. The articles of association shall set forth the name Articles of of the corporation, the names of at least nine persons to act as a board of directors until others are chosen, the amount of its capital stock, and, as far as may be practicable, the termini of the railroad and telegraph to be built. Each associate shall subscribe to the articles his name, residence, post-office address, and the number of shares of stock which he agrees to take; but no subscriber shall be 110 Board to certify compliance with requirements, etc. 1879, 274, § 3. See § 44. Secretary to issue certificate of incorporation. Form. Record. Increase or reduction of capital stock. 1879, 274, § 4. See § 45, cl. 2. Corporation subject to certain statutes. 1879, 274, §§ 5, 6, CORPORATIONS TO CONSTRUCT FOREIGN RAILROADS. bound to pay beyond ten per cent of the amount of his subscription, unless a corporation is duly established. SECTION 227. When it is shown to the satisfaction of the board that the requirements of the two preceding sections have been complied with, the clerk of the board, upon its order, shall endorse upon or annex to the articles of association a certificate setting forth that fact. The directors shall thereupon file the articles of association and certificate in the office of the secretary of the commonwealth, who, upon the payment to him of a fee of fifty dollars, shall record them in a book to be kept for that purpose, and shall issue a certificate substantially in the following form: COMMONWEALTH OF MASSACHUSETTS. Be it known, that whereas [names of the subscribers to the articles of association] have associated themselves with the intention of forming a corporation, under the name of the [name of the corporation], for the purpose of locating, constructing, maintaining, and operating a railroad. [or railroad and telegraph] [description of the road as in the articles of association], and have complied with the statutes of this commonwealth in such cases made and provided: now, therefore, I [name of the secretary], secretary of the Commonwealth of Massachusetts, do hereby certify that the persons aforesaid, their associates and successors, are legally established as a corporation, under the name of the [name of the corporation], with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the general laws applicable to such corporations. In witness whereof, I have hereunto subscribed my official signature, and affixed the seal of said commonwealth, this day of in the year [day, month, and year]. The certificate so executed shall be recorded with the articles of association; and such certificate, or a certified copy of the record thereof, shall be conclusive evidence of the establishment of the corporation at the date of such certificate. SECTION 228. The corporation may from time to time, at a meeting of directors called for the purpose, reduce the amount of the capital stock, or increase it for the purpose of constructing and equipping its road and extensions or branches thereof. When such increase or reduction is made, a certificate of the fact, signed by the president of the corporation, shall, within thirty days thereafter, be filed in the office of the secretary of the commonwealth. SECTION 229. Such corporation shall be subject to the provisions of the first division of section forty-five, and to sections fifty-one, fifty139 Mass. 559. five, fifty-six, fifty-seven, seventy-five, and to the four preceding sections, and to section forty-six of chapter thirteen; and shall not be required to make returns under section thirty-eight of said chapter. See 1887, 228. SCHEDULE OF STATUTES INCLUDED IN THE FOREGOING COMPILATION. PUBLIC STATUTES. PAGE 21 CHAPTER 27, § 99. (City and town subscriptions in aid of railroads.) - public institution.) CHAPTER 87, § 3. — (Location of railroad on lands of state lunatic hospital.) CHAPTER 147, § 14.- (Disposition of land damages awarded to married woman.) CHAPTER 54. — An Act to amend chapter one hundred and twelve of the Public An Act providing for appeals from the county commissioners to the board of railroad commissioners in certain cases. CHAPTER 154, § 10. — An Act authorizing towns and cities to lay out public parks within their limits CHAPTER 162.— An Act relating to the fencing of railroads. CHAPTER 225. — An Act to amend "An Act to prevent discrimination in freight rates by railroad corporations " 86 CHAPTER 244.- - An Act to authorize the formation of relief societies by the employees of railroad and steamboat corporations. 103 CHAPTER 265. — An Act relative to the establishment of railroad corporations, 17, 20, 39 Statutes of 1883. CHAPTER 7.- An Act concerning the bonds of railroad corporations CHAPTER 32.- An Act in relation to railroad fares 888 30 83 - CHAPTER 102. — An Act to punish persons guilty of disorderly conduct on steam boats and other public conveyances CHAPTER 117.- An Act to promote safety at railroad grade crossings CHAPTER 124, § 2. — An Act relating to the removal and the transportation of certain bodies for burial. 90 112 STATUTES INCLUDED IN FOREGOING COMPILATION. PAGE CHAPTER 125. An Act amending section one hundred and seventy-nine of chapter one hundred and twelve of the Public Statutes relating to colorblindness of railroad employees . 82 99 CHAPTER 243. — An act fixing the responsibility of railroad corporations for negligently causing death of employees Statutes of 1884. CHAPTER 5. - An Act concerning the injury or destruction of railroad signals CHAPTER 229.- An Act relating to the transfer of stock in corporations CHAPTER 280. — An Act to extend the provisions of chapter fifty-one of the Public Statutes, relating to the assessment of betterments CHAPTER 85.- An Act relating to interlocking or automatic signals at railroad crossings CHAPTER 110.- An Act to protect travellers at grade crossings of highways and railroads CHAPTER 119.- An Act to establish the salary of the clerk of the board of railroad commissioners CHAPTER 164. -An Act concerning the compensation of the accountant of the board of railroad commissioners. CHAPTER 194. — An Act to promote the abolition of grade crossings by railroads and highways 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 - An Act to authorize the railroad commissioners to forbid or regulate the sounding of locomotive whistles in certain cases CHAPTER 120. — An Act for the protection of railroad employees CHAPTER 242.—An Act relating to the examination and test of safety couplers on freight cars CHAPTER 191.- An Act extending the time for which railroad corporations may issue bonds . CHAPTER 270.— An Act to extend and regulate the liability of employers to make compensation for personal injuries suffered by employees in their service. |