General Laws of Massachusetts - Chapter 161 Street Railways

• Massachusetts General Laws - Definitions - Chapter 161, 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...
• Massachusetts General Laws - Application - Chapter 161, 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...
• Massachusetts General Laws - Persons forming company - Chapter 161, Section 3
  Fifteen or more persons may associate themselves by a written agreement of association with the intention of forming a company.
• Massachusetts General Laws - Contents of agreement of association; duties of associates - Chapter 161, 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...
• Massachusetts General Laws - Clerk and treasurer of association; term; vacancies - Chapter 161, 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...
• Massachusetts General Laws - Publication of agreement of association - Chapter 161, 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...
• Massachusetts General Laws - Location - Chapter 161, Section 7
  The board of aldermen of a city or the selectmen of a town, upon petition executed in accordance with the by-laws or a vote of...
• Massachusetts General Laws - Certification of facts relating to formation; presentation to department - Chapter 161, Section 8
  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...
• Massachusetts General Laws - Certificate of incorporation - Chapter 161, Section 9
  When it is shown to the satisfaction of the department that the requirements of this chapter preliminary to the incorporation of a company have been...
• Massachusetts General Laws - First meeting of incorporators; notice; waiver of notice - Chapter 161, Section 10
  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...
• Massachusetts General Laws - Adoption of by-laws; election of directors - Chapter 161, Section 11
  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...
• Massachusetts General Laws - Management of business - Chapter 161, Section 12
  The business of every company shall be managed and conducted by a president, a board of not less than five directors, a clerk, a treasurer...
• Massachusetts General Laws - Election of officers; term; qualifications; treasurer’s bond; appointment of other officers - Chapter 161, Section 13
  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,...
• Massachusetts General Laws - Stockholders’ meetings - Chapter 161, Section 14
  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...
• Massachusetts General Laws - Special meetings - Chapter 161, Section 15
  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...
• Massachusetts General Laws - Voting by corporation of own shares - Chapter 161, Section 16
  A company shall not directly or indirectly vote upon any share of its own stock.
• Massachusetts General Laws - Voting by shareholders; proxies - Chapter 161, Section 17
  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....
• Massachusetts General Laws - Directors’ meetings - Chapter 161, Section 18
  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...
• Massachusetts General Laws - Stock certificates - Chapter 161, Section 19
  Each stockholder shall be entitled to a certificate which shall be signed by the president and by the treasurer of the company, or by such...
• Massachusetts General Laws - Issuance of certificate - Chapter 161, Section 20
  Certificates of stock shall not be issued by a company until the par value thereof shall have been paid in cash.
• Massachusetts General Laws - Change of par value of capital stock - Chapter 161, Section 20A
  Every corporation subject to this chapter may, at a meeting duly called for the purpose, by the vote of a majority of all of its...
• Massachusetts General Laws - Assessments; default of shareholder - Chapter 161, Section 21
  The directors may assess upon all the shares subscribed, but not paid in, such amounts, not in excess of their par value, as they think...
• Massachusetts General Laws - Collection of assessments - Chapter 161, Section 22
  If a subscriber fails to pay his assessment for thirty days, as provided in the preceding section, the directors may elect to proceed by an...
• Massachusetts General Laws - Subscription for stock; payment for stock; conditions to building railway - Chapter 161, Section 23
  A company shall not begin to build its railway until it shall have filed in the office of the state secretary a certificate, signed and...
• Massachusetts General Laws - Liability prior to payment for capital stock - Chapter 161, Section 24
  The directors of a company shall be jointly and severally liable, to the extent of its capital stock, for all its debts and contracts, until...
• Massachusetts General Laws - Purposes authorizing increase in capital stock or bond issue; action of department - Chapter 161, Section 25
  A company, for the purpose of building an extension, or acquiring land for pleasure resorts, or acquiring or building power houses or car houses or...
• Massachusetts General Laws - Supplying working capital; stock increase or bond issue - Chapter 161, Section 26
  In addition to the purposes for which a company may increase its capital stock or issue bonds, as provided in the preceding section, a company...
• Massachusetts General Laws - Reduction of capital stock; approval of department; liability of directors - Chapter 161, Section 27
  On petition of a company for authority to reduce its capital stock, presented in accordance with a vote of the stockholders at a meeting called...
