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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXII CORPORATIONS
  • CHAPTER 161 STREET RAILWAYS

Section 1 - Definitions

Section 2 - Application

Section 3 - Persons forming company

Section 4 - Contents of agreement of association; duties of associates

Section 5 - Clerk and treasurer of association; term; vacancies

Section 6 - Publication of agreement of association

Section 7 - Location

Section 8 - Certification of facts relating to formation; presentation to department

Section 9 - Certificate of incorporation

Section 10 - First meeting of incorporators; notice; waiver of notice

Section 11 - Adoption of by-laws; election of directors

Section 12 - Management of business

Section 13 - Election of officers; term; qualifications; treasurer’s bond; appointment of other officers

Section 14 - Stockholders’ meetings

Section 15 - Special meetings

Section 16 - Voting by corporation of own shares

Section 17 - Voting by shareholders; proxies

Section 18 - Directors’ meetings

Section 19 - Stock certificates

Section 20 - Issuance of certificate

Section 20A - Change of par value of capital stock

Section 21 - Assessments; default of shareholder

Section 22 - Collection of assessments

Section 23 - Subscription for stock; payment for stock; conditions to building railway

Section 24 - Liability prior to payment for capital stock

Section 25 - Purposes authorizing increase in capital stock or bond issue; action of department

Section 26 - Supplying working capital; stock increase or bond issue

Section 27 - Reduction of capital stock; approval of department; liability of directors

Section 28 - Issue of stock and bonds; authorization; certificate of department; filing

Section 29 - Limit of issue of bonds, coupon notes and other evidences of indebtedness

Section 30 - Enforcement of provisions relating to issue of stocks and bonds

Section 31 - Penalty for improper issue of stocks and bonds

Section 32 - Preferred stock

Section 33 - Exchange of common for preferred; limitations

Section 34 - Designation of each class of preferred; record of proceeding creating class; content of certificate

Section 35 - Preferred stock; voting powers; issue, etc.

Section 36 - Prohibition

Section 37 - Effect of issue; liability of directors

Section 38 - Time to begin operation; extension

Section 39 - Extension of railway into other cities and towns

Section 40 - Connecting locations

Section 41 - Real and personal estate; stock or bonds of other street railways

Section 42 - Recreation and pleasure resorts; sale of alcoholic beverages

Section 43 - Motive power

Section 44 - Use of motor vehicles not running on rails

Section 45 - Manufacture, use and transmission of electricity

Section 46 - Use of tracks by another railway

Section 47 - Interchange of traffic and cars between companies

Section 48 - Use of railroad tracks

Section 49 - Street sprinkling cars upon railway tracks

Section 50 - Municipal street maintenance cars upon railway tracks

Section 51 - Coal and other supplies

Section 52 - Carriers of mail

Section 53 - Common carriers of newspapers, baggage, express matter and freight

Section 54 - Operation outside limits of public way or bridge

Section 55 - Authorization to operate on private land

Section 56 - Certification permitting operation on private land; regulation of operation and construction

Section 57 - Laws applicable to railways located on private land

Section 58 - Eminent domain

Section 59 - Eminent domain; application of other sections

Section 60 - Eminent domain; crossing of public way

Section 61 - Eminent domain; construction of Secs. 58 to 60

Section 62 - Limitations

Section 63 - Sale or consolidation with intersecting or continuing line

Section 64 - Financing sale or consolidation

Section 65 - Powers and duties of combined companies

Section 66 - Use of facilities of one railway by another

Section 67 - Powers of railway contracting for operation of railway or taking lease of railway

Section 68 - Sale of portion of railway; payment of dividends from money received

Section 69 - Purchase of connecting or intersecting line of company organized in another state

Section 69A - Merger of association or trust owning capital of company into company

Section 70 - Extension of location; proceedings

Section 71 - Alteration of location; proceedings

Section 72 - Authorization to grant in public way or upon private land

Section 73 - Authorization to grant while bridge closed

Section 74 - Application to department

Section 75 - Termination of location

Section 76 - Cost of temporary tracks constructed due to alteration of grade crossing

Section 77 - Proceedings

Section 78 - Expense of widening; way not presently containing track

Section 79 - Expense of altering or changing grade; way containing track

Section 80 - Method as assessing

Section 81 - Application to have way designated as highway; determination; payment for damages

Section 82 - Power of department of highways

Section 83 - Certificate of compliance

Section 84 - Rate of speed; use of tracks; number and routes of cars

Section 85 - Clearance of snow from tracks; regulations of department of highways

