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PART I
TITLE XXII
CHAPTER 160
Massachusetts Laws
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PART I
ADMINISTRATION OF THE GOVERNMENT
(Chapters 1 through 182)
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TITLE XXII
CORPORATIONS
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CHAPTER 160
RAILROADS
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Section 1
Definitions
Section 2
Boston; tribunal acting in place of county commissioners
Section 3
Application
Section 4
Corporation chartered concurrently with another state
Section 5
Corporation or trustees operating railroad of another
Section 6
Purchase of railroad by commonwealth
Section 7
Taking by eminent domain
Section 8
Map and engineer’s report to accompany petition for charter
Section 9
Depositary for plans and profiles
Section 10
Notice of route
Section 11
Limits specified in charter
Section 12
Fixing of route
Section 13
Formation
Section 14
Contents of agreement of association
Section 15
Associates’ authority
Section 16
Publication of agreement of association
Section 17
Application for certificate of public convenience and necessity
Section 18
Map; engineer’s report
Section 19
Submission of map and report to local officials
Section 20
Fixing of route by local officials; certificate fee
Section 21
Fixing of route by department upon failure to agree
Section 22
Spurs, branches and connecting and terminal tracks
Section 23
Certificate of facts of subscription
Section 24
Certificate of compliance; filing; certificate of incorporation
Section 25
Change in amount of capital stock; change of gauge
Section 26
Limit upon time to acquire certificate of incorporation
Section 27
Limit upon time to construct railroad
Section 28
Narrow gauge railroads; paid-up capital stock
Section 29
First meeting of incorporators; notice; waiver of notice
Section 30
Adoption of by-laws; election of directors
Section 31
Managing officers
Section 32
Selection of officers; treasurer’s bond; clerk’s qualifications and duties; terms of office; vacancies
Section 33
Stockholders’ meeting
Section 34
Special meetings
Section 35
Voting by corporation upon its own stock
Section 36
Voting rights of stockholders
Section 37
Meetings of directors
Section 38
Certificate
Section 39
Assessment; failure to pay assessment
Section 40
Collection of assessment
Section 41
Increase of capital stock; purposes
Section 42
Corporation consolidated with one in another state; unauthorized capital stock increase
Section 43
Issue of preferred stock
Section 44
Designation of preferred stock; filing of record of proceedings; contents of certificate
Section 45
Voting power of preferred stock; amount of stock
Section 46
Offer of preferred stock to common shareholders
Section 47
Issue of shares, bonds, notes or other evidences of indebtedness
Section 48
Approval by department of issue
Section 49
Exchange for registered bonds
Section 50
Validity
Section 51
Default on mortgage; contract to allow those in possession to operate
Section 52
Trustees in possession of railroad; annual meeting
Section 53
Trustees in possession of railroad; election and confirmation of trustees
Section 54
Trustees in possession of railroad; jurisdiction of supreme judicial court
Section 55
Purchaser under foreclosure
Section 56
Necessity of payment of par for shares; limit upon capital stock
Section 57
Liability for issuing void stock
Section 58
Use of each other’s railroad
Section 59
Service provided to other railroad; compensation
Section 60
Rates for services for connecting company
Section 61
Foreign railroads’ privilege as connecting road
Section 62
Lease by one connecting railroad to the other
Section 63
Term of lease
Section 64
Taking securities of other corporations
Section 65
Telegraph company stock
Section 65A
Holding stock in railroad car and equipment companies
Section 65B
Real estate, warehouse, industrial facility, and industrial development companies stock
Section 66
Guaranty of steamship company bonds
Section 67
Associate in formation of grain elevator corporation
Section 68
Acquisition, retention, sale or guarantee of other’s bonds or notes
Section 69
Powers of railroad corporations; aid in construction of branch or connecting railroads
Section 70
Terminal, express and subsidiary companies; interest of railroads in stock and securities
Section 70A
Steamship companies, ferries, ferry boats, docks, motor vehicles and aircraft
Section 71
Prohibition after 1907
Section 72
Application for consolidation; notice; hearing; determination
Section 73
Rates and facilities of consolidated railroads
Section 74
Violations; penalties
Section 75
Determination of method of crossing highways
Section 76
Estimate of cost; subscription for capital stock; certificate of compliance
Section 77
Consent to locate within three miles of state house
Section 78
Authorized purchases
Section 79
Filing of descriptions with department
Section 80