• Massachusetts General Laws - Issue of stock and bonds; authorization; certificate of department; filing - Chapter 161, Section 28
  A company shall issue only such amounts of stock and bonds, coupon notes and other evidences of indebtedness payable at periods of more than one...
• Massachusetts General Laws - Limit of issue of bonds, coupon notes and other evidences of indebtedness - Chapter 161, Section 29
  A company, unless expressly authorized by its charter or by special law, shall not issue bonds, coupon notes or other evidences of indebtedness payable at...
• Massachusetts General Laws - Enforcement of provisions relating to issue of stocks and bonds - Chapter 161, Section 30
  The supreme judicial or superior court shall have jurisdiction in equity, upon the application of the department, the attorney general, any stockholder, or any interested...
• Massachusetts General Laws - Penalty for improper issue of stocks and bonds - Chapter 161, Section 31
  A director, treasurer or other officer or agent of a company who knowingly votes to authorize the issue of, or knowingly signs, certifies or issues,...
• Massachusetts General Laws - Preferred stock - Chapter 161, Section 32
  A company organized under the laws of the commonwealth may, by vote of two thirds in interest of its common stockholders at a meeting duly...
• Massachusetts General Laws - Exchange of common for preferred; limitations - Chapter 161, Section 33
  Any such company may, upon such terms and in such manner as shall be determined by vote of two thirds in amount of its outstanding...
• Massachusetts General Laws - Designation of each class of preferred; record of proceeding creating class; content of certificate - Chapter 161, Section 34
  Each class of preferred stock issued under sections thirty-two to thirty-five, inclusive, shall be designated by a name approved by the department to distinguish it...
• Massachusetts General Laws - Preferred stock; voting powers; issue, etc. - Chapter 161, Section 35
  Preferred stock issued under sections thirty-two to thirty-five, inclusive, shall have the same voting power as the common stock, except that, in any case, there...
• Massachusetts General Laws - Prohibition - Chapter 161, Section 36
  A company shall not declare any stock or scrip dividend or divide the proceeds of the sale of stock or scrip among its stockholders.
• Massachusetts General Laws - Effect of issue; liability of directors - Chapter 161, Section 37
  A certificate of stock or scrip issued in violation of the preceding section shall be void; and each director of the company issuing it shall...
• Massachusetts General Laws - Time to begin operation; extension - Chapter 161, Section 38
  A company, incorporated under the laws of the commonwealth, may, subject to this chapter and chapter one hundred and fifty-nine, construct, maintain and operate a...
• Massachusetts General Laws - Extension of railway into other cities and towns - Chapter 161, Section 39
  A company, which, by its charter or certificate of incorporation, or by special act, is authorized to construct, maintain and operate a street railway in...
• Massachusetts General Laws - Connecting locations - Chapter 161, Section 40
  A company whose petition for a location, necessary, in the judgment of the department, to furnish proper transportation facilities between two cities, or two towns,...
• Massachusetts General Laws - Real and personal estate; stock or bonds of other street railways - Chapter 161, Section 41
  A company may purchase and hold real and personal estate necessary or convenient for the operation of its railway; but it shall not, except as...
• Massachusetts General Laws - Recreation and pleasure resorts; sale of alcoholic beverages - Chapter 161, Section 42
  A company may, except in Boston, acquire, hold, maintain and equip land for purposes of recreation and for pleasure resorts, provided that the department shall...
• Massachusetts General Laws - Motive power - Chapter 161, Section 43
  A company may use electricity, or such other motive power, other than steam, as the department may permit.
• Massachusetts General Laws - Use of motor vehicles not running on rails - Chapter 161, Section 44
  Any company, with the approval of the department, may acquire, own and operate, for the transportation of passengers or freight, motor vehicles not running upon...
• Massachusetts General Laws - Manufacture, use and transmission of electricity - Chapter 161, Section 45
  A company may, for all purposes necessary or reasonably incident to the construction, maintenance or operation of its railway, generate, manufacture, use and transmit electricity...
• Massachusetts General Laws - Use of tracks by another railway - Chapter 161, Section 46
  A company may permit another street railway company to operate cars over its tracks to such extent and under such rules and regulations as the...
