Baker's Corner least before the time of the meeting.

Fire District in Seekonk, first meeting, etc.

The said justice of the peace, or one of the selectmen, 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 for the meeting the question of the acceptance of this act shall be submitted to the voters, and if it is accepted by a majority 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. The said first meeting shall be held within four years after the passage of this act, and this act shall become void unless the said district shall begin to distribute water to consumers within four years after the date of the acceptance of the act. SECTION 2. This act shall take effect upon its passage. Approved March 30, 1915.

Chap.243 AN ACT TO INCORPORATE THE SALISBURY WATER SUPPLY

The Salisbury Water Supply Company, incorporated.

May take

certain waters, etc.

COMPANY.

Be it enacted, etc., as follows:

SECTION 1. Charles N. Taylor, Henry C. Mulligan and Ernest R. Seagrave, their associates and successors, are hereby made a corporation by the name of The Salisbury Water Supply Company, for the purpose of supplying the inhabitants of the town of Salisbury or any part thereof with water for the extinguishment of fires and for domestic, manufacturing and other purposes, and for the purpose of laying out, constructing, maintaining and operating a system or systems of main drains and common sewers, in that portion of said town of Salisbury lying east of the canal, with such connections and other works, as may be required for a system of sewage disposal. Said corporation shall have all the powers and privileges and shall be subject to all the duties, restrictions and liabilities set forth in all general laws now or hereafter in force applicable to such corporations.

SECTION 2. Said corporation, for the purposes aforesaid, may lease, take or acquire by purchase or otherwise, and hold the waters of any ponds, brooks or springs within the limits of said town, and may obtain and take water by means of driven, bored, artesian or other wells on any land within the limits of said town, and convey the same through the town; and may also take or acquire by lease, purchase or otherwise, all lands, rights of way and easements necessary for holding and preserving such water and conveying the

public sewers.

aqueducts, etc.

same to any part of said town, and for constructing main drains and sewers, necessary for the disposal of sewage; and may erect on the land so acquired proper dams, fixtures or other structures: provided, that no source of water supply Proviso. shall be taken under this act for domestic purposes, and no system of sewage disposal shall be constructed, without the advice and approval of the state department of health. The sewers of said company shall be deemed to be public Sewers to be sewers. Said company may make excavations, procure and operate machinery, and provide such other means and appliances as may be necessary for the establishment and maintenance of complete and effective water works and a system of sewage disposal; may construct, lay and maintain May build aqueducts, conduits, pipes, main drains, sub-drains, sewers and other works, under or over any land, water courses, canals, dams, railroads, railways and public or other ways, and along any highway or other way in the town of Salisbury in such manner as not unnecessarily to obstruct the same; and for the purpose of constructing, laying, maintaining and repairing such aqueducts, conduits, pipes, main drains, subdrains, sewers and other works, and for all other purposes of this act, said corporation may dig up, raise and embank any such lands, highways or other ways in such manner as to cause the least hindrance to public travel. Said corporation shall not enter upon, construct or lay any conduits, pipes, sewers, drains or other works within the location of any railroad corporation, except at such time and in such manner as it may agree upon with such corporation, or, in case of failure so to agree, as may be approved by the public service commission.

lands to be

SECTION 3. Said corporation shall, within sixty days Description of after voting to take any lands, rights of way, water rights, recorded. water sources or easements as aforesaid, file and cause to be recorded in the registry of deeds for the county of Essex a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same were taken, signed by the president of the corporation. The recording shall operate as a taking of the real estate and rights and easements therein described.

SECTION 4. Said corporation shall pay all damages to Damages. property sustained by any person, firm or corporation by the taking of any land, right of way, water, water source, water right or easement, or by any other thing done by said corporation under the authority of this act. Any person,

Damages.

May distribute water in Salisbury.

Real estate and capital stock.

Issue of bonds,

etc.

firm or corporation sustaining damages as aforesaid, and failing to agree with said corporation as to the amount thereof, may have the same assessed and 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 two years after the taking of such land or other property, or the doing of any other injury under authority of this act; but no such application shall be made for the taking of any water, water right or water source, or for any injury thereto, and said period of two years shall not begin to run, until the water is actually withdrawn or diverted under authority of this act. Said corporation may by vote from time to time determine what amount or quantity of water it proposes to take under this act; and in such case damages caused by the taking shall be based upon the said amount or quantity until the same shall be increased by vote or otherwise, and in that event the corporation shall be liable further only for the additional damages caused by such additional taking.

SECTION 5. Said corporation may distribute water through the town of Salisbury or any part thereof, may regulate the use of said water and may fix rates to be paid for the use of the same, subject, however, to the power now vested in the board of gas and electric light commissioners to regulate said rates, and may make such contracts with the said town or with any fire district now or hereafter established therein, or with any individual or corporation, to supply water for the extinguishment of fires or for other purposes as may be agreed upon, and may maintain and operate a system of sewage disposal, and may contract with said town, or with any individual or corporation, relative to the same.