Proceedings to fix location of land
Section 81
Change of location
Section 82
Taking of land
Section 83
Taking of land for purposes other than a railroad
Section 84
Lands or rights of other railroads
Section 85
Purposes for change
Section 86
Change of direction
Section 87
Limitation upon tax exemption
Section 88
Prescriptive rights of adjoining landholders
Section 89
Description of locations of railroads; rules and regulations
Section 90
Fencing of railroad property
Section 91
Eminent domain; order securing landowners
Section 92
Enforcement of order securing landowners
Section 93
Fences and gates along length of railroad
Section 93A
Fences along railroad tracks in cities and towns
Section 94
Recovery by railroad from person required to fence
Section 95
Grade separation of railroad tracks by agreement
Section 96
Consent for one railroad to cross another or to cross navigable water
Section 97
Highway crossings; obstructions; grade separations
Section 98
Over-passes and under-passes; height
Section 99
Material used to surface bridges and approaches
Section 100
Alteration of grade of highway; decree of county commissioners; security
Section 101
Alteration of course of highway; decree of county commissioners; security; eminent domain
Section 102
Level grade crossing of highway
Section 103
Level grade crossing; rails protected to enable easy passage
Section 104
Proceedings to lay out public way across railroad
Section 104A
Building, equipment or machinery moving; duty of railroad; reimbursement of costs
Section 105
Alteration of course of canal
Section 106
Remedy of obstruction or for failure to repair
Section 107
Construction and repair of bridges, approaches and abutments
Section 108
Jurisdiction of county commissioners
Section 109
Separation of private land; order of commissioners relative to crossing
Section 110
Denial of access to private land; order for crossing by department
Section 111
Decisions of commissioners; appeal
Section 112
Proceedings perfecting appeal
Section 113
Appeal; hearing; department’s powers
Section 114
Rights of way across tracks by prescription
Section 115
Construction; additional capital stock; certificate of necessity and convenience; fee
Section 116
Switch connections with private interests
Section 117
Order for switch connection by department
Section 118
Certification by department
Section 119
Filing of map and profile, tables of grade and curvature and statement of characteristics
Section 120
Draw tender
Section 121
Position of bridge when not in use
Section 122
Passage of vessels
Section 123
Signals indicating position of bridge
Section 124
Gates
Section 125
Precautions taken by engineer
Section 126
Violations; penalty
Section 127
Penalties
Section 127A
Drawbridges; department; exemption of railroad from compliance with law
Section 128
Abandonment of passenger station
Section 128A
Discontinuance of passenger service; hearing; notice; decision of department
Section 129
Relocation of passenger stations and freight depots
Section 130
Signs indicating way stations
Section 131
Compensation for use of station, railroad or grounds of one company by another
Section 131A
Application of business corporation to acquire, own and operate terminal facilities; notice; hearing; approval
Section 132
Safety switches
Section 133
Protection of employees; blocking of frogs, switches and guard rails
Section 133A
Switch stands, lighting
Section 134
Bridge guards
Section 134A
Distance between sets of tracks, structures or obstructions; exemptions
Section 135
Stopping of trains at grade crossings
Section 136
Grade crossings; rules and regulations
Section 137
Grade crossings; interlocking signals
Section 138
Warning to public
Section 138A
Warning devices at crossings
Section 139
Regulation by department of use of warning devices
Section 140
Signs protecting public ways
Section 141
Signs protecting a traveled place
Section 142
Signs erected by municipalities
Section 143
Signs erected by municipality; duty to supply
Section 144
Release of railroad or municipality from duty to provide signs
Section 145
Violations; penalties
Section 146
Damaging warning signs; penalty
Section 147
Gates or flashing lights at crossing of railroad and public way
Section 147A
Reflectorizing of signs, etc., at crossings
Section 148
Failure to erect signs or install gates or lights; penalty
Section 149
Signals at crossing of railroad above highway level
Section 150
Obstruction of view by standing wood; petition for removal; payment for damages
Section 151
Obstruction of public way by railroad; penalty
Section 152
Reasonable use of crossing; regulation by department
Section 153
Type of power used to operate
Section 154
Brakes and brakemen
Section 155
Control of brakes by engineer; inspection
Section 156
Safety couplers on freight cars
Section 157
Use of car not equipped with automatic couplers
Section 158
Grab irons
Section 159
Standard height of draw bars for freight cars
Section 160
Violations; penalty
Section 161