• Massachusetts General Laws - Interchange of traffic and cars between companies - Chapter 161, Section 47
  The department may, on petition of a company or of any interested party, after notice and a public hearing, determine the reasonable conditions which shall...
• Massachusetts General Laws - Use of railroad tracks - Chapter 161, Section 48
  A company, with the consent of a railroad corporation owning tracks, may, to such extent and subject to such terms and regulations as the department...
• Massachusetts General Laws - Street sprinkling cars upon railway tracks - Chapter 161, Section 49
  A company may allow street sprinkling cars or similar apparatus to be used upon its tracks, may furnish the motive power and use of tracks...
• Massachusetts General Laws - Municipal street maintenance cars upon railway tracks - Chapter 161, Section 50
  A company may, with the consent of the board of aldermen or the selectmen, convey in cars over its tracks snow, ice, stones, gravel, dirt,...
• Massachusetts General Laws - Coal and other supplies - Chapter 161, Section 51
  A company may convey in cars over its tracks coal and other supplies for its own use.
• Massachusetts General Laws - Carriers of mail - Chapter 161, Section 52
  A company may carry the United States mail.
• Massachusetts General Laws - Common carriers of newspapers, baggage, express matter and freight - Chapter 161, Section 53
  A company, on petition of any interested party, may become a common carrier of newspapers, baggage, express matter and freight, upon such parts of its...
• Massachusetts General Laws - Operation outside limits of public way or bridge - Chapter 161, Section 54
  Except as provided in this chapter or chapter one hundred and fifty-nine or one hundred and sixty, and except for the purpose of reaching its...
• Massachusetts General Laws - Authorization to operate on private land - Chapter 161, Section 55
  A company, organized, or in process of organization, under the laws of the commonwealth, having first obtained the approval of the board of aldermen of...
• Massachusetts General Laws - Certification permitting operation on private land; regulation of operation and construction - Chapter 161, Section 56
  A street railway constructed upon private land shall not be opened for public use until the department, after examination, certifies that all laws relative to...
• Massachusetts General Laws - Laws applicable to railways located on private land - Chapter 161, Section 57
  A company, whose railway is constructed in part outside the limits of public ways, shall, in respect of the equipment, use and operation of its...
• Massachusetts General Laws - Eminent domain - Chapter 161, Section 58
  A domestic company may apply to the board of aldermen of a city or to the selectmen of a town where it desires to take...
• Massachusetts General Laws - Eminent domain; application of other sections - Chapter 161, Section 59
  A company acting under authority of the preceding section shall be subject to sections seventy-five, seventy-six, eighty, eighty-one, eighty-six, ninety to ninety-three, inclusive, ninety-six and...
• Massachusetts General Laws - Eminent domain; crossing of public way - Chapter 161, Section 60
  A company authorized to construct its railway at grade across a public way in any place where such crossing is not a part of the...
• Massachusetts General Laws - Eminent domain; construction of Secs. 58 to 60 - Chapter 161, Section 61
  The three preceding sections shall not enlarge the extent or purposes for which a street railway may be constructed or operated outside the limits of...
• Massachusetts General Laws - Limitations - Chapter 161, Section 62
  A company shall not lease or contract for the operation of its railway for a period of more than ninety-nine years without the consent of...
• Massachusetts General Laws - Sale or consolidation with intersecting or continuing line - Chapter 161, Section 63
  A domestic company may sell and convey the whole or a part of its franchise and property to, or may consolidate with, any other such...
• Massachusetts General Laws - Financing sale or consolidation - Chapter 161, Section 64
  The purchasing or consolidated company may, subject to section twenty-eight, increase its capital stock and issue bonds to an amount necessary for the purposes authorized...
• Massachusetts General Laws - Powers and duties of combined companies - Chapter 161, Section 65
  Such purchasing or consolidated company shall have the powers and privileges, and be subject to the duties, liabilities and restrictions, of the company selling or...
• Massachusetts General Laws - Use of facilities of one railway by another - Chapter 161, Section 66
  Two domestic companies, whose railways connect with or intersect each other or together form a continuous line, may contract that either company shall perform all...
• Massachusetts General Laws - Powers of railway contracting for operation of railway or taking lease of railway - Chapter 161, Section 67
  A company which contracts for the operation, or takes a lease, of another railway shall, subject to the terms of such contract or lease, have...
