Page images

eral laws which now are or may hereafter be in force appli-
cable to institutions for savings.

SECTION 2. This act shall take effect upon its passage.
Approved February 27, 1872.


Time for location extended.


Be it enacted, &c., as follows:

SECTION 1. The time for locating the Massachusetts Central Railroad from Stony Brook, westward, is hereby extended to the first day of June in the year one thousand eight hundred and seventy-four. And said company may file the location of its railroad in the county of Hampshire from some point on King street, in Northampton, to the easterly boundary of the town of Greenwich, there to connect with its location in the county of Worcester.

SECTION 2. This act shall take effect upon its passage.
Approved February 27, 1872.


May raise money by taxa

tion or loan to



Be it enacted, &c., as follows:

SECTION 1. The town of Everett is hereby authorized for the purposes mentioned in chapter two hundred and five of complete water the acts of the year eighteen hundred and seventy-one, to raise by taxation, or by borrowing from time to time, an amount not exceeding fifty thousand dollars in addition to the amount therein authorized, upon like terms and conditions, and with like powers in all respects as are provided in said act for the raising of money.

SECTION 2. This act shall take effect upon its passage.
Approved February 27, 1872.

Be it enacted, &e, as follows:

Twenty-five persons, a ma

habitants of the


SECTION 1. Any number of persons, not less than twentyjority being in five, a majority of them being inhabitants of this state, may state, may be associate themselves together by articles in writing, with the come a railroad intention of forming a corporation for the purpose of locating, constructing, maintaining and operating a railroad for public use in the conveyance of persons and property; and, upon complying with the provisions of section ten of this act, shall, with their associates and successors, be and remain a corporation, with all the powers and privileges, and subject to all the duties, liabilities and restrictions set forth in all general laws which now are or hereafter may be in force

Powers and duties.

relating to railroad corporations, except as is herein otherwise provided.

Articles of asforth gauge and termini of road places into tends, etc.

sociation to set

and names of

which it ex


SECTION 2. The articles of association shall set forth the name of the corporation; the termini of the railroad proposed to be built; its length, as near as may be, and the name of each city, town and county through or into which it will extend; and the gauge of the railroad, which shall be either four feet eight and a half inches or three feet; the amount of the capital stock of the corporation, which shall Capital stock not be less than fifteen thousand dollars for each mile of road, when the gauge is four feet eight and a half inches, and not less than eight thousand dollars for each mile when the gauge is three feet, and divided into shares of one hundred dollars each; and the names of at least nine persons to act as a board of directors until others are chosen by the Directors. corporation. Each associate shall subscribe to the articles 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 beyond ten per centum of the amount of his subscription, unless a corporation is duly established under the provisions of this act.

[ocr errors]

name not in

subscribers to

SECTION 3. The corporate name assumed shall be one Corporate not in use by any other railroad corporation in this state, use by another shall contain the words "railroad company' at the end railroad. thereof, and shall be changed only by act of the legislature. SECTION 4. The directors shall be subscribers to the Directors to be articles of association, and a majority of them shall be in- articles of assohabitants of this state. They shall appoint a clerk to keep ciation, and a a record of their doings, and a treasurer, who shall hold inhabitants of their respective offices until a clerk and treasurer of the poration are chosen. The directors shall fill any vacancy their board, or in the office of clerk or treasurer, caused by resignation, death, or other disability.



majority to be


-to appoint

clerk and treas

-to fill va-

arti- Articles of asso

ciation to be


towns where


SECTION 5. The directors shall cause a copy of the cles of association to be published in one or more news- published in papers in each county in which the road is proposed to be and posted in located, at least once a week for three successive weeks, town and also cause a copy of said articles to be posted in each located. city or town in which said road is proposed to be located, at least three weeks before proceeding to fix the route of said. road. The sworn certificate of the clerk shall be evidence of the posting and publication.

SECTION 6. The directors shall prepare a map of the pro- Map of route to posed route on an appropriate scale; with a profile thereof be prepared to on a vertical scale of ten to one as compared with the hori- report of a zontal scale; and with the report of a skilful engineer, eer.

gether with a skilful engin

Route of road through towns

and cities may be agreed selectmen, etc.

by directors and

If route is not agreed upon, it

railroad com missioners.

based on actual examination and survey, showing the kind and amount of excavation, filling, bridging and masonry required, the number of highways and other railroads, if any, and of navigable streams and tide-waters to be crossed, and the manner of crossing the same, the general profile of the surface of the country through which the road will pass, the feasibility of the route, the manner of constructing the road, and a detailed estimate of the cost of construction.

SECTION 7. Whenever the selectmen of any town or the mayor and aldermen of any city named in the articles of association, after notice to parties interested within the town or city, exhibition of the map, and hearing, shall agree with the directors as to the proposed route or any route of their railroad in said town or city, such agreement shall be sufficient to fix the same; and said selectmen or mayor and aldermen shall sign a certificate of the same, setting forth said route, to be given to the directors.

SECTION 8. Whenever the directors fail to agree with the may be fixed by selectmen of any town or the mayor and aldermen of any city as to the route of their railroad in such town or city, said directors may petition the board of railroad commissioners to fix the route in said town or city, who, after due notice to said selectmen or mayor and aldermen, shall hear the parties and fix the route in such town or city. Said board shall make a certificate setting forth the route as fixed by them; and the same shall be certified by the clerk of said board to the directors. The costs of the petition shall be paid by the directors. All variations from the route first proposed shall be made upon the map.


from first route

to be made up

on map.
When capital
stock required


ten per cent.