Trains composed of four-wheel cars; application
Section 162
Extension of time for equipment
Section 163
Tools and devices carried on trains
Section 163A
Track motor cars; windshield with cleaning device and canopy
Section 163B
Passenger cars; safety windows and doors
Section 164
Repealed, 1930, 211, Sec. 2
Section 165
Passenger, mail or baggage car; heating devices
Section 166
Passenger cars; illuminating oil or fluid
Section 167
Platform gates
Section 168
Testing of locomotive boilers, rolling stock or other equipment
Section 169
Vacuum brakes; mufflers
Section 170
Safety valves; mufflers
Section 171
Failure to equip with mufflers; penalty
Section 172
Reasonable passenger accommodations
Section 172A
Drinking water and sanitary toilet facilities on locomotives or cabooses
Section 173
Women or children in smoking cars
Section 174
Drinking water in railroad cars
Section 175
Failure to provide drinking water; penalty
Section 176
Other necessary appliances
Section 176A
Track motor cars; lights
Section 177
Caps and badges
Section 178
Eye examinations
Section 179
Engineer; experience
Section 180
Conductor; experience
Section 181
Violations of experience requirements for engineers and conductors
Section 182
Experience of engineer and conductor; exceptions
Section 183
Penalty for violation of experience requirements for engineers and conductors
Section 184
Rest days
Section 185
Change in number of train crew; regulation by department
Section 185A
Repealed, 1955, 669, Sec. 3
Section 186
Determination by railroad; revision
Section 187
Reduction of rates
Section 188
Extra charges for ticket purchased at place other than ticket office
Section 189
Mileage tickets; detaching coupons
Section 190
Commutation tickets
Section 191
Season tickets; extension of term
Section 192
Season tickets; reimbursement for additional fares
Section 193
Sale of season tickets to express messengers; release of liability for personal injury
Section 194
Baggage checks
Section 195
Baggage stored over week end
Section 196
Transportation of bicycles
Section 197
Cheap morning and evening trains
Section 198
Workingmen’s trains
Section 198A
Unauthorized sale at less than full fare
Section 198B
Unauthorized sale at other than scheduled rate
Section 199
Free passes or reduced rates for public officials
Section 200
Free passes to former employees injured in service of railroad
Section 201
Required upon request
Section 202
Determination of compensation
Section 203
Reopening of proceedings determining compensation
Section 204
Receipts
Section 205
Equal facilities; passengers and property
Section 206
Application of Sec. 205
Section 207
Prompt forwarding
Section 208
Charges for transportation of freight
Section 209
Violations; penalties
Section 210
Freight differential to port of Boston
Section 211
Discrimination in rates
Section 212
Complete service; equal tariffs
Section 213
Tariff
Section 214
Violations; penalty
Section 215
Approval of shareholders; authorization by department
Section 216
Certificate of authorization; filing; notice
Section 217
Rights and liabilities under new name
Section 218
Standing, walking or riding vehicle on railroad property
Section 219
Loitering in station
Section 220
Riding upon train other than as fare-paying passenger or employee
Section 221
Fees for enforcement of Sec. 220
Section 222
Riding or driving animals on railroad
Section 223
Liability for allowing animal on railroad
Section 224
Liability for allowing animal on railroad
Section 225
Malicious injury to railroad; treble damages
Section 226
Obstruction of passing of train
Section 227
Wilfully stopping train
Section 228
Tampering with tools or appliances
Section 229
Defects in highway; liability of city or town; recovery from railroad
Section 230
Repealed, 1974, 252
Section 231
Gross negligence of person in control of train; penalty
Section 232
Neglect of railroad to give signals at crossing; damages; contributory, gross or wilful negligence
Section 233
Non-liability of railroad for acts of expressmen
Section 234
Liability; insurance of railroad and owner
Section 235
Spark arresters
Section 235A
Clearing of inflammable material along right of way
Section 236
Clearing of adjoining land; notice of intent to enter
Section 237
Warning of fire given by train crew
Section 238
Extinguishing fire
Section 239
Instruction of employees
Section 240
Entry upon public park or reservation
Section 241
Expense of extinguishing fire; liability of railroad
Section 241A
Derailments; removal of wreckage and debris
Section 242
Content; inspection; violations
Section 243
Quarterly statement
Section 244
Lessee to make lessor’s returns
Section 245
Construction; limitations
Section 246
Supervisory powers of department
Section 247
Formation; powers
Section 248
Agreement of association
Section 249
Certificate of compliance
Section 250
Change in amount of capital stock
Section 251
Application
Section 252
Enforcement
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