reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159b - Carriers of Property by Motor Vehicle › Section 17 - Submission of Accounts, Records or Memoranda; Penalty

Section 17. In case of failure or refusal on the part of any person, including shipper, consignee, consignor, leasing company, motor carrier, broker, his executor, administrator, guardian, conservator, assignee, receiver, and trustee, to submit accounts, records or memoranda of such person or persons, motor carrier, shipper, consignee, consignor or leasing company in its possession or control, in so far as such accounts, records or memoranda relate to the transportation of property by common carrier or contract carrier and charges therefor, to the inspection of the department or its authorized representatives, such person, motor carrier, shipper, consignee, consignor, broker, leasing company or fiduciary shall be punished by a fine of two hundred dollars for each and every day during the continuance of such offense, such fine to be paid into the treasury of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159b - Carriers of Property by Motor Vehicle › Section 18 - Drivers; Hours

Section 18. No driver shall operate any motor vehicle used for the transportation of property on the ways within the commonwealth, and no owner, lessee or other person having control of any such vehicle shall require or permit any driver so to operate the same, at any time after the driver has been continuously on duty for twelve hours and before he shall have had at least eight consecutive hours off duty, or at any time after the driver has been on duty sixteen hours in the aggregate in any twenty-four hour period and before he shall have had ten consecutive hours off duty. Periods of release from duty herein required shall be given at such place and under such circumstances that rest and relaxation from the strain of the duties of the employment may be obtained. No period off duty shall be deemed to break the continuity of duty unless it be for at least three consecutive hours at a place where there is opportunity for a rest. In case of flood, storm or other unforeseen emergency, the driver may complete his run or tour of duty if such run or tour of duty would reasonably have been completed without a violation of this section, except for the delay caused by such emergency, or may make deliveries of necessaries of life notwithstanding the foregoing provisions of this section. The department may make such rules and regulations as it deems necessary or advisable to insure proper enforcement of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159b - Carriers of Property by Motor Vehicle › Section 19 - Rebates, Concessions or Discrimination; Rates at Less Than Required; Evasion of Regulation

Section 19. No person, whether carrier, shipper, consignee, or broker, or any officer, employee, agent, or representative thereof, shall (1) knowingly offer, grant or give, or solicit, accept or receive, any rebate, concession or discrimination in violation of any provision of this chapter, or (2) by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease or bill of sale, or by any other means or device, knowingly or wilfully assist, suffer or permit any person to obtain transportation of property subject to this chapter for less than the applicable rate or charge, or (3) by any such means, or otherwise, fraudulently seek to evade or defeat regulation as in this chapter provided.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159b - Carriers of Property by Motor Vehicle › Section 19a - Transportation Bills; Credit; Exemptions

Section 19A. Transportation bills for all transportation charges by common carriers of property by motor vehicle shall be presented or mailed to the shippers within seven calendar days from twelve o'clock midnight following delivery of the property. Such carriers may extend credit in the amount of such charges to those who undertake to pay them for a period of fifteen days, excluding Sundays and legal holidays, from the date of presentation or mailing of the transportation bills. If payment for transportation is not received by the carrier before the expiration of the period set forth above, such carrier is prohibited from engaging in any transportation operations for such shipper, except upon a cash basis, until final settlement and payment for the original transportation has been made. This section does not apply to the commonwealth and its political subdivisions and shall have no application to the transportation of rubbish, demolition waste and other waste materials. The department upon determining a violation exists under this section, involving construction dump trucks, shall prohibit all such certificate holders under its jurisdiction from furnishing transportation services to the shipper involved in the violation until and unless the violation has been removed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159b - Carriers of Property by Motor Vehicle › Section 20 - Conflicting Authority

Section 20. Nothing in this chapter shall lessen or affect the authority or powers of the department of highways or of the registrar of motor vehicles under chapter ninety. No person holding a certificate or a permit authorizing the transportation of property for compensation by motor vehicle within the city of Boston, shall be required to obtain a license from the police commissioner for said city on account of such transportation or the use of motor vehicles therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159b - Carriers of Property by Motor Vehicle › Section 21 - Violations