SECTION 9 When the amount of capital stock named in section two has been subscribed to the articles of association sertbed for and in good faith by responsible parties, and at least ten per centum of the par value of each and every share thereof thereof and of actually paid in cash to the treasurer of the association, the publicstion ete, directors, clerk and treasurer shall endorse upon the articles To be presented to railroad coms of association, or annex thereto, their certificate, setting

paid in cash,



forth these facts, and that it is intended in good faith to locate, construct, maintain and operate the railroad fixed as aforesaid, and shall also annex to said articles said certificate of publication and the several certificates fixing the route of said railroad, and shall present the same to the railroad commissioners, together with the map and report of the engineer for their inspection; and said map shall be deposited with said commissioners.

SKCTION 10. Whenever it is shown to the satisfaction of the board of railroad commissioners that the requirements

when the law

plied with;

of this act preliminary to the establishment of the corpora- commissioners tion have been complied with, the clerk of said board, upon has been com their order, shall endorse upon the articles of association or annex thereto, a certificate, setting forth the fact that the requirements of the law appear to have been complied with. The directors shall thereupon file the articles of association, to be filed in with all the certificates endorsed thereon or annexed thereto, tary of the in the office of the secretary of the Commonwealth; who, Commonwealth upon the payment to him of fifty dollars, shall record the all certificates. same in a book to be kept for that purpose, and shall issue Fee for recorda certificate substantially in the following form:


office of secre

together with


cate to be issued

by the secre


Be it known that whereas [names of the subscribers to the articles of Form of certifiassociation] have associated themselves with the intention of forming a corporation under the name of the [name of the corporation] for the purpose of locating, constructing, maintaining and operating a railroad [description of the road as in the articles of association] and have complied with the statutes of this Commonwealth in such cases made and provided: now, therefore, I, [name of the secretary] secretary of the Commonwealth of Massachusetts, do hereby certify that the persons aforesaid, their associates and successors, are legally established as a corporation, under the name of the [name of the corporation], with all the powers and privileges, and subject to all the duties, liabilities and restrictions set forth in all general laws which now are or hereafter may be in force relating to railroad corporations

day of

in the

In witness whereof, I have hereunto subscribed my official signature, and affixed the seal of said Commonwealth, this year [Day, month and year].

The certificate, so executed, shall be recorded with the articles of association; and the original certificate, or a duly certified copy of the record thereof, shall be conclusive evidence of the establishment of the corporation at the date of such certificate. All moneys received by the secretary · under this section, shall be included in his quarterly returns of fees, and paid into the treasury.

of corporation.

SECTION 11. The first meeting of the corporation shall First meeting be called by a notice signed by a majority of the directors, stating the time, place and purpose of such meeting; and the clerk shall, seven days at least before the day appointed therefor, deliver to each subscriber, or leave at his usual place of business or residence, or deposit in the post-office, prepaid, and directed to him at his post-office address, a copy of such notice. The clerk shall make an affidavit of his doings in regard thereto, which shall be recorded with the records of the corporation.

and unite with

SECTION 12. Such corporation may enter with its railroad May enter upon upon, unite with and use any other railroad which it may other roads.

at grade, etc.,



May cross roads cross or meet, subject to the provisions of law; but such only as railroad railroad shall not in any case cross at grade any other railroad; nor shall it be constructed across an existing railroad except in such manner as shall be approved by the board of May cross nav railroad commissioners, nor across navigable or tide-waters, except with the approval of the board of harbor commissioners, and in such manner as shall be approved by the lastnamed board.

igable waters,

subject to ap

proval of har bor commissioners.

Location of road may be changed by

county commis

party is unneoessarily dam


SECTION 13. Whenever any party is aggrieved by the location of such railroad, by reason of its crossing his land sioners, if any in such manner as to be of grievous damage, when such damage could be avoided without serious injury to others, such party shall have the right, within thirty days after having been furnished with the plan required by law, of his land taken for the construction of the road, to petition the county commissioners of the county where the land lies, who shall give due notice and hear the parties. And if it shall appear that such location will greatly and unnecessarily damage the complainant, and that the same can be changed so as to avoid such damage, in whole or in part, without material detriment to the line of the railroad, and without great injury to other parties, the commissioners shall change such location accordingly. Said commissioners shall hear the parties, either at their regular meeting or at a meeting called by their chairman for the purpose, and shall make and give to each party a certificate of their determination in the premises, within sixty days after receiving the petition. The compensation of said commissioners, which shall not exceed five dollars per day, their necessary expenses and the costs of the petition, shall be paid by the corporation, unless the commissioners shall decide that the petition was frivolous, in which case such compensation, expenses and costs shall be paid by the petitioner. And such compensation and expenses of the commissioners shall be retained by them to their own use.

Compensation ers, how pad,

of commissions

Map, prod'e,

ele.. to be ed

office of retary with

[ocr errors]

One year after

completion of


Cspital stock

[ocr errors]

be creas

SECTION 14. Within one year after its road is completed and put in operation, the corporation shall cause a map and profile thereof, with tables of grade and curvature, and a statement of the other characteristics of the road, in such form as the board of railroad commissioners may prescribe, to be certized by its president and engineer, and filed in the office of the secretary of the Commonwealth.

SECTION 15. If the capital stock of the corporation is certicates found to be insufficient for the construction or equipment of its road, the directors, upon being authorized by a majority of the votes at a meeting of the stockholders called for the

[ocr errors]
« PreviousContinue »