• Massachusetts General Laws - Sale of portion of railway; payment of dividends from money received - Chapter 161, Section 68
  A company shall not appropriate for the payment of dividends any money received from the sale of any portion of its railway, unless it first...
• Massachusetts General Laws - Purchase of connecting or intersecting line of company organized in another state - Chapter 161, Section 69
  A domestic company may purchase from a street railway company incorporated under the laws of another state so much of the railway, franchise and property...
• Massachusetts General Laws - Merger of association or trust owning capital of company into company - Chapter 161, Section 69A
  An association or trust which owns all of the capital stock of a company may be merged into such company. Such company and such association...
• Massachusetts General Laws - Extension of location; proceedings - Chapter 161, Section 70
  The board of aldermen of a city or the selectmen of a town, on petition of fifty legal voters, or on petition executed in accordance...
• Massachusetts General Laws - Alteration of location; proceedings - Chapter 161, Section 71
  The board of aldermen of a city or the selectmen of a town, on petition executed in accordance with the by-laws or a vote of...
• Massachusetts General Laws - Authorization to grant in public way or upon private land - Chapter 161, Section 72
  The several boards, departments and commissions authorized by law to grant locations to companies may, to enable any such company to avoid interruption of its...
• Massachusetts General Laws - Authorization to grant while bridge closed - Chapter 161, Section 73
  If a bridge upon which a company is authorized to lay and use tracks is being or is to be altered, rebuilt, improved or repaired,...
• Massachusetts General Laws - Application to department - Chapter 161, Section 74
  A company whose petition for such temporary location has been refused in whole or in part, or has been neither granted nor refused, within fourteen...
• Massachusetts General Laws - Termination of location - Chapter 161, Section 75
  A company which is granted such temporary location for the extension of its tracks shall not maintain them nor operate cars over them beyond the...
• Massachusetts General Laws - Cost of temporary tracks constructed due to alteration of grade crossing - Chapter 161, Section 76
  If such bridge is altered, rebuilt, improved or repaired under sections fifty-nine to sixty-four, inclusive, of chapter one hundred and fifty-nine, the cost of construction...
• Massachusetts General Laws - Proceedings - Chapter 161, Section 77
  The board of aldermen or selectmen, after the expiration of one year from the opening for use of a street railway in their city or...
• Massachusetts General Laws - Expense of widening; way not presently containing track - Chapter 161, Section 78
  If application is made for a location in a public way where no street railway tracks are located, and such way is widened under chapter...
• Massachusetts General Laws - Expense of altering or changing grade; way containing track - Chapter 161, Section 79
  If a public way where the tracks of a company have been located for a period of five years is altered, or if the grade...
• Massachusetts General Laws - Method as assessing - Chapter 161, Section 80
  The provisions of chapter eighty relative to the assessment of betterments on real estate, so far as applicable, shall apply to assessments made under the...
• Massachusetts General Laws - Application to have way designated as highway; determination; payment for damages - Chapter 161, Section 81
  If the board of aldermen of a city or the selectmen of a town and a company having a location in a way which said...
• Massachusetts General Laws - Power of department of highways - Chapter 161, Section 82
  If a public way in which a street railway location has been granted shall be thereafter laid out, taken charge of or constructed by or...
• Massachusetts General Laws - Certificate of compliance - Chapter 161, Section 83
  No street railway or portion or extension thereof shall be opened for public use until the department, after an examination, certifies that all laws relative...
• Massachusetts General Laws - Rate of speed; use of tracks; number and routes of cars - Chapter 161, Section 84
  The board of aldermen or the selectmen may, subject to the approval, revision or alteration of the department, establish such regulations as to the rate...
• Massachusetts General Laws - Clearance of snow from tracks; regulations of department of highways - Chapter 161, Section 85
  The department of highways, in respect to state highways, and the superintendent of streets of cities or officers exercising like authority therein and the selectmen...
• Massachusetts General Laws - Voluntary discontinuance of use of tracks; removal of track - Chapter 161, Section 86
  If a company voluntarily discontinues the use of any part of its tracks for a period of six months, it shall become obligated to remove...
