reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 202 - Determination of Compensation

Section 202. A corporation which cannot agree with the postmaster general or other proper officer of the United States as to the compensation to be paid for such transportation may notify the postmaster general of its unwillingness to carry the mails upon the terms proposed; and after the expiration of three months from the depositing of such notice in a post office in the commonwealth, addressed to the postmaster general, such corporation shall be absolved from the duty imposed in the preceding section, unless he or some officer or agent of the post office department within that time has filed a petition in the supreme judicial court in any county, praying for the appointment of three commissioners to fix the price to be paid to the corporation for such service; and the court, after notice to the corporation, shall appoint three commissioners to hear the parties and determine such compensation, the award of a majority of whom, being made to and confirmed by said court, shall be final as to all past service and for a period of two years after such confirmation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 203 - Reopening of Proceedings Determining Compensation

Section 203. Upon application to said court by either party to such proceedings at any time after the expiration of two years from the confirmation of such award, the matter may be reopened, and the same or other commissioners shall rehear the parties, and the award of said commissioners or of a majority of them, when made to and confirmed by said court, shall be binding on the parties for two years after such confirmation, when like proceedings may again be had on petition of either party.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 205 - Equal Facilities; Passengers and Property

Section 205. Every railroad corporation shall, subject to the provisions of section two hundred and eleven, give to all persons reasonable and equal terms, facilities and accommodations for the transportation upon its railroad of themselves, their agents and servants, and of their merchandise and other property and for the use of its depot and other buildings and grounds; and, at any point where its railroad connects with another railroad, it shall give reasonable and equal terms and facilities of interchange.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 206 - Application of Sec. 205

Section 206. The preceding section shall apply to all persons engaged only in a local express business for the forwarding of express matter between points within the commonwealth in the trains or cars of any railroad corporation, and to persons desiring to engage therein who obtain the recommendation of the department therefor, and who agree in writing to indemnify the corporation against all loss of and damage to any property carried by them on its trains. Such recommendation shall be given only after notice to all parties interested and a hearing thereon, and with regard, among other considerations, to the public interest. Such corporation may contract with one or more persons for the express service over its railroad or system, subject to the rights of such persons as may then be engaged in, or shall have obtained the recommendation aforesaid to conduct such local express business thereon between points within the commonwealth under this section; and the terms, facilities and accommodations provided for such last named persons shall not be unreasonable or unequal, having regard to the amount and character of the service and also to such reasonable regulation of said business as may be for the public interest and the efficient operation of the railroad. This section shall not deprive any railroad corporation of any right which it has under its charter or under general laws, to perform all the transportation of property upon its railroad.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 207 - Prompt Forwarding

Section 207. Every railroad corporation shall promptly forward merchandise consigned to or directed to be sent over another railroad connecting with its railroad, according to the directions contained thereon or accompanying the same, and shall not receive and forward over its railroad merchandise consigned to or directed to be sent by a different route.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 208 - Charges for Transportation of Freight

Section 208. A railroad corporation shall not charge or receive for the transportation of freight to any station on its railroad a greater amount than is at the time charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station at a greater distance on its railroad in the same direction. Two or more railroad corporations whose railroads connect shall not charge or receive for the transportation of freight to any station on the railroad of either of them a greater amount than is at the time charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station at a greater distance on the railroad of either of them in the same direction. In construing this section, the amount charged or received for the transportation of freight shall include all terminal charges; and the railroad of a corporation shall include all the railroad in use by it, whether owned or operated under a contract or lease.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 209 - Violations; Penalties

Section 209. A railroad corporation violating any provision of the four preceding sections, in addition to liability for all damages sustained by reason of such violation, shall forfeit two hundred dollars, to be recovered in tort to his own use by the party aggrieved, or to the use of the commonwealth by the attorney general or the district attorney of the district where such violation was committed; but no such action shall be maintained unless brought within one year after the date of such violation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 210 - Freight Differential to Port of Boston

