the sum of one hundred dollars for each day such neglect is continued; and any engineer, or superintendent of a drawbridge, violating any of said provisions, or any rule or regulation established in conformity thereto by the corporation by which he is employed, shall forfeit the sum of one hundred dollars for each offence. Said forfeitures may be recovered upon complaint or indictment in the county where the offence is committed, to the use of the complainant. [Four verbal alterations in sections 103, 104.] SECT. 105. Every corporation shall provide for each draw- Corporation to provide superbridge of the company a steady and discreet superintendent, Intendent of experienced in the management of vessels, who shall have full drawbridge. control and direction of the passing of vessels through the draw. G. S. 63, § 73. intendent; SECT. 106. The superintendent shall at all hours of the day Duties of superand night be ready to open the draw, shall, having regard to the G. S. 63, $74. convenient and secure passage of engines and trains and the state of the tide, decide when, and the order in which vessels may pass, allowing no unnecessary detention; shall give all necessary advice and furnish proper facilities for such passing; and shall keep posted up in a convenient place, for the inspection of all persons interested, a written copy of his regulations conforming to the provisions of sections one hundred to one hundred and twelve inclusive. SECT. 107. Every commander of a vessel applying to pass such draw shall give the superintendent a true report of his vessel's draught of water, and shall be governed by him as to priority of right when two or more vessels apply to pass at the same time; he shall, unless otherwise directed by the superintendent, in passing go to the right, according to the tide if practicable; and except as he may be authorized by the superintendent shall so place his buoys, warping-lines, anchors, or cables, as neither to interfere with other vessels nor obstruct the bridge; and he shall be allowed a reasonable time for his vessel to pass. SECT. 108. Railroad trains shall be allowed fifteen minutes to cross a draw before and after their table time for being due, and a further reasonable time to pass shall be allowed to any approaching train. SECT. 109. Nothing contained in the four preceding sections Certain rights shall abridge the rights of any such corporation as they existed not affected. G. S. 63, § 77. on the twenty-first day of May in the year eighteen hundred and fifty-five. intendent; SECT. 110. Whoever obstructs the superintendent in the Penalty for obperformance of his duties or violates any provision of the five structing superpreceding sections, shall pay a fine of not less than three nor G S. 63, § 78. more than fifty dollars. -for impairing bridge, ob &c.; G. S. 63, § 79. SECT. 111. Whoever breaks, defaces, or impairs, any such btracting draw, bridge, or wharf, or pier appurtenant thereto, or unnecessarily opens or obstructs the draw without the consent of the superintendent, or without such consent makes fast or moors any scow, raft, or other vessel, to such bridge within wake of the draw, shall pay a fine of not less than three nor more than twenty dollars. -for injuring &c. G. S. 63, § 80. SECT. 112. Whoever wilfully injures or damages any railroad railroad bridge, bridge, wharf, or pier, or wilfully disturbs or hinders the superintendent in the discharge of his duties, shall forfeit for each offence a sum not less than fifty nor more than one hundred dollars, and be further liable in damages to the corporation against which the offence is committed. Brakes to each car. G. S. 63, § 82. 1869, 426. Brakeman to every two cars. G. S. 63, § 81. Penalties. G. S. 63, § 82. 1869, 426. Cars not to be lighted with naphtha, &c. 1868, 286. [No alteration in sections 105-112.] REGULATIONS FOR OPERATING ROAD. SECT. 113. No railroad corporation shall run or permit to be run upon its road a car for the transportation of passengers, baggage or merchandise, without a good and sufficient brake attached to the same: provided, that this section shall not apply to four-wheel cars used only for the transportation of merchandise. [G. S., chap. 63, § 82, provided for a brake and brakeman on the rear car of every freight train. The act of 1869, chap. 426, rendered this provision inapplicable.] SECT. 114. No corporation shall run or permit to be run upon its road any train of cars moved by steam power for the transportation of passengers, unless there is placed upon the train one trusty and skilful brakeman to every two cars in the train; and every train of cars for the transportation of merchandise shall have a trusty and skilful brakeman placed and permanently stationed on the rear car of said train. SECT. 115. Any corporation violating the provisions of the two foregoing sections, shall for each offence forfeit a sum not exceeding one hundred dollars. [The above sections are a substitute for sects. 