• Massachusetts General Laws - Temporary discontinuance of use of tracks - Chapter 161, Section 87
  The aldermen or selectmen may order a company to discontinue temporarily the use of any tracks within the limits of their city or town, if...
• Massachusetts General Laws - Liability of municipality for alteration or discontinuance of public way - Chapter 161, Section 88
  A city or a town which, for any lawful purpose, takes up, alters or discontinues public ways in which the tracks of a company are...
• Massachusetts General Laws - Opening way or bridge to make repairs; liability for loss or injury - Chapter 161, Section 89
  A company shall not be required to keep any portion of the surface material of public ways and bridges in repair, but it shall remain...
• Massachusetts General Laws - Liability of municipality; recovery from railway - Chapter 161, Section 90
  If, upon the trial of an action against the commonwealth, a city, town, railroad corporation or bridge corporation, the plaintiff recovers damages for an injury...
• Massachusetts General Laws - Guards and railings on bridges - Chapter 161, Section 91
  Every company shall, in a manner satisfactory to the department, erect and maintain guards or railings upon every bridge, or draw of a bridge, crossed...
• Massachusetts General Laws - Repealed, 1980, 581, Sec. 1 - Chapter 161, Section 91A
  Repealed, 1980, 581, Sec.
• Massachusetts General Laws - Stopping at railroad crossings - Chapter 161, Section 92
  If a street railway crosses at the same level a steam railroad where locomotive engines are in daily use, every motorman of a car upon...
• Massachusetts General Laws - Warning of approach of street car - Chapter 161, Section 93
  The board of aldermen or the selectmen may, subject to the approval of the department, establish such regulations, requiring the motorman or conductor to give...
• Massachusetts General Laws - Obstruction of tracks - Chapter 161, Section 94
  Whoever wilfully obstructs a company or the Massachusetts Bay Transportation Authority in the legal use of a railway track, or delays the passing of its...
• Massachusetts General Laws - Littering public transportation facilities; penalty - Chapter 161, Section 94A
  Whoever places or throws filth, rubbish or any other substance within a station, waiting room, or terminal of a public transportation facility, or upon the...
• Massachusetts General Laws - Loitering - Chapter 161, Section 95
  Whoever without right enters, remains in or loiters within a station, waiting room, or terminal of a public transportation facility, or upon the platform, stairs,...
• Massachusetts General Laws - Obstruction of ways and bridges by railway; penalty - Chapter 161, Section 96
  If a company, its agents or servants, wilfully or negligently obstructs a public way or bridge, or hinders the passing of vehicles over the same,...
• Massachusetts General Laws - Children selling newspapers on railway cars; penalty - Chapter 161, Section 97
  If a company, its agent or servant, allows a child under ten years to enter upon or into any of its cars for the purpose...
• Massachusetts General Laws - Safety devices for cars and station platforms - Chapter 161, Section 98
  A company shall equip its cars, when in use, with such headlights, fenders, wheel guards, brakes, and other safety devices, and shall provide such protection,...
• Massachusetts General Laws - Emergency tools and lifting jack - Chapter 161, Section 99
  All street railway cars operated in the commonwealth shall be equipped with an emergency lifting jack and with such other emergency tools as may be...
• Massachusetts General Laws - Heating railway cars - Chapter 161, Section 100
  The department shall require every street railway company to heat its cars, when in use for the transportation of passengers, at such times, by such...
• Massachusetts General Laws - Enclosure of platforms during winter months - Chapter 161, Section 101
  Every street car in use for the transportation of passengers in December, January, February and March, which, while in motion, requires the constant care or...
• Massachusetts General Laws - Failure to enclose platforms during winter months; penalty - Chapter 161, Section 102
  A company failing to comply with the preceding section shall be punished by a fine of not more than one hundred dollars for each day...
• Massachusetts General Laws - Hours of employment per day; penalty - Chapter 161, Section 103
  A day’s work for all conductors, guards, drivers, motormen, brakemen, dispatchers and gatemen employed by or on behalf of a street railway or elevated railway...
• Massachusetts General Laws - Reasonable accommodations for passengers - Chapter 161, Section 104
  Every company shall furnish reasonable accommodations for the conveyance of passengers, and for every wilful neglect to provide such accommodations shall forfeit not less than...