Section 210. A railroad corporation shall not, at any time, charge, demand or receive a greater sum for transportation by it of freight from any point of origin, for the same distances and under like conditions, on any lines operated by it or in connection with it, to the port of Boston for export to foreign countries, than is at the time received by it for transportation of the like class and quantity of freight to any other port reached by its lines for export to foreign countries; or charge, demand or receive, a greater sum for transportation for the same distance and under like conditions from the port of Boston of freight from foreign countries through said port of Boston to any point on any lines operated by it or in connection with it then is at the time received by it for transportation of the like class and quantity of freight through any other port on its lines to the same point; provided, that if the aforesaid provisions of this section shall conflict with any regulations made by act of congress this section shall be null and void so far as it conflicts therewith; and provided, further, that nothing herein contained shall justify the charging of the same rate for freight for export or import through any other port reached by its lines where the mileage from the point of receipt or delivery is less to the port of Boston than to the port in question, in which case the rate through Boston shall be proportionately less.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 211 - Discrimination in Rates

Section 211. A railroad corporation shall not in its charges for the transportation of freight or in the conduct of its freight business, make or give any undue or unreasonable preference or advantage to or in favor of any person, nor subject any person to any undue or unreasonable prejudice or disadvantage.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 212 - Complete Service; Equal Tariffs

Section 212. A railroad corporation shall not receive, forward or deliver milk in large quantities over any portion of its line, or permit others so to do, under contract, lease or hiring of cars or otherwise, without at the same time providing, as regards time, care and preservation of the milk and the return of the empty cans, equal facilities and advantages for receiving, forwarding and delivering milk by the can over the same portion of its line; nor without establishing a tariff for the milk by the can which is the same rate which it charges or receives as aforesaid for milk in large quantities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 213 - Tariff

Section 213. Upon the petition of one or more persons who desire to forward milk by the can over any railroad or any portion thereof, the department, after notice to the railroad corporation and a hearing, shall ascertain and compare the tariff established as aforesaid for milk by the can with the rate charged or received as aforesaid for milk in large quantities over such railroad or such portion thereof; and if the former is, in the judgment of the department, higher than the latter, the department shall revise said tariff and shall fix such rate for milk by the can as it finds to be the rate for milk in large quantities, including in both cases the same care and preservation of the milk and the return of the empty cans, as aforesaid; and shall notify the corporation in writing of the rate by the can so fixed over such railroad or such portion thereof; but the rates by the can so fixed shall not be higher than the rates charged by the same railroad corporation for a longer distance on any part of its system.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 214 - Violations; Penalty

Section 214. A railroad corporation which refuses or neglects to receive, forward or deliver milk by the can over its railroad or any portion thereof at the tariff rate therefor, as provided in the preceding section, shall forfeit to the person tendering the same five dollars for every can of milk which it so refuses to receive or neglects to forward and deliver at the said tariff rate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 216 - Certificate of Authorization; Filing; Notice

Section 216. A certified copy of such authorization and a certificate of the vote of the corporation, signed and sworn to by the president, treasurer and a majority of the directors, shall be filed in the office of the state secretary. The department shall require public notice to be given of the change so authorized; and, upon receipt of proof thereof, the state secretary may grant a certificate of the name which the corporation shall bear, which, subject to the provisions of section fourteen, shall thereafter be its legal name.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 217 - Rights and Liabilities Under New Name

Section 217. A railroad corporation shall have the same rights, powers and privileges, and be subject to the same duties, obligations and liabilities, under its new name as before its name was changed, and may sue and be sued by its new name; but any action brought against it by its former name shall not be defeated on that account, and, on motion of either party, the new name may be substituted therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 218 - Standing, Walking or Riding Vehicle on Railroad Property

Section 218. Whoever knowingly, without right is present, stands, walks, or rides a bicycle, snow vehicle, recreational or other vehicle on the right-of-way, bridge, or other property of, or used or controlled by any railroad corporation, except at a highway or other authorized grade crossing and except on rights-of-way formally abandoned pursuant to state or federal law and no longer owned by said railroad corporation or rights-of-way owned by said railroad corporation but which have been converted or leased specifically for use as a bicycle or walking path in accordance with state or federal laws, shall be fined $100 or shall be required to perform a total of 50 hours of community service which may include service in the operation lifesaver program, so-called. Any person violating this section may be arrested without a warrant by any police officer, including railroad police, and proceeded against according to law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 219 - Loitering in Station

