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conferred and imposed upon the deputy state fire marshal, at a salary of fifteen hundred dollars a year; and not more than six additional aids, each at a salary of one thousand dollars a year. The chief of the district police may appoint for service in said department a clerk and a stenographer, each at a salary of twelve hundred dollars a year. In the organization of the fire marshal's department any person now in the service of the state fire marshal may be appointed or employed without civil service examination. The chief of the district police may at his discretion exercise any of the powers and perform any of the duties of the deputy chief, and may at any time detail any of the members of the detective department of the district police for service in the fire marshal's department. The deputy chief shall submit the Deputy chief annual report of his official action to the chief of the district police, who shall transmit the same to the insurance commissioner.

to make report.

effect.

SECTION 3. So much of section two of this act as au- When to take thorizes the appointment of the members of the said fire marshal's department of the district police shall take effect upon the first day of May in the year nineteen hundred and two, and the remainder of this act shall take effect as soon as the members of said department are appointed and qualified. Approved March 4, 1902.

AN ACT RELATIVE TO THE RECOVERY FOR INJURIES TO PROPERTY Chap.143

CAUSED BY THE REBUILDING OF BROADWAY BRIDGE IN THE CITY

OF BOSTON.

Be it enacted, etc., as follows:

amended.

SECTION 1. Section one of chapter four hundred and 1900, 452, § 1, fifty-two of the acts of the year nineteen hundred is hereby amended by adding at the end thereof the words: - Any person injured in his property, whether as owner, lessee or mortgagee, by the change of grade of said Broadway bridge under authority of this act, may have his damages therefor determined by a jury and paid by the city of Boston, under the same rules of law as damages for the change of grade of any highway in said city are determined, -so as to read as follows: Section 1. The Broadway New England Railroad Company shall pay into the treas- city of Boston ury of the city of Boston the amount of money which it to be rebuilt, would have been obliged to pay for raising Broadway

etc.

Damages.

bridge, so-called, and the approaches thereto in said city,
in the manner recently authorized by the board of alder-
men of the city on the petition of said company, and
on such payment the city engineer of the city shall re-
build said Broadway bridge and the approaches thereto
at grades no lower than those to which the bridge was so
authorized to be raised, and according to plans approved
by the mayor of the city. Any person injured in his
property, whether as owner, lessee or mortgagee, by the
change of grade of said Broadway bridge under authority
of this act, may have his damages therefor determined
by a jury and paid by the city of Boston, under the same
rules of law as damages for the change of grade of any
highway in said city are determined.

SECTION 2. This act shall take effect upon its passage.
Approved March 4, 1902.

Chap.144 AN ACT TO AUTHORIZE THE TOWN OF WELLESLEY TO ELECT A

Town of
Wellesley to

elect a board of municipal light

water and

commissioners,

etc.

Vacancy.

Board of water commissioners

etc.

BOARD OF WATER AND MUNICIPAL LIGHT COMMISSIONERS.

Be it enacted, etc., as follows:

SECTION 1. The town of Wellesley shall, within one year after this act takes effect, elect by ballot a board of water and municipal light commissioners, to consist of three persons, who shall hold office from their election for terms ending one year, two years and three years, respectively, from the date of the meeting at which they are elected, if the same is an annual meeting, or, if the same is a special meeting, for terms ending one year, two years and three years, respectively, from the date of the annual meeting next following their election, and, in either case, until their successors are elected; and at each annual town meeting thereafter said town shall elect one member of said board to serve for three years or until his successor is elected. If a vacancy shall occur in said board said town may at any meeting called for the purpose elect a person to fill said vacancy.

SECTION 2. Upon and by the election of a board of to be abolished, water and municipal light commissioners under section one of this act the board of water commissioners established under chapter one hundred and sixty-six of the acts of the year eighteen hundred and eighty-three shall be abolished, and the selectmen of said town shall cease to exercise such powers and to be subject to such duties,

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Powers and board of water light commis

duties, etc., of and municipal

sioners.

liabilities and penalties as at the time of such election
are conferred or imposed by general laws upon municipal
light boards, and thereupon all the powers, rights, duties
and liabilities of said board of water commissioners shall
be transferred to said board of water and municipal light
commissioners. Said board of water and municipal light
commissioners shall also have all the powers and be sub-
ject to all the duties, liabilities and penalties which at
the time of such election are or thereafter may be con-
ferred or imposed by general laws upon municipal light
boards. No contracts, rights, liabilities or suits existing
at the time of such election shall be affected in any way,
but said board of water and municipal light commissioners
shall, in all respects and for all purposes whatsoever, be
the lawful successor of said board of water commissioners
and of said selectmen acting as aforesaid, respectively.
SECTION 3. This act shall take effect upon its ac- when to take
ceptance by said town at a legal meeting called for that
Approved March 4, 1902.

purpose.