Section 21. Whoever violates any provision of this chapter, or any order, rule or regulation adopted or established thereunder, or any lawful requirement, condition, limitation or restriction contained in any certificate, permit or license, shall be punished, except as otherwise provided in this chapter, for a first offense by a fine of not more than one hundred dollars and for any subsequent offense by a fine of not more than two hundred dollars; and, in addition, the supreme judicial and superior courts shall severally have jurisdiction in equity to restrain any such violation upon petition of the department, or of any person, organization or body politic affected by such violation.
Any such person, organization or body politic may file with the department a complaint of any such violation, and the department shall within seven calendar days investigate such complaint, and shall within fourteen calendar days issue an order for remedial action if warranted or shall order hearings to be conducted within a period of twenty-one calendar days from the date of the department's order. Continuances of hearings on such complaint for any reason shall not be allowed beyond a period of twenty-one calendar days from the date of the last preceding hearing date. Upon completion of all hearings deemed necessary the department shall render a decision no later than ninety days from the date of the last hearing held on such a complaint. The department may hold a hearing on the question of revocation of the certificate, permit or license of any motor carrier, broker or interstate licensee complained against and may institute in any court of the commonwealth in the county or district wherein the carrier shall have a place of business, or in the county or district wherein the violation occurred, such action, suit or complaint as may be necessary to enforce compliance with any provision of this chapter or any rule, regulation or order of the department thereunder, or any lawful requirement, condition, limitation or restriction contained in any certificate, permit or license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 2 - Unsolicited Telephonic Sales Calls; Consumer Listing; Updates

Section 2. The office shall establish and maintain a no sales solicitation calls listing of consumers who do not wish to receive unsolicited telephonic sales calls. The office may contract with a private vendor to establish and maintain such listing, provided that: (i) the private vendor has maintained national no sales solicitation calls listings for more than 2 years; and (ii) the contract requires the vendor to provide the no sales solicitation calls listing in a printed hard copy format and in any other format offered at a cost that does not exceed the production cost of the format offered. The office shall provide notice to consumers of the establishment of a no sales solicitation calls listing. A consumer who wishes to be included on the listing shall notify the office by calling toll-free number provided by the office, or in such other manner and at such times as the office may prescribe, which may include electronic notification. A consumer on such listing shall be deleted from such listing upon the consumer's written request or in such other manner and at such times as the division may prescribe, which may include electronic notification. The office shall update such listing not less than quarterly and shall make such listing available to telephone solicitors and other persons for a fee as the office shall prescribe.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 3 - Unsolicited Telephonic Sales Calls; Limitations

Section 3. A telephone solicitor shall not make or cause to be made an unsolicited telephonic sales call to a consumer: (i) if the consumer's name and telephone number appear on the then current quarterly no sales solicitation calls listing made available by the office under section 2; (ii) to be received between the hours of 8:00 p.m. and 8:00 a.m., local time, at the consumer's location; (iii) in the form of electronically transmitted facsimiles; or (iv) by use of a recorded message device.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 5 - Exclusion of Consumer Information From Marketing or Sales Solicitation Publications, Compilations, and Databases; Exceptions

Section 5. (a) A person who obtains the name, residential address or telephone number of a consumer from published telephone directories or from any other source and republishes or compiles such information, electronically or otherwise, and sells or offers to sell such publication or compilation to telephone solicitors for marketing or sales solicitation purposes shall, in accordance with this chapter, exclude from any such publication or compilation and from any database used exclusively for marketing or sales solicitation purposes, the name, address and telephone number of a consumer whose name and telephone number appears in the then current quarterly no sales solicitation calls listing made available by the office under section 2.
(b) This section shall not apply to: (i) a telephone company, subject to the authority of the department of telecommunications and energy, for the sole purpose of compiling, publishing or distributing telephone directories or causing the compilation, publication or distribution of telephone directories or providing directory assistance; and (ii) a person, for the sole purpose of compiling, publishing or distributing telephone directories for such telephone company pursuant to an agreement or other arrangement with such telephone company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 5a - Disclosures by Telephone Solicitors; Information Provided to Consumers Prior to Payment