81-2 of chap. 63 of G. S. The act of 1869, chap. 426, so affects the subject of brakemen on freight trains, that it might be expedient to strike out the words, "the rear car of" in the last line of § 114. Every car being provided with a brake under § 113, further regulation would not seem to be necessary.] SECT. 116. No passenger cars on any railroad in this Commonwealth shall be lighted by naphtha or any illuminating oil made wholly or in part from naphtha, coal, petroleum or other substance, which illuminating fluid will ignite at a temperature of less than one hundred and ten degrees Fahrenheit, to be ascertained by the application of Tagliabue's or some other approved instrument. Any railroad corporation which shall violate the provisions of this section shall be liable to a fine not exceeding five hundred dollars, to be recovered to the use of the Commonwealth by indictment. [Certain verbal alterations made in this section.] with certain SECT. 117. Every passenger, freight and mixed train run Railroad trains upon any railroad in this Commonwealth, shall be furnished to be supplied with two guide-plates, two jack-screws, two traversing jack- tools. screws, two crow-bars, one pinch-bar, one claw-bar, one spike 1870, 372, § 1. hammer, two sharp axes, and chains, ropes and blocks suitable for hauling engines and cars. SECT. 118. Any corporation violating the provisions of the Penalties on preceding section shall for each offence forfeit one hundred corporation for neglect, &c. dollars; and if any locomotive or any car or cars which may be 1870, 372, § 2. attached thereto, composing a passenger, freight or mixed train, shall by any accident be thrown from the track on which it is running and shall not at the time be furnished with the tools specified in the foregoing section, the corporation in whose control such train shall be at the time of such accident, shall forfeit five hundred dollars. [Certain amendments to § 117, reducing the number of tools specified, were recommended by the commissioners in their report for the year 1871 (Second Annual Report, p. 11, App. F). No alteration has been made in § 117. Certain verbal alterations have been made in § 118, and a clause in the original, referring the execution of the law to the railroad commissioners and Attorney-General, is omitted, as a general provision in this respect is found in § 8.] to be attached rung, &c. 2 Cush. 539. SECT. 119. Every corporation shall cause a bell of at least Bell and whistle thirty-five pounds in weight and a steam whistle to be placed to locomotive on each locomotive engine passing upon its road; and such bell engines, and shall be rung or such whistle sounded at the distance of at least G. 5. 63, § 83. eighty rods from the place where the road crosses a turnpike, 1862, 81, §3. highway, or town way, upon the same level therewith; and in 10 Cush. 562. like manner when the road crosses any other travelled place, over which a sign-board is required to be maintained, as is provided in section one hundred and twenty; and such bell shall be rung or such whistle sounded, either one or the other, continuously or alternately, until the engine has crossed such turnpike, way or travelled place. [The above section combines all the provisions of G. S., chap. 63, § 83, and of the act of 1862, chap. 81, with no alterations other than verbal.] SECT. 120. Every corporation shall cause boards, well sup- Sign-boards to ported by posts or otherwise, to be placed and constantly main- be erected at crossings; tained across each turnpike, highway, or town way, where it is G. S. 63, § 84. crossed by the railroad upon the same level therewith; said Ch. 533. posts and boards shall be of such height as to be easily seen by 10 Cush. 562. travellers without obstructing the travel; and on each side of 2 7 Gray, 100. -at travelled tition of selectmen, &c. Costs of application. G. S. 63, § 85. the boards the following inscription shall be printed in capital letters of at least the size of nine inches each,-RAILROAD CROSS ING-LOOK OUT FOR THE ENGINE. SECT. 121. If the mayor and aldermen or selectmen of a city places, upon pe- or town wherein a travelled place is so crossed by a railroad, decide that it is necessary for the better security of the public, that such sign-boards should be maintained at such travelled place, they may in writing request the corporation owning the railroad to erect and maintain them. If the corporation neglects or refuses so to do, the mayor and aldermen or selectmen may apply to the county commissioners to decide upon the reasonableness of their requests. If the commissioners, after due notice and hearing of the parties, decide that such erection is necessary for the better security of the public, the corporation shall comply with their decision, and pay the costs of the application. If they