AN ACT TO AMEND THE CHARTER OF THE SCITUATE WATER COM-
PANY AND TO AUTHORIZE SAID COMPANY TO ACQUIRE ADDITIONAL
WATER SUPPLY.

Be it enacted, etc., as follows:

effect.

Chap.145

amended.

SECTION 1. Section two of chapter three hundred 1893, 391, § 2, and ninety-one of the acts of the year eighteen hundred and ninety-three is hereby amended by inserting after the word "brook", in the third line, the words: and any other body or bodies of water, by striking out the words "on the southerly side of Willow street and easterly of the tracks of the Old Colony Railroad Company", in the seventh, eighth and ninth lines, by striking out the word "and", in the thirteenth line, and inserting in place thereof the words: -provided, that no source of water supply for domestic purposes, and no lands necessary for preserving the quality of such water, shall be taken without first obtaining the advice and approval of the state board of health. Said town may also,and by adding at the end of said section the following words: The company shall not have the right however, except by agreement with the owner thereof, to take Beaver Dam spring, so-called, or any land now belonging to Albert and Fannie M. Clapp on the westerly

Company may take certain waters, lands etc.

Proviso.

May erect structures, lay

side of the track of the New York, New Haven and Hartford Railroad Company, nor any of the adjoining land now owned by said Clapps lying on the northerly side of Willow street and between said track and Satuit brook, so-called, and situated at a distance of more than two hundred feet westerly from said brook, so as to Scituate Water read as follows:- Section 2. Said corporation, for the purposes aforesaid, may lease, take, acquire by purchase or otherwise, and hold the waters of Satuit brook and any other body or bodies of water within the limits of said town of Scituate, and all water rights connected therewith, and obtain and take water by means of bored, driven, artesian or other wells, on land within the limits of said town of Scituate, and hold them and convey said waters through said town; and may also take and hold, by lease or otherwise, all lands, rights of way and easements necessary for holding and preserving such water and conveying the same to any part of said town: provided, that no source of water supply for domestic purposes, and no lands necessary for preserving the quality of such water, shall be taken without first obtaining the advice and approval of the state board of health. Said down conduits, town may also erect on the land thus taken or held proper dams, fixtures or other structures; and 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 may construct and lay down conduits, pipes and other works, over and under any lands, water courses, railroads, highways, town ways, public or private ways of any nature, kind or description, and along such ways, and in such manner as not unnecessarily to obstruct the same; and for the purpose of constructing, maintaining and repairing said conduits, pipes and other works, and for all proper purposes of this act, said corporation may dig up any such lands, and, under the direction of the board of selectmen of said town of Scituate, enter upon and dig up any such ways in such manner as to cause the least hindrance to public travel thereon. The right hereinbefore granted to dig up said lands and ways, to lease, take, acquire and hold waters and convey them through said town for the purpose of the establishment and maintenance of complete and effective water works, shall apply equally to waters now owned

pipes, etc.

tain land, etc.,

agreement.

by said persons named in section one of this act, or any of them, and to structures, dams, conduits and other appurtenances to complete and effective water works, now owned and laid by them or either of them. The company Not to take cer shall not have the right however, except by agreement except by with the owner thereof, to take Beaver Dam spring, socalled, or any land now belonging to Albert and Fannie M. Clapp on the westerly side of the track of the New York, New Haven and Hartford Railroad Company, nor any of the adjoining land now owned by said Clapps lying on the northerly side of Willow street and between said track and Satuit brook, so-called, and situated at a distance of more than two hundred feet westerly from said brook.

amended.

SECTION 2. Section four of said chapter three hun- 1893, 391, § 4, dred and ninety-one is hereby amended by striking out the last sentence thereof.

SECTION 3. This act shall take effect upon its passage.
Approved March 4, 1902.

AN ACT TO INCORPORATE THE SYMMES ARLINGTON HOSPITAL.

Be it enacted, etc., as follows:

Chap.146

ton Hospital

etc.

SECTION 1. George Y. Wellington, William N. Symmes ArlingWinn, Charles A. Dennett, Henry Hornblower, William incorporated, H. H. Tuttle and Omar W. Whittemore, all of Arlington, the trustees named in the last will of Stephen Symmes late of Arlington, and their associates and successors, are hereby made a corporation by the name of the Symmes Arlington Hospital, for the purpose of establishing and maintaining in the town of Arlington a hospital and a training school for nurses, or in lieu thereof a home for aged indigent married couples and women, under and in accordance with the terms and provisions of said will, and of otherwise executing and carrying out the trusts and purposes of said will; and said corporation shall have and exercise all the rights, powers, privileges and authority given to or vested in said trustees by said will, and shall also have and exercise all the powers and privileges and be subject to all the duties, restrictions and liabilities contained in all general laws now or hereafter in force relating to such corporations.

SECTION 2. The corporation shall consist of the afore- Membership. said incorporators and such other persons as may at any

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