Section 5A. (a) A telephone solicitor shall disclose all of the following information within the first minute of a telephonic sales call and before requesting, accepting or arranging for payment by a consumer: (i) that the purpose of the telephone call is to make a sale or solicit funds; (ii) the correct name of the telemarketing company that employs the individual telemarketer who is making the call; (iii) the correct name of the ultimate seller whose goods or services are being offered by means of the telemarketing call; and (iv) a complete and accurate description of the goods or services being offered including, but not limited to, the retail market value of the goods or services.
(b) The telemarketer shall provide all of the following information before requesting, accepting or arranging for payment by a consumer: (i) the cost to the consumer of the goods or services that are the subject of the telemarketing sales call including, but not limited to, any applicable tax, shipping and handling fees; (ii) any restrictions, limitations or conditions attached to purchasing the goods or services; (iii) the complete terms of any applicable refund, return, cancellation, exchange or repurchase policies; (iv) any material aspect of an investment opportunity being offered including, but not limited to, the price of the land or other investment, the location of the investment and the fact that an investor may lose some or all of their original investment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 6 - Consumer Objections to Receipt of Unsolicited Telephonic Sales Calls; Methods of Compilation; Notification of Solicitors

Section 6. The office shall promulgate regulations to carry out this chapter which shall: (i) require each local exchange company to inform consumers of the opportunity to provide notification to the office or its contractor that such consumer objects to receiving unsolicited telephonic sales calls; (ii) specify the methods by which each such consumer shall give notice to the office or its contractor of the consumer's objection to receiving such sales calls or revocation of such notice; provided, however, that there shall be no cost to the consumer for joining the listing; (iii) specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice; (iv) specify the methods by which such objections and revocations shall be collected and added to the no sales solicitations calls listing; (v) specify the methods by which a person or entity desiring to make telephonic sales calls may obtain access to the no sales solicitation calls listing as required to avoid calling the telephone numbers of consumer included in such listing; and (vi) specify such other matters relating to the listing that the office deems desirable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 7 - National Consumer Database; Inclusion of Commonwealth Portion in No Sales Solicitation Calls Listing

Section 7. If the Federal Communications Commission establishes a single national database of telephone numbers of consumers who do not wish to receive unsolicited telephonic sales calls pursuant to 47 U.S.C. section 227 (c)(3), the office shall include that part of such single national database that relates to the commonwealth in the listing established pursuant to this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 8 - Violations; Enforcement by Attorney General; Consumer Action; Penalties; Attorney's Fees and Costs

Section 8. (a) The attorney general may initiate proceedings relating to a knowing violation or threatened knowing violation of this chapter. Such proceedings may include, without limitation, an injunction, a civil penalty of not more than $5,000 for each knowing violation, but not less than $1,500 for a knowing violation involving a consumer who is 65 years of age or older, and additional relief in a court of competent jurisdiction. The attorney general may also issue investigative demands and subpoenas, administer oaths and conduct hearings in the course of investigating a violation of this chapter.
(b) A person who has received more than 1 unsolicited telephonic sales call within a 12–month period by or on behalf of the same person or entity in violation of this chapter may: (i) bring an action to enjoin the violation; (2) bring an action to recover for actual monetary loss from such knowing violation or to receive not more than $5,000 in damages for such knowing violation, whichever is greater; or (iii) bring both such actions.
(c) In a civil proceeding resulting from a transaction involving a violation of this chapter, the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall be awarded reasonable attorney's fees and costs from the nonprevailing party.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 9 - Defense to Action or Proceeding for Violation

Section 9. It shall be a defense in any action or proceeding brought pursuant to this chapter that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent unsolicited telephonic sales calls in violation of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 10 - Time Limitations for Actions or Proceedings

Section 10. No action or proceeding shall be brought pursuant to this chapter: (i) more than 3 years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (ii) more than 3 years after the termination of a proceeding or action arising out of the same violation by the commonwealth, whichever is later.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 11 - Use of Information Contained in No Sales Solicitation Listing

Section 11. Information contained in the no sales solicitation listing established pursuant to this chapter shall be used only for the purposes of compliance with this chapter or in a proceeding or action under section 8. Such information shall not be subject to public inspection or disclosure.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 13 - Remedies Not Exclusive

Section 13. The remedies, duties, prohibitions and penalties provided in this chapter shall not be exclusive and shall be in addition to all other causes of action, remedies and penalties provided by law, including any applicable remedies pursuant to chapter 93A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 159c - Telemarketing Solicitation › Section 14 - Advisory Group; Availability of Educational Materials; Written and Electronic Information