• Massachusetts General Laws - Additional passenger accommodations - Chapter 161, Section 105
  If the department deems additional accommodations including waiting rooms, stations, water closets and other sanitary conveniences for the traveling public are required upon any street...
• Massachusetts General Laws - Assumption of risk - Chapter 161, Section 106
  No company shall by rule or otherwise require passengers whom it permits to ride upon the platform to do so at their own risk, and...
• Massachusetts General Laws - Special service railway cars and rates; working men’s rates; children’s rates; veterans’ rates; free passes to public officials - Chapter 161, Section 107
  A company may provide cars for special service, and may make special rates therefor; and may make special rates for working men and working women...
• Massachusetts General Laws - Railway fares; students’ rates - Chapter 161, Section 108
  The rates of fare charged by street or elevated railway companies for the transportation of pupils of the public day schools or public evening schools,...
• Massachusetts General Laws - Regulation of fares; railroads and street railways - Chapter 161, Section 109
  All laws relative to changes and regulation of fares upon railroads shall apply to changes and regulation of fares upon street railways.
• Massachusetts General Laws - Free checks or transfers from one railway car to another; regulation - Chapter 161, Section 110
  A company shall not withdraw or discontinue the use of any free checks or free transfers from one car or line of cars to another...
• Massachusetts General Laws - Notice of change of service - Chapter 161, Section 111
  All companies shall furnish the public with full information, by notice posted for seven consecutive days prior to the date when the same are to...
• Massachusetts General Laws - Notice of change of tariff or rates to municipalities - Chapter 161, Section 112
  The department shall forthwith, upon the filing of a petition or schedule for any change in the tariff or rates of any company, give written...
• Massachusetts General Laws - Misuse of transfer ticket; penalty - Chapter 161, Section 113
  Every company shall cause to be printed on the transfer tickets issued by it to passengers the conditions under which such tickets may be used....
• Massachusetts General Laws - Fraudulent use of passes; Massachusetts Bay Transportation Authority stations or vehicles; penalty - Chapter 161, Section 113A
  Whoever fraudulently attempts to, or does enter upon or leave any vehicle or station of the Massachusetts Bay Transportation Authority by using a stolen employee...
• Massachusetts General Laws - Transportation of milk and cream - Chapter 161, Section 114
  All companies may transport milk and cream over and upon their respective lines of railway and from and to any point thereon, subject only to...
• Massachusetts General Laws - Railway service provided at cost; acceptance of Secs. 115 to 128 - Chapter 161, Section 115
  Any company, except the Boston Elevated Railway Company and the Eastern Massachusetts Street Railway Company, and the successors of either of the said companies, which...
• Massachusetts General Laws - Cost of service; definitions - Chapter 161, Section 116
  The cost of the service shall include operating expenses, taxes, rentals, interest on all indebtedness as hereinafter defined, dividends on preferred stock, an interest return...
• Massachusetts General Laws - Reserve fund - Chapter 161, Section 117
  No company may accept sections one hundred and fifteen to one hundred and twenty-eight, inclusive, until it has provided a reserve fund of not less...
• Massachusetts General Laws - Service at cost; application to determine status of unfunded debt - Chapter 161, Section 118
  Any company desiring to accept said sections shall, at the time of its application to the department to determine the amount of its stock investment,...
• Massachusetts General Laws - Use of reserve fund - Chapter 161, Section 119
  Whenever the income of the company is insufficient to meet the cost of service as defined in section one hundred and sixteen, the reserve fund...
• Massachusetts General Laws - Schedules of grades of railway fare and transfer privileges; public hearing; approval or modification - Chapter 161, Section 120
  A company accepting said sections shall file with its acceptance a schedule of nine different grades of fare and of transfer privileges. One such grade...
• Massachusetts General Laws - Change in grades of railway fare - Chapter 161, Section 121
  If, as of the last day of any March, June, September or December, the reserve fund shall exceed by thirty per cent or more the...
• Massachusetts General Laws - Improvement fund - Chapter 161, Section 122
  The company shall provide an improvement fund of an amount required by the department but not exceeding five per cent of the capital investment. Such...
• Massachusetts General Laws - Sale of railway property and franchise to state or municipality - Chapter 161, Section 123
  Any company accepting said sections shall be bound thereby to sell its entire property and franchises as a going concern to the commonwealth or to...
