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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXII CORPORATIONS
  • CHAPTER 160 RAILROADS

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