SECTION 6. Said corporation may, for the purposes set forth in this act, hold real estate not exceeding in value twenty-five thousand dollars, and its capital stock shall not exceed one hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each.

SECTION 7. Said corporation may, by vote of a majority in interest of its stockholders at a meeting called for the purpose, and subject to the limitations and restrictions of the following section, issue bonds, at not less than par, to an amount not exceeding its capital stock actually paid in at the time of such issue and applied to the purposes of the corporation, and bearing interest at a rate not exceeding six per cent per annum; and may secure the payment of the principal and interest of said bonds by a mortgage of its

obligations of

and bonds

decision, etc.

franchise and property. All persons who acquire any Rights and mains, conduits, poles, wires, fixtures or other apparatus mortgagee. in, over, under or across public ways by virtue of such mortgage shall have the same rights and be subject to the same obligations relative to their erection, care, maintenance and operating as the corporation would have had, or would have been subject to, if the mortgage had not been made. SECTION 8. Said corporation shall issue only such amount Issue of stock of stock and bonds as the board of gas and electric light com- regulated. missioners may from time to time vote is reasonably necessary for the purpose for which such issue of stock or bonds has been authorized. The board may take into consideration any resources of the said corporation available or which might have been available for said purpose. Said board shall render a decision upon an application for such issue within thirty days after the final hearing thereon. The Filing of decision shall be in writing, shall assign the reasons therefor, shall, if authorizing such issue, specify the respective amounts of stock or bonds which are authorized to be issued for the several purposes to which the proceeds thereof are to be applied, shall, within seven days after it has been rendered, be filed in the office of the board, and a certificate of the vote of the board shall, within three days after such decision has been rendered and before the stock or bonds are issued, be filed in the office of the secretary of the commonwealth, and a duplicate thereof shall be delivered to the said corporation, which shall enter the same upon its records. Said corporation shall not apply the proceeds of Application such stock or bonds to any purpose not specified in such certificate. No application for the approval of an issue of stock shall be made unless authorized by vote of the incorporators, in case of an original issue, or of the stockholders in case of an increase of stock, passed not more than four months prior to such application; but a vote of the stockholders to increase the capital stock may be passed before or after the decision of the board aforesaid.

of proceeds.

franchises, etc.,

SECTION 9. Said corporation shall have the authority May purchase to acquire by purchase the franchises, corporate property, of certain and all the rights and privileges of the Artesian Water Com- corporation. pany, a corporation duly established by law, which now owns and operates a system of water works and a system of sewage disposal in said town of Salisbury, and upon such purchase shall assume all contract obligations of said Artesian Water Company, particularly the contract between said

Rights of town to purchase.

Notice, etc.

town of Salisbury and said Artesian Water Company for supplying the inhabitants of said town with water.

SECTION 10. The town of Salisbury shall have the right at any time, by a two thirds vote at an annual meeting, to purchase the franchise, corporate property, and all the rights and privileges of said corporation; or the town may in said manner vote to purchase only such corporate property, rights and privileges as are necessary and suitable for, and are used in connection with, the supply of water for the extinguishment of fires and for domestic, manufacturing and other purposes; and said town may at any time in said manner vote to purchase only such corporate property, rights and privileges as are necessary and suitable for and are used in connection with the system of sewage disposal; and the town shall give said corporation sixty days' notice of the vote, and said corporation shall then within sixty days after receiving such notice execute and deliver to said town all said property, franchise, rights and privileges; whereupon the property thus conveyed shall become the property of said town, and said town shall be liable to pay to said corporation the fair market value thereof for the purpose of its use, excluding any mortgage or other incumbrance or lien to which such plant or any part thereof may be subject at the time of such purchase, which shall not be assumed by the town unless the commissioners appointed as below otherwise determine, but if transferred subject to said mortgage or lien the amount of the same is to be deducted from the Valuation not price to be paid. Such value shall be estimated without enhancement on account of future earning capacity or goodwill or of exclusive privileges derived from rights in the public streets, and without enhancement because of any contract which may then exist between said corporation and said town. In case the town and the corporation shall be unable to agree upon the value of said property, the supreme judicial court shall, upon application of either party and notice to the other, appoint three commissioners, one of whom shall be a skilled engineer, one learned in the law, and one engaged in carrying on a business, who shall determine the fair value of said property as above provided and whose Further right award, when accepted by the court, shall be final. Any fire district which may be hereafter formed in said town of Salisbury shall have the right to purchase such corporate property, rights and privileges as are necessary and suitable for, and are used in connection with, the supply of water

to include

good will, etc.

Proceedings in case of disagreement.

of purchase,

etc.