• Massachusetts General Laws - Directors appointed by governor; qualifications; powers and privileges - Chapter 161, Section 124
  The governor, with the advice and consent of the council, shall appoint for terms of three years each three persons to be members of the...
• Massachusetts General Laws - Monthly condition statements; supervision and investigation by department - Chapter 161, Section 125
  In order that the department may at all times be in a position to take such action as the public interest requires, the companies shall...
• Massachusetts General Laws - Acceptance of Secs. 115 to 128; commencement of operations - Chapter 161, Section 126
  Any company desiring to accept said sections shall apply to the department to determine the amount of its capital investment and of its stock investment,...
• Massachusetts General Laws - Disposal of property no longer of service - Chapter 161, Section 127
  The department may order any company accepting said sections to dispose of any property no longer of service to the company. Any loss thereby incurred...
• Massachusetts General Laws - Return on stock investment; state directors of railway company; petition for reversal of orders of department - Chapter 161, Section 128
  If a majority of the state directors of a company believe that a particular order or decision of the department would impair the ability of...
• Massachusetts General Laws - Avoiding or abolishing grade crossings; eminent domain - Chapter 161, Section 129
  For the purpose of avoiding or abolishing a crossing of a railroad by the tracks of a street railway company at grade, the company may...
• Massachusetts General Laws - Construction of overpasses and underpasses - Chapter 161, Section 130
  A company, which has acquired land for such purpose, may construct its railway over or under a railroad, in the manner agreed upon by the...
• Massachusetts General Laws - Structures or alterations within public way or state highway - Chapter 161, Section 131
  The board of aldermen of a city or the selectmen of a town, if a public way, and the department of highways, if a state...
• Massachusetts General Laws - Change of railway company’s name; authorization - Chapter 161, Section 132
  Upon the application of any company, authorized by a vote of two thirds of the shares present and voting at a meeting called therefor, the...
• Massachusetts General Laws - Filing of certificate of name change - Chapter 161, Section 133
  A certified copy of such authorization and a certificate of the vote of the company, signed and sworn to by the president, treasurer and a...
• Massachusetts General Laws - Rights and liabilities of railway company under new name - Chapter 161, Section 134
  A company shall have the same rights, powers and privileges, and be subject to the same duties, obligations and liabilities, under its new name as...
• Massachusetts General Laws - Authorization of sale by receiver of railway property; powers and duties of purchaser - Chapter 161, Section 135
  A receiver of the property of a company may, by order of the court, sell and transfer the railway and property of such company, its...
• Massachusetts General Laws - Content of agreement of association of purchasers; execution of agreement - Chapter 161, Section 136
  The purchasers at such sale shall, with their associates, to the number of at least fifteen, within sixty days after such sale, organize a company...
• Massachusetts General Laws - Certificate of incorporation; organization of railway company - Chapter 161, Section 137
  The state secretary shall receive the agreement of association, and preserve it in form convenient for reference and open to public inspection, and shall issue...
• Massachusetts General Laws - Annual return transmitted to department by street railway company directors - Chapter 161, Section 138
  The directors of every street railway company shall annually within the time prescribed by section thirty-two of chapter one hundred and fifty-nine transmit to the...
• Massachusetts General Laws - Tables and abstracts prepared by department - Chapter 161, Section 139
  The department shall prepare tables and abstracts of the returns of the several companies, and may include in its annual report such of them as...
• Massachusetts General Laws - Street railway lessee’s annual return - Chapter 161, Section 140
  The lessee of a street railway shall make to the company which owns it the same annual return on oath of the operations and business...
• Massachusetts General Laws - Retention of records by state departments and commissions - Chapter 161, Section 141
  Every state department and commission shall keep a record of its proceedings in any matter considered by it under any laws affecting street railways in...
• Massachusetts General Laws - Equity jurisdiction - Chapter 161, Section 142
  The supreme judicial or superior court shall have jurisdiction in equity, on petition of a company, or of the board of aldermen of a city...
• Massachusetts General Laws - Establishment of area - Chapter 161, Section 143
  A city or town may establish, or two or more cities or two or more towns, or two or more cities and towns, may unite...
• Massachusetts General Laws - Preliminary agreements - Chapter 161, Section 144
  A city, by vote of its city council, subject to the provisions of its charter, or a town by vote of its board of selectmen,...