decide that it is not so necessary, one-half of the costs of the application shall be paid by the city or town, and one-half by the corporation. Gates, &c., may Same subject. Decision of commissioners G. S. 63, § 87. SECT. 122. If the mayor and aldermen or selectmen of a city or town wherein a highway, town way, or travelled place, so crossed by a railroad is situated, shall be of opinion that the provisions contained in the three preceding sections are not a sufficient security to the public, and that it is necessary for such security that gates should be erected across such railroad, turnpike, highway, town way, or travelled place, and that an agent be stationed to open and close such gates when an engine passes, or that bars be erected instead of gates, for security across such travelled place, they may in writing request the corporation to erect gates and station an agent, or request the erection of bars. If the corporation shall refuse or neglect to comply with the request, the mayor and aldermen or selectmen may apply to the county commissioners, who shall give due notice and hear the parties. SECT. 123. If the commissioners decide that the public security requires the erection of gates and providing an agent, or the erection of bars, as requested, the corporation shall comply with the decision and pay the costs of the application. If the commissioners decide that the establishment of gates and an agent, or of bars, as requested, is not required, the mayor and aldermen or selectmen shall pay the costs of the application. If the application is for the establishment of gates and an agent at a travelled place, not adjudged to be a town way or highway, and the commissioners decide that bars will furnish sufficient security, they may order them to be erected and make such order respecting costs as justice shall require. Boston. SECT. 124. In the city of Boston the above request may be proceedings made by any two or more of the inhabitants of the city, and in such case in upon the neglect or refusal of the corporation to comply with G. S. 63, § 88. their request, they may apply to the board of aldermen; and thereupon like proceedings shall be had, with like liabilities as to costs, as are provided in the preceding section. may make request for flag SECT. 125. If the mayor and aldermen or selectmen of a city Selectmen, &c., or town wherein a turnpike, highway, street, or town way, so crossed by a railroad, is situated, decide that the safety of the man at crossings. public would be more effectually secured by the stationing of a Proceedings. flag-man than by the erection of a gate at the crossing, they may G. S. 63, § 89. in writing request the corporation to which the railroad belongs to station a flag-man at the crossing, who shall display a flag whenever a locomotive engine or train of cars passes thereat. If the corporation refuses or neglects so to do, the mayor and aldermen or selectmen may apply to the county commissioners to decide upon the reasonableness of the request; and if the commissioners after due notice and hearing the parties decide that the stationing of such flag-man is necessary for the security of the public, the corporation shall comply with the decision and pay the costs of the application. If the commissioners decide that the stationing of such flag-man is not required, the mayor and aldermen or selectmen shall pay the costs. lect, &c. SECT. 126. If a corporation unreasonably neglects or refuses Penalty for negto comply with any order or decision made under the seven preceding sections, it shall forfeit for every such refusal or neglect a sum not exceeding one thousand dollars. neglect. SECT. 127. If an agent so stationed neglects to open or close Penalty on the gates for the safe passing of an engine on the railroad, or a agent, &c., for traveller on the turnpike or other way, or if a flag-man so G. S. 63, § 91. stationed neglects to display his flag as above required, the agent or flag-man shall for every neglect forfeit a sum not exceeding one hundred dollars; and the corporation shall also be liable for all damages sustained by any person by reason of such neglect of any of its agents, to be recovered in an action of tort. at crossings. SECT. 128. County commissioners may, on the petition of Commissioners any party, order an alteration of the location and construction may alter gates of railroad gates at crossings when in their opinion the better G. S. 63, § 92. security of human life or the convenience of the public travel so requires. five hundred SECT. 129. When a railroad other than a horse railroad or a Engine to be railroad on which no passenger trains are run is crossed by stopped within another at grade, every engineman on either of the roads shall, before reaching the crossing, stop his engine at some point within five hundred feet therefrom; and shall pass slowly over feet of crossing. G. S. 63, § 93. |