Section 219. Whoever without right loiters or remains within a station house of a railroad corporation, or of the Boston Terminal Corporation, or upon the platform or grounds adjacent to such station, after being requested to leave the same by a police officer or by a railroad police officer, shall forfeit not less than two nor more than twenty dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 220 - Riding Upon Train Other Than as Fare-Paying Passenger or Employee

Section 220. Whoever, without right rides or attempts to ride upon a locomotive engine, tender, freight car, caboose, other conveyance or passenger train upon a railroad or upon the trains of the Massachusetts Bay Transportation Authority commuter rail other than as a fare paying passenger, or employee, shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than six months. A sheriff, deputy sheriff, constable, police officer, railroad police officer, or officer appointed with the powers of a railroad police officer, upon view of such offense, may, without a warrant, arrest the offender and make complaint against him therefor.
This section shall not apply to railroad employees while in the discharge of their duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 222 - Riding or Driving Animals on Railroad

Section 222. Whoever, without the consent of a railroad corporation, or its agent, rides, drives, or leads a horse, or other beast, on the railroad opened for use of such corporation, except in the proper use of a public or other way, or of a traveled place at a crossing of such railroad therewith upon the same level, shall forfeit not more than one hundred dollars and be liable for any damage resulting therefrom.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 224 - Liability for Allowing Animal on Railroad

Section 224. Whoever enters upon or crosses a railroad at a private way closed by gates or bars, and neglects to close them securely, shall forfeit not less than two nor more than ten dollars, and be liable for any damage resulting therefrom.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 225 - Malicious Injury to Railroad; Treble Damages

Section 225. Whoever maliciously injures a railroad, or anything pertaining thereto, or any materials or implements for the construction or use thereof, or aids or abets in such trespass, shall be punished by a fine of not more than five thousand dollars or by imprisonment in jail for not more than one year, or both, and shall for each offense forfeit to the use of the corporation treble the amount of damages which it has sustained thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 226 - Obstruction of Passing of Train

Section 226. Whoever wilfully obstructs, or aids or abets in obstructing, or wilfully does or causes to be done anything with the intent to obstruct, the passing of an engine or car upon a railroad, or wilfully endangers, or aids or abets in endangering, or wilfully does or causes to be done anything with the intent to endanger, the safety of persons conveyed in or upon the same, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than twenty years, or both, and shall for each offence forfeit to the use of the corporation treble the amount of damages which it has sustained thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 227 - Wilfully Stopping Train

Section 227. Whoever wilfully and maliciously stops a train on a railroad or causes it to be stopped for the purpose of entering, leaving or wantonly delaying the same shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one month.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 228 - Tampering With Tools or Appliances

Section 228. Whoever unlawfully uses, removes or tampers with any tools or appliances carried on the cars of a railroad corporation as required by section one hundred and sixty-three shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 229 - Defects in Highway; Liability of City or Town; Recovery From Railroad

Section 229. If, upon the trial of an action against a city or town, the plaintiff recovers damages for an injury to his person or property caused by reason of a defect in a highway, within the location of a railroad, and if the corporation owning the railroad is liable for such damages, and has had reasonable notice to defend the action, the city or town may recover from the corporation such damages and the costs of both plaintiff and defendant in the action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 231 - Gross Negligence of Person in Control of Train; Penalty

Section 231. Whoever, having the management or control of a railroad train while being used for the common carriage of persons, is guilty of gross negligence in or in relation to the management or control thereof, shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than three years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 232 - Neglect of Railroad to Give Signals at Crossing; Damages; Contributory, Gross or Wilful Negligence

