Title to land, how vested.

Damages.

South Easton

and Eastondale

District Loan,
Act of 1915.

commissioners hereinafter provided for. The title to all land acquired in any way under the provisions of this act shall vest in the South Easton and Eastondale Fire and Water District, and the land so acquired shall be managed, improved and controlled by the board of water commissioners hereinafter provided for in such manner as they shall deem for the best interest of said district.

SECTION 4. Said district shall pay all damages to property sustained by any person or corporation by the taking of any land, right of way, water, water source, water right or easement, or by anything done by said district under authority of this act. Any person or corporation sustaining damages as aforesaid and failing to agree with said district as to the amount thereof, may have the same determined in the manner provided by law in the case of land taken for the laying out of highways on application at any time within the period of two years after the taking of such land or other property or the doing of other injury under authority of this act; but no such application shall be made after the expiration of the said two years. No assessment of damages shall be made for the taking of any water, water right, or for any injury thereto, and the said period of two years shall not begin to run, until the water is actually withdrawn or diverted by said district under authority of this act.

Said district may by vote, from time to time, determine what amount or quantity of water it proposes to take and appropriate under this act; in which case any damages caused by such taking shall be based upon such amount or quantity until the same shall be increased by vote or otherwise, and in such event said district shall be further liable only for the additional damages caused by such additional taking.

SECTION 5. Said district, for the purpose of paying the Fire and Water necessary expenses and liabilities incurred under the provisions of this act, may issue from time to time bonds or notes to an amount not exceeding seventy-five thousand dollars. Such bonds or notes shall bear on their face the words South Easton and Eastondale Fire and Water District Loan, Act of 1915; shall be payable by such annual payments beginning not more than one year after their respective dates, as will extinguish each loan within thirty years from its date; shall bear interest, payable semi-annually, at a rate not exceeding five per cent per annum; and shall be signed by the treasurer of the district and countersigned by

the chairman of the water commissioners hereinafter provided
for. Each authorized issue of bonds or notes shall constitute
a separate loan, and the amount of the annual payment of
any loan in any year shall not be less than the amount of
principal payable in any subsequent year. Said district
may sell the said securities at public or private sale, for the
purposes of this act, upon such terms and conditions as it
may deem proper; but they shall not be sold for less than
their par value. Said bonds shall be exempt from taxation. Bonds
The town of Easton may, at its annual town meeting or at a taxation.
legal meeting called for the purpose, guarantee the payment
of such bonds or notes.

exempt from

SECTION 6. Said district shall, at the time of authorizing Payment said loan, provide for the payment thereof in such annual of loan. payments as will extinguish the same within the time prescribed by this act; and when a vote to that effect has been passed a sum which, with the income derived from water rates, will be sufficient to pay the annual expense of operating its water works and the interest as it accrues on the bonds or notes issued as aforesaid, and to make such payments on the principal as may be required under the provisions of this act, shall, without further vote, be raised annually by taxation in the manner hereinafter provided.

of taxes.

SECTION 7. Whenever a tax is duly voted by said district Assessment for the purpose of this act, the clerk of the district shall send a certified copy of the vote to the assessors of the town of Easton, who shall proceed within thirty days thereafter to assess the same in the same manner in which town taxes are required by law to be assessed: provided, however, that no Proviso. estate shall be subject to the said tax if, in the judgment of the board of water commissioners hereinafter provided for, such estate is so situated that it can receive no aid for the extinguishment of fire from the said system of water supply, or if such estate is so situated that the buildings thereon, or the buildings that might be constructed thereon, in any ordinary or reasonable manner, could not be supplied with water from the said system; but all other estates in the district shall be deemed to be benefited and shall be subject to the tax. A certified list of the estates exempt from taxation under the provisions of this section shall annually be sent by the water commissioners to the assessors, at the same time when the clerk sends a certified copy of the vote as aforesaid. The assessment shall be committed to the town collector, Collection of who shall collect said tax in the manner provided by law

taxes, etc.

Proviso.

First

meeting.

Water commissioners,

etc.

for the collection of town taxes, and shall deposit the proceeds with the district treasurer for the use and benefit of said district. Said district may collect overdue interest on taxes in the manner in which interest is authorized to be collected on town taxes; provided, that the district at the time of voting to raise the tax shall so determine, and shall also fix a time for the payment thereof.

SECTION 8. The first meeting of said district shall be called on petition of ten or more legal voters therein, by a warrant from the selectmen of the town of Easton or from a justice of the peace, directed to one of the petitioners, requiring him to give notice of the meeting by posting copies of the warrant in two or more public places in the district seven days at least before the time of the meeting. One of the petitioners shall preside at the meeting until a clerk is chosen and sworn, and the clerk shall preside until a moderator is chosen. After the choice of a moderator the question of the acceptance of this act shall be submitted to the voters, and if it shall be accepted by a majority vote of the voters present and voting thereon it shall take effect, and the meeting may then proceed to act on the other articles contained in the warrant.

