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

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Massachusetts General Laws > Chapter 161 - Street Railways

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Quorum: The number of legislators that must be present to do business.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.