Section 232. If a person is injured in his person or property by collision with the engines or cars or rail-borne motor cars of a railroad corporation at a crossing such as is described in section one hundred and thirty-eight, and it appears that the corporation neglected to give the signals required by said section or to give signals by such means or in such manner as may be prescribed by orders of the department, and that such neglect contributed to the injury, the corporation shall be liable for all damages caused by the collision, or, if the life of a person so injured is lost, to damages recoverable in tort, as provided in section two of chapter two hundred and twenty-nine, unless it is shown that, in addition to a mere want of ordinary care, the person injured or the person who had charge of his person or property was, at the time of the collision, guilty of gross or wilful negligence, or was acting in violation of the law, and that such gross or wilful negligence or unlawful act contributed to the injury.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 234 - Liability; Insurance of Railroad and Owner

Section 234. Every railroad corporation shall be liable in damages to a person whose buildings or other property may be injured by fire communicated by its locomotive engines, and shall have an insurable interest in the property upon its route for which it may be so held liable, and may procure insurance thereon in its own behalf. If held liable in damages, it shall be entitled to the benefit of any insurance effected upon such property by the owner thereof, less the cost of premium and expense of recovery. The money received as insurance shall be deducted from the damages, if recovered before they are assessed; and if not so recovered, the policy of insurance shall be assigned to the corporation held liable in damages, and it may maintain an action thereon.
For the purposes of this section, the words ''tourist railroad'' shall include any person, railroad, corporation or other entity engaged in ''tourist rail operations''. The words ''tourist rail operations'' shall include all services and activities by a tourist railroad in connection with the transportation of passengers for purposes of tourism or excursions, including, but not limited to, the operation of trains, trackage, and equipment, or the use or maintenance of railroad equipment, tracks, and any pertinent facilities, including equipment, tracks, or facilities of a rail facility provider. The words ''rail facility provider'' shall include any person, railroad, corporation, or other entity providing rail facilities for use by a tourist railroad for purposes of tourist rail operations.
Agreements between a tourist railroad and a rail facility provider for the conduct of tourist rail operations shall provide that the tourist railroad shall secure and maintain a comprehensive general liability insurance policy covering the liability of the tourist railroad and the rail facility providing for any and all property damage, personal injury, bodily injury, and death arising out of any cause whatsoever, regardless of degree of fault, in the performance of such tourist operations. Such insurance policy shall include coverage for employees subject to the provisions of the Federal Employers Liability Act, 45 USC Sec. 51 et seq. Such policy shall name the tourist railroad and the rail facility provider as named insureds shall have policy limits of not less than three million dollars per occurrence and three million dollars in the aggregate and may be subject to a reasonable self-insured retention. In no event shall the tourist railroad or the rail facility provider be liable in excess of the coverage limits of such insurance policy for any and all claims whether compensatory or punitive for property damage, personal injury, bodily injury, or death arising out of such tourist rail operations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 235 - Spark Arresters

Section 235. Every corporation operating a railroad shall install and maintain on locomotives in its service spark arresters or other suitable devices capable of preventing the discharge of sparks or other material which could start a fire. Said spark arresters or other suitable devices shall be subject to the approval and inspection of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 235a - Clearing of Inflammable Material Along Right of Way

Section 235A. Every railroad corporation shall, between April first and December first in each year, keep the full width of all its locations, to a point two hundred feet distant from the center line on each side thereof, clear of dead leaves, dead grass, dry brush or other inflammable material, and shall not at any time leave any deposit of fire, hot ashes or live coals upon its locations in the immediate vicinity of woodlands or grass lands, and shall post in stations and other conspicuous places within its location and right of way such notices and warning placards as are furnished to it for the purpose by the director of the division of forests and parks in the department of environmental management; provided, that this section shall not prohibit any railroad corporation from piling or keeping upon its location or right of way cross-ties or other material necessary for the maintenance and operation of its railroad.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 236 - Clearing of Adjoining Land; Notice of Intent to Enter

