General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE XXII. CORPORATIONS |
CHAPTER 161. STREET RAILWAYS |
SECTION 1. Definitions |
SECTION 2. Application |
SECTION 3. Persons forming company |
SECTION 4. Contents of agreement of association; duties of associates |
SECTION 5. Clerk and treasurer of association; term; vacancies |
SECTION 6. Publication of agreement of association |
SECTION 7. Location |
SECTION 8. Certification of facts relating to formation; presentation to department |
SECTION 9. Certificate of incorporation |
SECTION 10. First meeting of incorporators; notice; waiver of notice |
SECTION 11. Adoption of by-laws; election of directors |
SECTION 12. Management of business |
SECTION 13. Election of officers; term; qualifications; treasurer's bond; appointment of other officers |
SECTION 14. Stockholders' meetings |
SECTION 15. Special meetings |
SECTION 16. Voting by corporation of own shares |
SECTION 17. Voting by shareholders; proxies |
SECTION 18. Directors' meetings |
SECTION 19. Stock certificates |
SECTION 20. Issuance of certificate |
SECTION 20A. Change of par value of capital stock |
SECTION 21. Assessments; default of shareholder |
SECTION 22. Collection of assessments |
SECTION 23. Subscription for stock; payment for stock; conditions to building railway |
SECTION 24. Liability prior to payment for capital stock |
SECTION 25. Purposes authorizing increase in capital stock or bond issue; action of department |
SECTION 26. Supplying working capital; stock increase or bond issue |
SECTION 27. Reduction of capital stock; approval of department; liability of directors |
SECTION 28. Issue of stock and bonds; authorization; certificate of department; filing |
SECTION 29. Limit of issue of bonds, coupon notes and other evidences of indebtedness |
SECTION 30. Enforcement of provisions relating to issue of stocks and bonds |
SECTION 31. Penalty for improper issue of stocks and bonds |
SECTION 32. Preferred stock |
SECTION 33. Exchange of common for preferred; limitations |
SECTION 34. Designation of each class of preferred; record of proceeding creating class; content of certificate |
SECTION 35. Preferred stock; voting powers; issue, etc. |
SECTION 36. Prohibition |
SECTION 37. Effect of issue; liability of directors |
SECTION 38. Time to begin operation; extension |
SECTION 39. Extension of railway into other cities and towns |
SECTION 40. Connecting locations |
SECTION 41. Real and personal estate; stock or bonds of other street railways |
SECTION 42. Recreation and pleasure resorts; sale of alcoholic beverages |
SECTION 43. Motive power |
SECTION 44. Use of motor vehicles not running on rails |
SECTION 45. Manufacture, use and transmission of electricity |
SECTION 46. Use of tracks by another railway |
SECTION 47. Interchange of traffic and cars between companies |
SECTION 48. Use of railroad tracks |
SECTION 49. Street sprinkling cars upon railway tracks |
SECTION 50. Municipal street maintenance cars upon railway tracks |
SECTION 51. Coal and other supplies |
SECTION 52. Carriers of mail |
SECTION 53. Common carriers of newspapers, baggage, express matter and freight |
SECTION 54. Operation outside limits of public way or bridge |
SECTION 55. Authorization to operate on private land |
SECTION 56. Certification permitting operation on private land; regulation of operation and construction |
SECTION 57. Laws applicable to railways located on private land |
SECTION 58. Eminent domain |
SECTION 59. Eminent domain; application of other sections |
SECTION 60. Eminent domain; crossing of public way |
SECTION 61. Eminent domain; construction of Secs. 58 to 60 |
SECTION 62. Limitations |
SECTION 63. Sale or consolidation with intersecting or continuing line |
SECTION 64. Financing sale or consolidation |
SECTION 65. Powers and duties of combined companies |
SECTION 66. Use of facilities of one railway by another |
SECTION 67. Powers of railway contracting for operation of railway or taking lease of railway |
SECTION 68. Sale of portion of railway; payment of dividends from money received |
SECTION 69. Purchase of connecting or intersecting line of company organized in another state |
SECTION 69A. Merger of association or trust owning capital of company into company |
SECTION 70. Extension of location; proceedings |
SECTION 71. Alteration of location; proceedings |
SECTION 72. Authorization to grant in public way or upon private land |
SECTION 73. Authorization to grant while bridge closed |
SECTION 74. Application to department |
SECTION 75. Termination of location |
SECTION 76. Cost of temporary tracks constructed due to alteration of grade crossing |
SECTION 77. Proceedings |
SECTION 78. Expense of widening; way not presently containing track |
SECTION 79. Expense of altering or changing grade; way containing track |
SECTION 80. Method as assessing |
SECTION 81. Application to have way designated as highway; determination; payment for damages |
SECTION 82. Power of department of highways |
SECTION 83. Certificate of compliance |
SECTION 84. Rate of speed; use of tracks; number and routes of cars |
SECTION 85. Clearance of snow from tracks; regulations of department of highways |
SECTION 86. Voluntary discontinuance of use of tracks; removal of track |