• Massachusetts General Laws - Acceptance of preliminary agreements - Chapter 161, Section 145
  Upon the acceptance of such a preliminary agreement by a majority in interest of all classes of stock in such a company entitled to vote,...
• Massachusetts General Laws - Management of transportation area; appointment and compensation of trustees - Chapter 161, Section 146
  The management and control of a transportation area shall be vested in a board of trustees of whom two shall be chosen by the mayor...
• Massachusetts General Laws - Powers of trustees; status of employees of acquired private companies - Chapter 161, Section 147
  The board of trustees of a transportation area shall have full power to operate the street railway property leased or acquired thereby, or any equipment...
• Massachusetts General Laws - Officers of board of trustees; election; treasurer’s bond; voting; quorum; annual report - Chapter 161, Section 148
  At the first meeting of the said trustees, and at each annual meeting thereafter, they shall elect from their number a chairman, vice chairman, treasurer...
• Massachusetts General Laws - Taking of railway by eminent domain - Chapter 161, Section 149
  Upon the request of the board of trustees of a transportation area established under this chapter the department shall take by eminent domain under chapter...
• Massachusetts General Laws - Discharge of liabilities and obligations; basis of contribution by municipalities within area - Chapter 161, Section 150
  The cities and towns comprising a transportation area shall contribute to the discharge of its liabilities and obligations on the basis of one third part...
• Massachusetts General Laws - Finances of transportation areas - Chapter 161, Section 151
  The financial year of a transportation area shall end on the last day of each calendar year. The cities and towns comprising the area shall,...
• Massachusetts General Laws - Municipal borrowing; limitations - Chapter 161, Section 152
  For the purpose of acquiring street railway property or other equipment or facility under sections one hundred and forty-three to one hundred and fifty-eight, inclusive,...
• Massachusetts General Laws - Contract between commonwealth and trustees for reimbursement for deficit from operation of transportation area - Chapter 161, Section 152A
  Notwithstanding the provisions of section one hundred and fifty-one, the commonwealth, acting by and through the secretary of administration, may enter into a contract or...
• Massachusetts General Laws - Extension of lines by transportation area; purchase of equipment; consent of department - Chapter 161, Section 153
  No extension of lines or trackage shall be made or additional equipment purchased by a transportation area without the consent of the department.
• Massachusetts General Laws - Exclusion of municipality from transportation area - Chapter 161, Section 154
  The department may exclude from a transportation area any city or town, but such exclusion shall not prevent the operation of street railways in or...
• Massachusetts General Laws - Leases of street railway property; amount of rental; term; renewals; termination - Chapter 161, Section 155
  The amount to be paid as rental under a lease of a street railway property shall not exceed seven per cent of the price fixed...
• Massachusetts General Laws - Establishment of fare zones and rates of fare - Chapter 161, Section 156
  Subject to the approval of the department, the trustees shall establish such fare zones and shall fix such rates of fare to be charged by...
• Massachusetts General Laws - Care of leased railway property - Chapter 161, Section 157
  The trustees shall maintain the street railway property in good operating condition. At the expiration of any lease which is not renewed, a transportation area...
• Massachusetts General Laws - Taxation - Chapter 161, Section 158
  Nothing contained in sections one hundred and forty-three to one hundred and fifty-seven, inclusive, shall affect the right of the commonwealth or any subdivision thereof...
• Massachusetts General Laws - Massachusetts Bay Transportation Authority; application of Secs. 143 to 158 - Chapter 161, Section 159
  Sections one hundred and forty-three to one hundred and fifty-eight, inclusive, shall not apply to any territory comprising the Massachusetts Bay Transportation Authority.
• Massachusetts General Laws - Transportation areas; application of Secs. 143 to 158 - Chapter 161, Section 160
  Sections one hundred and forty-three to one hundred and fifty-eight, inclusive, so far as applicable, shall apply to any transportation area now established under chapter...
• Massachusetts General Laws - Avoiding reduction or discontinuance of railway service; contributions of municipalities - Chapter 161, Section 161
  Any city, except Boston, by vote of its city council, and any town by majority vote of the voters thereof present and voting thereon at...

Last modified: September 11, 2015