Section 14. The office shall establish an advisory group comprised of government entities, local telecommunications companies, businesses, senior citizens and other community advocates to compile and promote a list of educational literature to help consumers understand their options with regard to telephonic sales calls. The office shall work with local telecommunications companies to disseminate to their residential subscribers information about the availability of and instructions on how to request educational literature from the office. The office shall include on its internet website information that informs consumers of their rights to be placed on the no sales solicitation calls listing and the various methods, including notice to the office, of placing their names on the no sales solicitation calls listing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 1 - Definitions

Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:
''Board of aldermen'' or ''selectmen'' includes the board or other authority exercising the powers of a board of aldermen or of selectmen; but nothing herein shall be construed as affecting the veto power of a mayor of any city.
''Department'', the department of public utilities.
''Public way'', any way laid out by public authority.
''Railroad'', a railroad or railway of the class usually operated by steam power.
''Railroad corporation'', the corporation which lays out, constructs, maintains or operates a railroad of the class usually operated by steam power.
''Railroads and railways'', all railroads and railways except tramways in mines and marine railways.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 2 - Boston; Tribunal Acting in Place of County Commissioners

Section 2. The duties imposed by this chapter upon county commissioners as a tribunal of original jurisdiction relative to the fixing of routes or to the location, construction, maintenance and operation of railroads shall, in Boston, unless it is otherwise expressly provided, devolve upon the city council of said city. The duties imposed upon the county commissioners by reference or appeal from the board of aldermen shall, in cases arising in Boston, devolve upon the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 3 - Application

Section 3. Railroad corporations established in the commonwealth shall be subject to this chapter and chapter one hundred and fifty-nine which, so far as inconsistent with charters granted since March eleventh, eighteen hundred and thirty-one, shall be an alteration and amendment thereof; but this section shall not impair the validity of any special power heretofore conferred by charter or other special act upon a particular railroad corporation which had exercised such power before February first, eighteen hundred and seventy-five, or prevent the continued exercise thereof conformably, so far as may be, to this chapter and chapter one hundred and fifty-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 4 - Corporation Chartered Concurrently With Another State

Section 4. A railroad corporation chartered by the concurrent legislation of this and other states shall, as regards any portion of its railroad lying within this commonwealth, be entitled to all the benefits and be subject to all the liabilities of the railroad corporations of this commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 5 - Corporation or Trustees Operating Railroad of Another

Section 5. If a railroad which has been laid out and constructed by one corporation is lawfully maintained and operated by another corporation, the latter corporation shall be subject to the provisions of this chapter and chapter one hundred and fifty-nine respecting or arising from the maintenance and operation of such railroad, as if such railroad had been laid out and constructed by it. If a railroad is lawfully maintained and operated by trustees, they shall in like manner be subject to the provisions of law respecting or arising from the maintenance and operation of such railroad which apply to the corporation for whose stockholders or creditors they are trustees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 6 - Purchase of Railroad by Commonwealth

Section 6. This chapter and chapter one hundred and fifty-nine shall not impair the rights of the commonwealth as asserted or reserved in previous statutes, and the commonwealth may, at any time during the continuance of the charter of a railroad corporation after the expiration of twenty years from the opening of its railroad for use, purchase of the corporation its railroad and all its franchise, property, rights and privileges by paying therefor such amount as will reimburse to it the amount of capital paid in, with a net profit thereon of ten per cent a year from the time of the payment thereof by the stockholders to the time of the purchase.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 7 - Taking by Eminent Domain

Section 7. The commonwealth may, at any time after one year's written notice to a railroad corporation, take its railroad, franchise and other property by eminent domain under chapter seventy-nine; provided, however, that said notice shall not be required if the corporation does not conduct railroad operations in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 8 - Map and Engineer's Report to Accompany Petition for Charter

Section 8. A petition to the general court for a charter for a railroad corporation shall not be acted upon, unless accompanied by such a map of the route and by such a report of a competent engineer, as is specified in section eighteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 10 - Notice of Route

Section 10. Such petition shall not be acted upon, until notice thereof has been published according to law, designating the route with such certainty as to give reasonable notice to all persons interested therein that their rights may be affected by the granting of the petition, and that they may have an opportunity to appear and object thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 11 - Limits Specified in Charter

Section 11. Every charter shall confine the railroad within the limits indicated by the notice required in the preceding section, shall specify the several cities and towns through which the railroad may pass, and shall otherwise designate the route thereof with as much certainty as the nature of the case will admit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 12 - Fixing of Route