SECTION 87. Temporary discontinuance of use of tracks |
SECTION 88. Liability of municipality for alteration or discontinuance of public way |
SECTION 89. Opening way or bridge to make repairs; liability for loss or injury |
SECTION 90. Liability of municipality; recovery from railway |
SECTION 91. Guards and railings on bridges |
SECTION 91A. Repealed, 1980, 581, Sec. 1 |
SECTION 92. Stopping at railroad crossings |
SECTION 93. Warning of approach of street car |
SECTION 94. Obstruction of tracks |
SECTION 94A. Littering public transportation facilities; penalty |
SECTION 95. Loitering |
SECTION 96. Obstruction of ways and bridges by railway; penalty |
SECTION 97. Children selling newspapers on railway cars; penalty |
SECTION 98. Safety devices for cars and station platforms |
SECTION 99. Emergency tools and lifting jack |
SECTION 100. Heating railway cars |
SECTION 101. Enclosure of platforms during winter months |
SECTION 102. Failure to enclose platforms during winter months; penalty |
SECTION 103. Hours of employment per day; penalty |
SECTION 104. Reasonable accommodations for passengers |
SECTION 105. Additional passenger accommodations |
SECTION 106. Assumption of risk |
SECTION 107. Special service railway cars and rates; working men's rates; children's rates; veterans' rates; free passes to public officials |
SECTION 108. Railway fares; students' rates |
SECTION 109. Regulation of fares; railroads and street railways |
SECTION 110. Free checks or transfers from one railway car to another; regulation |
SECTION 111. Notice of change of service |
SECTION 112. Notice of change of tariff or rates to municipalities |
SECTION 113. Misuse of transfer ticket; penalty |
SECTION 113A. Fraudulent use of passes; Massachusetts Bay Transportation Authority stations or vehicles; penalty |
SECTION 114. Transportation of milk and cream |
SECTION 115. Railway service provided at cost; acceptance of Secs. 115 to 128 |
SECTION 116. Cost of service; definitions |
SECTION 117. Reserve fund |
SECTION 118. Service at cost; application to determine status of unfunded debt |
SECTION 119. Use of reserve fund |
SECTION 120. Schedules of grades of railway fare and transfer privileges; public hearing; approval or modification |
SECTION 121. Change in grades of railway fare |
SECTION 122. Improvement fund |
SECTION 123. Sale of railway property and franchise to state or municipality |
SECTION 124. Directors appointed by governor; qualifications; powers and privileges |
SECTION 125. Monthly condition statements; supervision and investigation by department |
SECTION 126. Acceptance of Secs. 115 to 128; commencement of operations |
SECTION 127. Disposal of property no longer of service |
SECTION 128. Return on stock investment; state directors of railway company; petition for reversal of orders of department |
SECTION 129. Avoiding or abolishing grade crossings; eminent domain |
SECTION 130. Construction of overpasses and underpasses |
SECTION 131. Structures or alterations within public way or state highway |
SECTION 132. Change of railway company's name; authorization |
SECTION 133. Filing of certificate of name change |
SECTION 134. Rights and liabilities of railway company under new name |
SECTION 135. Authorization of sale by receiver of railway property; powers and duties of purchaser |
SECTION 136. Content of agreement of association of purchasers; execution of agreement |
SECTION 137. Certificate of incorporation; organization of railway company |
SECTION 138. Annual return transmitted to department by street railway company directors |
SECTION 139. Tables and abstracts prepared by department |
SECTION 140. Street railway lessee's annual return |
SECTION 141. Retention of records by state departments and commissions |
SECTION 142. Equity jurisdiction |
SECTION 143. Establishment of area |
SECTION 144. Preliminary agreements |
SECTION 145. Acceptance of preliminary agreements |
SECTION 146. Management of transportation area; appointment and compensation of trustees |
SECTION 147. Powers of trustees; status of employees of acquired private companies |
SECTION 148. Officers of board of trustees; election; treasurer's bond; voting; quorum; annual report |
SECTION 149. Taking of railway by eminent domain |
SECTION 150. Discharge of liabilities and obligations; basis of contribution by municipalities within area |
SECTION 151. Finances of transportation areas |
SECTION 152. Municipal borrowing; limitations |
SECTION 152A. Contract between commonwealth and trustees for reimbursement for deficit from operation of transportation area |
SECTION 153. Extension of lines by transportation area; purchase of equipment; consent of department |
SECTION 154. Exclusion of municipality from transportation area |
SECTION 155. Leases of street railway property; amount of rental; term; renewals; termination |
SECTION 156. Establishment of fare zones and rates of fare |
SECTION 157. Care of leased railway property |
SECTION 158. Taxation |
SECTION 159. Massachusetts Bay Transportation Authority; application of Secs. 143 to 158 |
SECTION 160. Transportation areas; application of Secs. 143 to 158 |
SECTION 161. Avoiding reduction or discontinuance of railway service; contributions of municipalities |