Section 236. Any railroad corporation may, upon giving notice as herein provided, enter upon unimproved land adjoining any location or right of way upon which it operates engines burning wood, coke or coal, and may there, at its own expense and subject to the direction of the forest warden, or the officer or board having his powers, in the city or town where the land lies, clear such land of dead leaves, dead grass and dead wood to a distance of one hundred feet from the tracks, without thereby becoming liable for trespass; provided, that no railroad corporation shall, under this section, do any acts on unimproved land outside its location or right of way, unless it has within two months given fourteen days' written notice by mail or otherwise to the occupant of the land, and to the owner thereof, if he resides or has a usual place of business in the city or town where it lies, and if the land is unoccupied and the owner does not reside or have a usual place of business in the city or town, then, unless the railroad corporation has within two months published notice of its purpose once in three successive weeks in a newspaper published in the county where the land lies, and unless it has within three days given at least twenty-four hours' notice to the forest warden, or the officer or board having his powers, in the city or town where the land lies of the location of the land which it intends to enter under this section, and of the time at which it intends to enter the same; and provided, further, that no notice hereby required shall be valid unless it sets forth the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 237 - Warning of Fire Given by Train Crew

Section 237. Any engineer, conductor or other employee on a train discovering a fire burning uncontrolled on lands adjacent to the tracks shall forthwith cause a fire signal to be sounded from the engine, which shall consist of one long and three short whistle blasts repeated several times, and shall notify the next sectionmen whom the train passes, and the next telegraph station, of the existence and location of the fire. This section shall not affect the authority conferred upon the department by section one hundred and thirty-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 238 - Extinguishing Fire

Section 238. Sectionmen or other employees of a railroad corporation receiving notice of the existence and location of a fire burning on land adjacent to the tracks shall forthwith proceed to the fire and shall use all reasonable efforts to extinguish it; provided, that they are not at the time employed in labors immediately necessary to the safety of tracks or to the safety and convenience of passengers and the public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 241 - Expense of Extinguishing Fire; Liability of Railroad

Section 241. Any railroad corporation which, by its servants or agents, negligently, or in violation of law, sets fire to grass lands or forest lands shall be liable to any city or town where such fire occurs, for the reasonable and lawful expense incurred by such city or town in the extinguishment of the fire.
Cities and towns may recover in contract in the superior court sums to which they are entitled under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 241a - Derailments; Removal of Wreckage and Debris

Section 241A. Every railroad corporation shall within thirty days after a derailment on any right-of-way or location upon which it operates its railroad remove all wreckage and debris caused by such derailment. Any violation of the provisions of this section shall be punished by a fine of fifty dollars and each day of such violation shall constitute a separate offense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 242 - Content; Inspection; Violations

Section 242. A railroad corporation shall at all times submit its books to the inspection of any committee of the general court authorized to inspect them. The directors of every railroad corporation shall annually within the time prescribed by section thirty-two of chapter one hundred and fifty-nine transmit to the department a return of the corporation for the year ending on December thirty-first preceding which shall be sworn to by the treasurer and the chief accounting officer of the corporation. Such return shall state whether any fatal accident or serious injury has occurred to a passenger or other person upon the railroad during the year, and, if so, the cause of such accident or injury and the circumstances under which it occurred; shall set forth copies of all contracts or leases made with other railroad corporations during the year, and specify the receipts and expenditures under the same; and shall include a detailed statement of all particulars relative to the railroad, its business, receipts and expenditures during the year, in the form to be prescribed by the department under said section thirty-two. The books of each corporation shall be so kept that returns may be made in exact conformity with the form so prescribed; and the accounts shall be closed on December thirty-first in each year, so that a balance sheet of that date can be taken therefrom and included in the return. Every railroad corporation, neglecting to make said annual return within the time prescribed as aforesaid, or to amend said return within fifteen days, when required by the department as provided in said section thirty-two, shall forfeit fifty dollars for each day during which such neglect continues; and if such corporation unreasonably refuses or neglects to make said return, it shall forfeit not more than five thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 243 - Quarterly Statement

Section 243. Every railroad corporation shall, within fifty days after the expiration of each quarter of the year, transmit to the department a quarterly statement of its business and financial condition, in such form and with such detail as the department requires, which shall at reasonable times be open to public inspection. A railroad corporation neglecting to comply with this section shall forfeit fifty dollars for each day during which such neglect continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 244 - Lessee to Make Lessor's Returns