Section 86 - Voluntary discontinuance of use of tracks; removal of track

Section 87 - Temporary discontinuance of use of tracks

Section 88 - Liability of municipality for alteration or discontinuance of public way

Section 89 - Opening way or bridge to make repairs; liability for loss or injury

Section 90 - Liability of municipality; recovery from railway

Section 91 - Guards and railings on bridges

Section 91A - Repealed, 1980, 581, Sec. 1

Section 92 - Stopping at railroad crossings

Section 93 - Warning of approach of street car

Section 94 - Obstruction of tracks

Section 94A - Littering public transportation facilities; penalty

Section 95 - Loitering

Section 96 - Obstruction of ways and bridges by railway; penalty

Section 97 - Children selling newspapers on railway cars; penalty

Section 98 - Safety devices for cars and station platforms

Section 99 - Emergency tools and lifting jack

Section 100 - Heating railway cars

Section 101 - Enclosure of platforms during winter months

Section 102 - Failure to enclose platforms during winter months; penalty

Section 103 - Hours of employment per day; penalty

Section 104 - Reasonable accommodations for passengers

Section 105 - Additional passenger accommodations

Section 106 - Assumption of risk

Section 107 - Special service railway cars and rates; working men’s rates; children’s rates; veterans’ rates; free passes to public officials

Section 108 - Railway fares; students’ rates

Section 109 - Regulation of fares; railroads and street railways

Section 110 - Free checks or transfers from one railway car to another; regulation

Section 111 - Notice of change of service

Section 112 - Notice of change of tariff or rates to municipalities

Section 113 - Misuse of transfer ticket; penalty

Section 113A - Fraudulent use of passes; Massachusetts Bay Transportation Authority stations or vehicles; penalty

Section 114 - Transportation of milk and cream

Section 115 - Railway service provided at cost; acceptance of Secs. 115 to 128

Section 116 - Cost of service; definitions

Section 117 - Reserve fund

Section 118 - Service at cost; application to determine status of unfunded debt

Section 119 - Use of reserve fund

Section 120 - Schedules of grades of railway fare and transfer privileges; public hearing; approval or modification

Section 121 - Change in grades of railway fare

Section 122 - Improvement fund

Section 123 - Sale of railway property and franchise to state or municipality

Section 124 - Directors appointed by governor; qualifications; powers and privileges

Section 125 - Monthly condition statements; supervision and investigation by department

Section 126 - Acceptance of Secs. 115 to 128; commencement of operations

Section 127 - Disposal of property no longer of service

Section 128 - Return on stock investment; state directors of railway company; petition for reversal of orders of department

Section 129 - Avoiding or abolishing grade crossings; eminent domain

Section 130 - Construction of overpasses and underpasses

Section 131 - Structures or alterations within public way or state highway

Section 132 - Change of railway company’s name; authorization

Section 133 - Filing of certificate of name change

Section 134 - Rights and liabilities of railway company under new name

Section 135 - Authorization of sale by receiver of railway property; powers and duties of purchaser

Section 136 - Content of agreement of association of purchasers; execution of agreement

Section 137 - Certificate of incorporation; organization of railway company

Section 138 - Annual return transmitted to department by street railway company directors

Section 139 - Tables and abstracts prepared by department

Section 140 - Street railway lessee’s annual return

Section 141 - Retention of records by state departments and commissions

Section 142 - Equity jurisdiction

Section 143 - Establishment of area

Section 144 - Preliminary agreements

Section 145 - Acceptance of preliminary agreements

Section 146 - Management of transportation area; appointment and compensation of trustees

Section 147 - Powers of trustees; status of employees of acquired private companies

Section 148 - Officers of board of trustees; election; treasurer’s bond; voting; quorum; annual report

Section 149 - Taking of railway by eminent domain

Section 150 - Discharge of liabilities and obligations; basis of contribution by municipalities within area

Section 151 - Finances of transportation areas

Section 152 - Municipal borrowing; limitations

Section 152A - Contract between commonwealth and trustees for reimbursement for deficit from operation of transportation area

Section 153 - Extension of lines by transportation area; purchase of equipment; consent of department

Section 154 - Exclusion of municipality from transportation area

Section 155 - Leases of street railway property; amount of rental; term; renewals; termination

Section 156 - Establishment of fare zones and rates of fare

Section 157 - Care of leased railway property

Section 158 - Taxation

Section 159 - Massachusetts Bay Transportation Authority; application of Secs. 143 to 158

Section 160 - Transportation areas; application of Secs. 143 to 158

Section 161 - Avoiding reduction or discontinuance of railway service; contributions of municipalities