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dams, etc.

of land to be recorded.

May construct other structures, and make excavations, procure and operate

machinery and provide such other means and appliances and do such other things as may be necessary for the establishment and maintenance of complete and effective water works; and for that purpose may construct wells and reservoirs and establish pumping works, and may construct, lay and maintain aqueducts, conduits, pipes and other works under and over any land, water courses, railroads, railways and public or other ways, and along such ways in the town of Sterling, in such manner as not unnecessarily to obstruct the same; and for the purpose of constructing, laying, maintaining, operating and repairing such conduits, pipes and other works, and for all other purposes of this act, said town may dig up or raise and embank any such lands, highways or other ways, in such manner as to cause the least hindrance to public travel. Said town shall not enter upon, construct or lay any conduits, pipes 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. Description SECTION 3. Said town shall, within ninety days after

the taking of any lands, rights of way, water rights, water sources or easements as aforesaid, file and cause to be recorded in the registry of deeds for the Worcester district of the county of Worcester a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same were taken, signed by the water commissioners hereinafter provided for. The title to all lands acquired under the provisions of this act shall vest the town of Sterling, and the land so acquired may be managed, improved and controlled by the board of water commissioners hereinafter provided for in such manner as they shall deem to be for the best interest of the town.

SECTION 4. Said town 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 any other thing done by said town under authority of this act. Any person or corporation sustaining damages as aforesaid, and failing to agree with the said town 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

Payment of damages.

damages.

1915.

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such land or other property or the doing of other injury Payment of
under authority of this act; but no such application shall
be made after the expiration of the said two years, and no
assessment of damages shall be made for the taking of
any water, water right, or for any injury thereto, until the
water is actually withdrawn or diverted by said town under
authority of this act. Said town 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 the town shall be
further liable only for the additional damages caused by
such additional taking.

SECTION 5. The town of Sterling, for the purpose of your time
paying the necessary expenses and liabilities incurred under Loan, Ắct of
the provisions of this act, may issue from time to time bonds
or notes to an amount not exceeding thirty thousand dollars.
Such bonds or notes shall bear on their face the words,
Town of Sterling Water Loan, Act of 1915; shall be payable
by such annual payments, beginning not more than one
year after the date thereof, as will extinguish each loan within
thirty years from its date; and the amount of such annual
payment of any loan in any year shall not be less than the
amount of the principal of said loan payable in any subsequent
year. Each authorized issue of bonds or notes shall consti-
tute a separate loan. Said bonds or notes shall bear interest Rate of
at a rate not exceeding five per cent per annum, payable
semi-annually, and shall be signed by the treasurer of the
town and countersigned by the water commissioners here-
inafter provided for. The town may sell the said securities
at public or private sale upon such terms and conditions
as it may deem proper, but they shall not be sold for less
than their par value.

SECTION 6. The town of Sterling shall, at the time of Payment of authorizing said loan or loans, provide for the payment thereof in accordance with section five of 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 by the town, and to make such payments on the principal as may be required under the provisions of this act, shall, without further vote, be assessed by the assessors of the

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interest, etc. Penalty.

loan.

Board of water commissioners established.

town annually thereafter, in the same manner in which other taxes are assessed, until the debt incurred by said loan or loans is extinguished.

SECTION 7. Whoever wilfully or wantonly corrupts, pollutes or diverts any water taken or held under this act, or injures any structure, work or other property owned, held or used by said town under authority of this act, shall forfeit and pay to the town three times the amount of damages assessed therefor, to be recovered in an action of tort; and upon being convicted of any of the above wilful or wanton acts shall be punished by a fine not exceeding three hundred dollars or by imprisonment in jail for a term not exceeding one year.

SECTION 8. Said town shall, after its acceptance of this act, at the same meeting at which the act is accepted or at a subsequent meeting called for the purpose, elect by ballot three persons to hold office, one until the expiration of three years, one until the expiration of two years and one until the expiration of one year from the next succeeding annual town meeting, to constitute a board of water commissioners, and at each annual town meeting thereafter one such commissioner shall be elected by ballot for the term of three years. All of the authority granted to the said town by this act and not otherwise specifically provided for shall be vested in said water commissioners, who shall be subject, however, to such instructions, rules and regulations as the town may impose by its vote. A majority of said 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 the town at any legal town meeting called for the purpose. Any such vacancy may be filled temporarily by a majority vote of the selectmen, and the person so appointed shall hold office until the town fills the vacancy in the manner provided herein.