Section 244. Every railroad corporation shall, during the continuance of any lease which it has taken of the railroad of another corporation, make all the returns required of the lessor; and during the continuance of such lease, the lessor shall not be required to make such returns, if, when requested by the lessee, the lessor furnishes all the information in its possession needed to make such returns; but if a railroad in this commonwealth is leased to a lessee in another state, the lessors in this commonwealth shall make the annual return.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 245 - Construction; Limitations

Section 245. A person or corporation may construct a railroad for private use in the transportation of freight; but shall not take or use lands or other property therefor without the consent of the owner thereof. No such railroad shall be connected with the railroad of another corporation without its consent; nor shall it be constructed across or upon a public way or traveled place without the consent of the board of aldermen or selectmen, or the department of highways in the case of a state highway, nor except in a place and manner approved by them. If the board of aldermen or selectmen, or the department of highways in the case of a state highway, consent, they shall from time to time make such regulations relative to motive power, rate of speed, and time and manner of using the railroad over and upon such way or traveled place, as in their judgment the public safety and convenience require, and they may order such changes to be made in the track as are rendered necessary by the alteration or repair of such way. The provisions of this chapter and chapter one hundred and fifty-nine relative to the crossing of ways and traveled places by railroad corporations shall apply to such railroad, and to the person constructing or operating the same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 246 - Supervisory Powers of Department

Section 246. If the consent of the department is required for the crossing of a way or traveled place by a railroad for private use, it may limit the number of tracks, and may impose other conditions relative to the use of the crossing by said railroad, and may modify such limitations and conditions. The department may, upon the complaint of any party interested, or upon its own motion, exercise supervisory powers over all railroads for private use with regard to the character and condition of the roadbed, tracks, crossings, rolling stock, machinery, equipment and appliances used in or in connection with the operation of such railroads, so far as is reasonable and expedient to promote the security of persons employed in the maintenance and operation of the same and of the public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 247 - Formation; Powers

Section 247. Fifteen or more persons, a majority of whom are inhabitants of this commonwealth, may associate themselves by a written agreement of association, with the intention of forming a corporation to construct and operate a railroad, or railroad and telegraph, in any foreign country, but in accordance with the laws of such country; and, upon complying with section two hundred and forty-nine, shall, with their associates and successors, be a corporation for the purpose aforesaid, with the powers necessary and incident thereto, and with such powers and privileges, and subject to such duties, liabilities and restrictions, as to the location, construction, maintenance and operation of its railroad, or railroad and telegraph, and the transfer of its property by mortgage, lease or otherwise, as may be fixed by such country.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 248 - Agreement of Association

Section 248. The agreement of association shall state:
(a) That the subscribers thereto associate themselves with the intention of forming a railroad corporation, or a railroad and telegraph corporation.
(b) The corporate name assumed.
(c) The termini of the railroad, or the railroad and the telegraph.
(d) The total amount of the capital stock of the corporation.
(e) 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 chartered.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 249 - Certificate of Compliance

Section 249. When it is shown to the satisfaction of the department that the requirements of the two preceding sections have been complied with, the clerk of the department, upon its order, shall annex to the agreement of association a certificate setting forth that fact. The directors shall thereupon file the agreement of association and certificate in the office of the state secretary, who, upon receipt of fifty dollars, 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 (or railroad and telegraph) (description of the railroad or railroad and telegraph 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 the general laws applicable to such corporations.
In witness whereof, I have hereunto subscribed my official signature, and affixed the great seal of said commonwealth, this day of <\/centw>, 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 250 - Change in Amount of Capital Stock