Section 12. The route of the railroad of a corporation established by special charter, and of its branches and extensions, shall be fixed according to sections twenty and twenty-one except so far as they may have been fixed by special statute; and such railroad, branches and extensions shall be located and constructed according to the provisions of this chapter regulating the location and construction of railroads by corporations incorporated under general laws, except that section seventeen shall not apply, if authority so to locate and construct has been granted by special act of the general court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 14 - Contents of Agreement of Association

Section 14. The agreement of association shall state:
(a) That the subscribers thereto associate themselves with the intention of forming a railroad corporation.
(b) The corporate name assumed, which shall be one not in use by any other railroad corporation in the commonwealth, or, in the judgment of the department, so similar thereto as to be likely to be mistaken for it, and which shall contain the words, ''railroad corporation'', at the end thereof.
(c) The termini of the railroad.
(d) The length of the railroad, as nearly as may be.
(e) The name of each county, city and town where the railroad is to be located.
(f) The gauge of the railroad, which shall be either four feet eight and one half inches, or three feet.
(g) The total amount of the capital stock of the corporation, which shall be not less than ten thousand dollars for each mile, if the gauge is four feet eight and one half inches, and not less than five thousand dollars for each mile, if the gauge is three feet.
(h) The par value of the shares, which shall be one hundred dollars.
(i) The names and residences of at least five persons, who shall be subscribers to the agreement of association, to act as directors until others are chosen and qualified in their stead.
Each associate shall subscribe to the agreement of association his name, residence, post office address, and the number of shares of stock which he agrees to take; but no subscriber shall be bound to pay more than ten per cent of the amount of his subscription unless a corporation is incorporated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 15 - Associates' Authority

Section 15. The associates may from time to time, at a meeting called therefor, reduce the amount of the capital stock, but not below the limit prescribed in the preceding section; and they may, in like manner, change the gauge of their railroad to the other gauge allowed by said section. The directors shall appoint a clerk and a treasurer, who shall hold their respective offices until a clerk and a treasurer of the corporation are chosen and qualified in their stead. The directors shall fill any vacancy in their board, or in the office of clerk or treasurer, before the organization of the corporation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 16 - Publication of Agreement of Association

Section 16. The directors, before fixing the route of the railroad as hereinafter provided, shall publish a copy of the agreement of association in a newspaper, if any, published in each of the cities and towns where the railroad is to be located, and if, in any county, a newspaper is published in none of said cities and towns therein, in such newspaper published in said county as shall be designated by the department, at least once in each of three successive weeks; and, three weeks before fixing said route, shall also post a copy of said agreement in two or more public places in each of said cities and towns where said railroad is to be located; and the sworn certificate of the clerk shall be conclusive evidence of such publication and posting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 17 - Application for Certificate of Public Convenience and Necessity

Section 17. After compliance with the provisions of sections thirteen to sixteen, inclusive, and within thirty days after the first publication of notice of the agreement of association therein required, the directors therein named shall apply to the department for a certificate that public convenience and necessity require the construction of a railroad as proposed in such agreement. If the department refuses to issue such certificate, no further proceedings shall be had, but the application may be renewed after one year from the date of such refusal.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 18 - Map; Engineer's Report

Section 18. The directors shall prepare a map of the route on an appropriate scale, with a profile thereof on a vertical scale of ten to one as compared with the horizontal scale, and shall procure the report of a competent engineer, based on actual examination and survey, showing the kind and amount of excavation, filling, bridging and masonry required, the grades, the number of public ways and of other railroads, and of navigable streams and tide waters, to be crossed, and the manner of crossing the same, the general profile of the surface of the country through which the railroad is to pass, the feasibility of the route, the manner of constructing the railroad, and a detailed estimate of the cost of construction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 19 - Submission of Map and Report to Local Officials

Section 19. The directors shall submit said map and report to the board of aldermen of every city and to the selectmen of every town named in the agreement of association, who shall thereupon appoint a time and place for a hearing, of which notice shall be given by publication in a newspaper published in said city or town, or if none is published therein, in such newspaper published in the county where said city or town is situated as shall be designated by the department, at least once in each of two successive weeks, the last publication to be at least two days before the hearing; and by posting copies of said notice in two or more public places in said city or town at least two weeks before such hearing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 20 - Fixing of Route by Local Officials; Certificate Fee