SECTION 9. Said commissioners shall fix just and 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 applied to defraying all operating expenses, interest charges and payments on 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 providing for the aforesaid charges it shall be used for such new construction as the water commissioners may determine

Vacancies, how filled.

To fix rates, etc.

Net surplus, how applied.

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 town appropriates and provides money therefor. Said commissioners shall annually, and as often as the town may require, render a report upon the condition of the works under their charge and an account of their doings, including an account of receipts and expenditures.

SECTION 10. This act shall take effect upon its ac- Act to be ceptance by the voters of the said town present and voting voters, etc. thereon at a meeting called for the purpose within three years after its passage; but the number of meetings so called in any one year shall not exceed three. For the purpose of being submitted to the voters as aforesaid this act shall take effect upon its passage.

Approved May 4, 1915.

(1855, 165.) AN ACT RELATIVE TO A BUILDING TO BE ERECTED BY THE

Chap.323 FALL RIVER FIVE CENTS SAVINGS BANK FOR ITS USE. Be it enacted, etc., as follows:

SECTION 1. The Fall River Five Cents Savings Bank Fall River is hereby authorized to invest a sum not exceeding two Savings Bank hundred and twenty-five thousand dollars in the construction may.director

building for its and equipment of a building for the transaction of its busi- use. ness. SECTION 2. This act shall take effect upon its passage.

Approved May 5, 1915.

(1915, 184, Spec.) AN ACT RELATIVE TO APPROPRIATIONS BY THE CITY OF

Chap.324 BOSTON TO TAKE THE PLACE OF TOLLS FOR THE USE OF THE EAST BOSTON TUNNEL.

Be it enacted, etc., as follows:

SECTION 1. In determining the sum necessary for the appropriations city of Boston to appropriate annually from taxes to take by the city of the place of tolls for the use of the East Boston tunnel, this for the the sinking funds commissioners of the city shall take as use of the East

the place of
tolls for the
use of the East

Appropriations a basis for determination the annual interest and sinking Boston to take fund requirements of the bonds issued to pay for the con

struction of said tunnel, less the sum paid in the preceding Boston tunnel year by the Boston Elevated Railway Company as rental

under the lease of the tunnel.
SECTION 2. This act shall take effect upon its passage.

Approved May 5, 1915.

Appropriations, serial bonds.

Abolition of
Grade Cross-
ings.
Armories.

Development of the Port of Boston.

Chap.325 AN ACT MAKING APPROPRIATIONS FOR CERTAIN SERIAL

BONDS MATURING DURING THE PRESENT YEAR.
Be it enacted, etc., as follows:

The following sums are hereby appropriated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for the payment of certain serial bonds due the present year, to wit:

For Abolition of Grade Crossings, due November first, nineteen hundred and fifteen, thirty-four thousand dollars.

For Armories, due September first, nineteen hundred and fifteen, sixty thousand six hundred eighty-one dollars and five cents.

For the Development of the Port of Boston, due August first, nineteen hundred and fifteen, one hundred forty-seven thousand three hundred ninety-one dollars and seventy-five cents.

For Metropolitan Parks, Boulevards, one half, due January first, nineteen hundred and fifteen, one hundred seven

dollars and eleven cents. Prisons and

For Prisons and Hospitals, due November first, nineteen Hospitals.

hundred and fifteen, ninety-two thousand dollars.

For the Soldiers' Gratuity, due August first, nineteen hundred and fifteen, forty-nine thousand dollars.

For State Highways, due April first and October first, nineteen hundred and fifteen, three hundred three thousand five hundred five dollars and ten cents.

For State House Construction, due October first, nineteen hundred fifteen, thirty-five thousand one hundred and forty-three dollars.

For the Suffolk County Court House, due March first and September first, nineteen hundred and fifteen, ten thousand three hundred thirty-three dollars and thirty-three cents.

Approved May 5, 1915.

Metropolitan Parks, Boulevards.

Soldiers'
Gratuity.

State Highways.

State House
Construction.

Suffolk County
Court House.

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