Section 250. The corporation may from time to time, at a meeting of directors called therefor, reduce the amount of the capital stock, or increase it for the purpose of constructing and equipping its railroad and extensions or branches thereof. If such increase or reduction is made, a certificate of the fact, signed by the president of the corporation, shall, within thirty days thereafter, be filed in the office of the state secretary. Such corporation may, by vote at a meeting of its directors, purchase, acquire or lease the property, stocks, bonds or securities of any railroad corporation whose line is located in the foreign country named in the original agreement of association of such corporation or any amendment thereof made as hereinafter provided, or of any steamship company associated in transportation or business with such corporation, upon such terms and for such consideration as shall be determined by such vote, and in like manner may appoint an executive committee from the members of its board, and delegate to such committee such power and authority as by such vote shall be provided, and in like manner may divide the directors into classes as nearly equal as possible for the prescribed number of classes, and prescribe the tenure of office of the several classes, but no class shall be elected for a shorter period than one year or for a longer period than five years, and the term of office of at least one class shall expire at the next annual meeting and thereafter at the end of each year, and at each annual meeting after such division directors shall be elected only to fill the place of those whose terms of office shall then expire as so provided and shall hold office for the period so prescribed, and all directors shall hold office until their successors are chosen and qualified; and such corporation may, by vote at an annual or a special meeting of its stockholders, called therefor, amend its agreement of association to provide for constructing and operating a railroad in any other foreign countries in accordance with the laws of such countries, and shall file such amendment in the office of the state secretary and pay him fifty dollars, and thereupon such corporation shall have the same powers and privileges, and be subject to the same duties, liabilities and restrictions, in all respects, as if its agreement of association had originally contained such amendment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 160 - Railroads › Section 252 - Enforcement

Section 252. The supreme judicial court shall have jurisdiction in equity on petition of the attorney general, of the railroad corporation, of any public body or of any other party interested to compel the observance of and to restrain the violation of all laws which govern railroad corporations and of all orders, rules and regulations made in accordance with the provisions of this chapter by any public body or by the department and to review, annul, modify or amend the rulings of any state department relative to such corporations as law and justice may require. The superior court shall have such jurisdiction concurrent with the supreme judicial court to enforce the provisions of sections forty-eight, one hundred and ninety-three and two hundred and six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 1 - Definitions

Section 1. In this chapter, unless the context otherwise requires, the following words 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 in this chapter shall affect the veto power of a mayor of a city.
''Company'', a street railway company.
''Department'', department of public utilities.
''Extension'', any railway constructed by a street railway company in a city or town in addition to that authorized by its original location therein.
''Location'', as applied to a street railway, the grant to a street railway company of the right to construct, maintain and operate a street railway in a public way or place.
''Original'', as applied to a street railway location in a city or town, the first location granted to the company in such city or town.
''Public way'', any way laid out by public authority.
''Street railway'' or ''railway'', a railway, including poles, wires or other appliances and equipment connected therewith, of the class operated by motive power other than steam, and usually constructed upon public ways and places.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 2 - Application

Section 2. Street railway companies shall be subject to this chapter and chapter one hundred and fifty-nine. Companies which have been specially chartered shall continue to exercise and enjoy the powers and privileges granted and be subject to all the liabilities imposed by their respective charters, except as modified and controlled by amendments thereof, or by this chapter or chapter one hundred and fifty-nine. All street railway companies whether organized under general or special laws shall be subject to any other general laws applicable thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 4 - Contents of Agreement of Association; Duties of Associates

Section 4. The agreement of association shall state:
(a) That the subscribers thereto associate themselves with the intention of forming a street railway company.
(b) The corporate name assumed, which shall be one not in use by any other such company 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, ''street railway company,'' at the end thereof.
(c) The termini of the railway.
(d) The length of the railway, as nearly as may be.
(e) The name of each county, city and town where the railway is to be located.
(f) The gauge of the railway, which shall be four feet eight and one half inches.
(g) The total amount of the capital stock of the company, which shall be not less than ten thousand dollars for each mile, unless the railway is to be wholly outside of a city, in which case said stock shall be not less than five thousand dollars for each mile.
(h) The par value of the shares, which may be one hundred dollars, fifty dollars or twenty-five dollars as the department shall authorize.
(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 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 company is incorporated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 5 - Clerk and Treasurer of Association; Term; Vacancies

Section 5. The directors shall appoint a clerk and a treasurer who shall hold their respective offices until a clerk and a treasurer of the company are 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 company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 161 - Street Railways › Section 6 - Publication of Agreement of Association

Section 6. The directors, before applying for locations for a railway, shall cause a copy of the agreement of association to be published in a newspaper, if any, published in each of the cities and towns where the railway 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 the sworn certificate of the clerk shall be conclusive evidence of such publication.