Section 20. If the board of aldermen of a city or the selectmen of a town named in the agreement of association, after such notice, exhibition of the map and the hearing, agree with the directors as to the said route or as to any route of the railroad in said city or town, they shall in such agreement fix the route, and sign and give to the directors a certificate setting it forth. The board of aldermen of a city or the selectmen of a town will also set a fee for such a certificate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 21 - Fixing of Route by Department Upon Failure to Agree

Section 21. If they fail so to agree, the directors may petition the department to fix the route in said city or town; and the department, after notice to said board of aldermen or selectmen, shall hear the parties, and fix the route in such city or town, and make a certificate setting forth the route as fixed by it, which shall be certified by its clerk to the directors. The costs of the petition shall be paid by the directors. All variations from the route first proposed shall be made upon the map.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 22 - Spurs, Branches and Connecting and Terminal Tracks

Section 22. The route fixed under the two preceding sections may include such spurs, branches and connecting and terminal tracks in any city or town as may be necessary to enable the corporation conveniently to collect and deliver passengers and freight therein; but no such branches, spurs or connecting or terminal tracks shall be laid longitudinally within the limits of a public way without the consent of the board of aldermen or the selectmen, who, in giving such consent, may impose such conditions as to the location, construction and use thereof as may be agreed upon between themselves and the directors. A corporation which owns or operates any such tracks so laid longitudinally in a public way shall, in respect to the same, be liable to the city or town for all loss or damage caused to it by the construction and use of such tracks and by the negligence or default of the agents or workmen of such corporation on such way.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 23 - Certificate of Facts of Subscription

Section 23. When the amount of capital stock named in the agreement of association has been subscribed in good faith by responsible persons, and ten per cent of the par value of each share has been actually paid in cash to the treasurer, the directors, clerk and treasurer shall annex to the agreement of association their certificate setting forth these facts, and that it is intended in good faith to locate, construct, maintain and operate the railroad upon the route fixed, shall also annex to said agreement the certificate of publication specified in section sixteen, and the several certificates fixing the route, shall present the same for inspection to the department, and shall at the same time deposit in the office of the department the report of the engineer and the map.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 24 - Certificate of Compliance; Filing; Certificate of Incorporation

Section 24. When it is shown to the satisfaction of the department that the requirements of this chapter preliminary to the incorporation of a railroad corporation have been complied with, the clerk of the department, upon its order, shall annex to the agreement of association a certificate stating that such requirements have been complied with. The directors shall thereupon file the agreement of association, with all the certificates annexed thereto, in the office of the state secretary, who, upon the payment to him of a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven, said state secretary, shall receive and preserve the same in form convenient for reference and open to public inspection, and shall thereupon issue a certificate of incorporation substantially in the following form:
COMMONWEALTH OF MASSACHUSETTS.
Be it known that whereas (names of the subscribers to the agreement 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 (description of the railroad as in the agreement of association), and have complied with the statutes of this commonwealth in such cases made and provided: Now, therefore, I, , 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 all general laws which now are or hereafter may be in force relating to railroad corporations.
In witness whereof, I have hereunto subscribed my official signature, and affixed the great seal of said commonwealth, this day of , in the year .
The state secretary shall sign the certificate of incorporation, and cause the great seal of the commonwealth to be thereto affixed, and such certificate shall have the force and effect of a special charter. The state secretary shall also cause a record of the certificate of incorporation to be made, and such certificate, or such record, or a certified copy thereof, shall be conclusive evidence of the existence of such corporation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 25 - Change in Amount of Capital Stock; Change of Gauge

Section 25. If the capital stock fixed in the agreement of association is found to be insufficient for the construction and equipment of the railroad, the corporation at a meeting called therefor may, subject to section forty-seven, increase the same, from time to time, to the amount necessary for those purposes. It may, at a meeting called therefor, reduce the amount of the capital stock, but not below the limit prescribed in section fourteen. It may, also, in like manner, change the gauge to the other authorized gauge; but a corporation organized to construct its railroad on a gauge of three feet shall not change such gauge to four feet eight and one half inches without complying with all provisions of law relative to the capital stock of railroads of the broad gauge; and the fact that such provisions have been complied with shall be shown to the satisfaction of the department, and endorsed by its clerk upon the certificate of such change of gauge before it is filed in the office of the state secretary. A certificate of the increase or reduction of capital or change of gauge shall, within thirty days thereafter, be filed in the office of the state secretary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 26 - Limit Upon Time to Acquire Certificate of Incorporation

