Mass. Gen. Laws ch. 160, § 23: Certificate of facts of subscription

Section 23. 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 of the par value of each share has been actually paid in cash to the treasurer, the directors, clerk and treasurer shall annex to the agreement of association their certificate setting forth these facts, and that it is intended in good faith to locate, construct, maintain and operate the railroad upon the route fixed, shall also annex to said agreement the certificate of publication specified in section sixteen, and the several certificates fixing the route, shall present the same for inspection to the department, and shall at the same time deposit in the office of the department the report of the engineer and the map.