SECTION 9. The South Easton and Eastondale Fire and election, term, Water District shall, after the acceptance of this act as aforesaid, elect by ballot five persons to hold office, two until the expiration of three years, two until the expiration of two years and one until the expiration of one year from the next succeeding annual district meeting, to constitute a board of water commissioners; and at every annual meeting thereafter their successors shall be elected by ballot for the term of three years. All the authority granted to said district by this act and not otherwise specifically provided for shall be vested in said board of water commissioners, who shall be subject, however, to such instructions, rules and regulations as the district may impose by its vote. Said commissioners shall appoint a treasurer of the district, who may be one of their number, who shall give bonds to the district to such an amount and with such securities as may be approved by the commissioners. A majority of the commissioners shall constitute a quorum for the transaction of business. Any vacancy occurring in said board from any cause may be filled for the remainder of the unexpired term by said fire district at any legal meeting called for the purpose. No money shall be drawn from the district treasury on account

Treasurer.

Quorum.
Vacancy.

of the water works except by a written order of said commissioners or a majority of them.

rates, etc.

SECTION 10. Said commissioners shall fix just and To fix water equitable prices and rates for the use of water, and shall prescribe the time and manner of payment. The income of the water works shall be used to defray all operating expenses, interest charges and payments of the principal as they accrue upon any bonds or notes issued under authority of this act. If there should be a net surplus remaining after Net surplus, providing for the aforesaid charges, it shall be used for such how applied. new construction as the water commissioners may determine upon, and in case a surplus should remain after payment for such new construction the water rates shall be reduced proportionately. No money shall be expended in new construction by the water commissioners except from the net surplus aforesaid, unless the district appropriates and provides money therefor. Said commissioners shall annually, To make and as often as the district may require, render a report upon report." the condition of the works under their charge and an account of their doings, including an account of their receipts and expenditures.

annual, etc.,

water, etc.

SECTION 11. Said district may adopt by-laws prescribing Meetings. by whom and how meetings may be called and notified; and, upon the application of ten or more legal voters in the district, meetings may also be called by warrant as provided in section eight. Said district may also choose such other officers not provided for in this act as it may deem necessary or proper. SECTION 12. Whoever wilfully or wantonly corrupts, pol- Penalty for lutes or diverts any water obtained or supplied under this corruption of act, or wilfully or wantonly injures any reservoir, standpipe, aqueduct, pipe or other property owned or used by said district for the purposes of this act, shall forfeit and pay to the district three times the amount of damages assessed therefor, to be recovered in an action of tort, and upon conviction of any of the above acts shall be punished by a fine not exceeding one hundred dollars or by imprisonment for a term not exceeding six months.

voters, etc.

SECTION 13. This act shall take effect upon its acceptance To be subby a majority vote of the voters of said district present and mitted to voting thereon by ballot at a district meeting called in accordance with the provisions of section eight, within three years after the passage of this act, and may be voted on at as many meetings as may be called: provided, however, that Proviso. not more than three meetings for the purpose of acceptance

of this act shall be held in any one year; and this act shall
become void unless said district shall begin to distribute water
to consumers within three years after the acceptance of
this act as aforesaid.
Approved March 29, 1915.

[1895, 451, § 15.]

Chap.233 AN ACT TO PROVIDE A WATER SUPPLY FOR THE TOWN FARM

Town of Essex may supply water to the Town Farm district.

May drive wells, etc.

Provisos.

Former acts ratified.

To be submitted to

voters, etc.

DISTRICT OF THE TOWN OF ESSEX.

Be it enacted, etc., as follows:

SECTION 1. The town of Essex, by its board of selectmen, is hereby empowered to supply water for domestic, manufacturing and other purposes, upon such terms and conditions as the town shall fix, to the inhabitants of that part of the town which is called the Town Farm.

SECTION 2. For the purposes aforesaid the said town may obtain water by means of driven, artesian or other wells, and may construct, lay and maintain conduits, pipes and other apparatus under and upon the Town Farm, and any highway adjacent thereto: provided, that the town shall first make the necessary appropriations for such construction and maintenance; and provided, further, that no source of water supply for domestic purposes shall be acquired or used without first obtaining the advice and approval of the state department of health.

SECTION 3. All former acts of the town and of its officers in distributing water for the aforesaid purposes in said town and in fixing and collecting the rates therefor are hereby ratified and confirmed.

SECTION 4. This act shall take effect after it has been submitted to the voters of the town of Essex at any town meeting called for the purpose, and accepted at said meeting by a majority vote. Approved March 29, 1915.

[1913, 212.]

Chap.234 AN ACT RELATIVE TO THE INSPECTION AND LOCATION OF

1913, 212, § 1, amended.

TENEMENTS AND LODGING HOUSES IN THE CITY OF NEW
BEDFORD.

Be it enacted, etc., as follows:

SECTION 1. Section one of chapter two hundred and twelve of the acts of the year nineteen hundred and thirteen is hereby amended by inserting after the word "Lawrence", in the first line, the words: and in the city of New Bedford,