Section 26. The agreement of association, and all proceedings thereunder, including the fixing of the route, shall be void, unless the certificate of incorporation is issued within one year after the time the route is fixed as provided in section twenty or twenty-one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 27 - Limit Upon Time to Construct Railroad

Section 27. If a corporation does not begin the construction of its railroad and expend thereon at least ten per cent of the amount of its original capital stock within two years after the date of its certificate of incorporation, and does not complete and open its railroad for use within four years after said date, its corporate powers and existence shall cease.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 29 - First Meeting of Incorporators; Notice; Waiver of Notice

Section 29. Upon the issue of such certificate of incorporation, the first meeting of the incorporators shall be called by a notice signed by a majority of the directors; and such notice shall state the time, place and purposes of the meeting. A copy of such notice shall, seven days at least before the day appointed for the meeting, be given to each incorporator or left at his residence or usual place of business, or deposited in the post office, postage prepaid, and addressed to him at his residence or usual place of business, and another copy thereof, and an affidavit of the clerk that the notice has been duly served, shall be recorded with the records of the corporation. If all of the incorporators shall in writing waive such notice, and fix the time and place of the meeting, no notice shall be required.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 30 - Adoption of By-Laws; Election of Directors

Section 30. At such first meeting, or at any adjournment thereof, the incorporators shall organize by the adoption of by-laws, and by the election, by ballot, of not less than five directors. The clerk appointed by the directors under section fifteen shall make and attest a record of the proceedings until the clerk has been chosen and sworn, including a record of such choice and qualification.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 32 - Selection of Officers; Treasurer's Bond; Clerk's Qualifications and Duties; Terms of Office; Vacancies

Section 32. The directors shall be elected annually by the stockholders by ballot, and the president shall be elected annually by and from the board of directors, and the treasurer and the clerk annually by said board. Every director, unless the by-laws otherwise provide, shall be a stockholder. The treasurer may be required to give a bond for the faithful performance of his duty in such sum and with such sureties as the by-laws may prescribe. The clerk, who shall be a resident of the commonwealth, shall be sworn, and shall record all votes of the corporation in a book to be kept for that purpose. The officers of a corporation shall hold office for one year and until their successors are qualified. All other agents and officers shall be chosen or appointed, and all vacancies filled, in the manner prescribed by the by-laws, or, in default of such by-law, by the board of directors.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 33 - Stockholders' Meeting

Section 33. There shall be an annual meeting of the stockholders, and the time and place of holding it, and the manner of conducting it, shall be fixed by the by-laws. All meetings of stockholders shall, unless the by-laws otherwise provide, be held in the commonwealth; and shall be called, and notice thereof given, in the manner provided in the by-laws of the corporation; or, if the by-laws make no provision therefor, shall be called by the president, and a written notice, stating the place, day and hour thereof, given by the clerk, at least seven days before such meeting, to each stockholder by leaving such notice with him or at his residence or usual place of business, or by mailing it, postage prepaid, and addressed to each stockholder at his address as it appears upon the books of the corporation. Unless the by-laws otherwise provide, a majority in interest of all stock issued and outstanding and entitled to vote shall constitute a quorum, but if at any annual meeting or at any other meeting held for the purpose of electing officers less than a majority of the stock is represented, no election of officers shall take place.
Notices of all meetings of stockholders shall state the purposes for which the meetings are called. No notice of the time, place or purpose of any regular or special meeting of the stockholders shall be required, if every stockholder, or his attorney thereunto authorized, by a writing filed with the records of the meeting, waives such notice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 34 - Special Meetings

Section 34. A special meeting of the stockholders shall be called, and a written notice thereof, stating the time, place and purpose of the meeting, given by the clerk, upon written application of three or more stockholders entitled to vote, and holding at least one tenth of the capital stock.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 36 - Voting Rights of Stockholders

Section 36. Stockholders entitled to vote shall have one vote for each share of stock owned by them. Stockholders may vote either in person or by proxy. No proxy dated more than six months before the meeting named therein shall be accepted, and no such proxy shall be valid after the final adjournment of such meeting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 37 - Meetings of Directors

Section 37. Meetings of the board of directors may be held within or without the commonwealth. Any meeting of the board of directors shall be a legal meeting without notice, if each director, who is absent, by a writing filed with the records of the meeting, waives such notice.