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For the education of deaf pupils of the Commonwealth Education of in the schools designated by law, the sum of seven thou- deaf pupils. sand nine hundred nine dollars and fifty-five cents.

For current expenses at the state farm, the sum of three State farm. thousand two hundred fifty-four dollars and eighteen

cents.

of district

penses.

For contingent expenses in the office of the chief of Office of chief the district police, the sum of one hundred twenty-five police, exdollars and ninety-nine cents. For travelling expenses of the trustees of the Massa- Trustees of chusetts Agricultural College, the sum of one hundred Agricultural fifty-six dollars and thirty-four cents.

Massachusetts

College.

spectors, expenses.

For expenses of the railroad inspectors, the sum of one Railroad inhundred dollars and forty-eight cents. For expenses in connection with boarding out younger Boarding out girls from the state industrial school for girls, the sum from state in of ninety-eight dollars and forty-one cents.

younger girls

dustrial school.

School for the

For the support of state paupers at the Massachusetts Massachusetts School for the Feeble-minded, the sum of eight hundred Feeble-minded. eighteen dollars and seventy-three cents.

adulteration of

For expenses in preventing the adulteration of food Preventing and drugs, the sum of one hundred seven dollars and food and drugs, sixty-eight cents.

SECTION 2. This act shall take effect upon its passage.
Approved February 25, 1902.

AN ACT TO AUTHORIZE THE TOWN OF HAMILTON TO SUPPLY ITSELF
AND ITS INHABITANTS WITH WATER.

Be it enacted, etc., as follows:

SECTION 1. The town of Hamilton may supply itself and its inhabitants with water for the extinguishment of fires and for domestic, manufacturing and other purposes; may establish fountains and hydrants and relocate or discontinue the same; and may regulate the use of such water and fix and collect rates to be paid for the use of the

same.

expenses.

Chap.122

Town of Hamil

ton may supply

itself with

water, etc.

tain waters,

SECTION 2. Said town, for the purposes aforesaid, May take cermay take, by purchase or otherwise, and hold the waters lands, etc. of any streams, ponds or springs, wholly within the limits. of said town, and the water rights connected therewith, within said limits, and may take from the Chebacco lakes in the towns of Essex and Hamilton so much of the waters thereof as it may desire, and may also obtain and take

Proviso.

May erect structures, lay pipes, etc.

water by means of bored, driven, artesian or other wells, on any land within said town of Hamilton: provided, that no source of water supply shall be taken under this act for domestic purposes without the recommendation and advice of the state board of health. Said town of Hamilton may hold and convey said water through said town, and may take and hold, by purchase or otherwise, all lands, rights of way and easements, within said towns of Hamilton and Essex, necessary for holding, storing, purifying and preserving such water and for conveying the same to any part of said town of Hamilton; and may erect on the lands thus taken, purchased or held, proper dams, reservoirs, buildings, fixtures and 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 conduits, pipes and other works, under or over any lands, water courses, railroads or public or private ways, and along any such way in such manner as not unnecessarily to obstruct the same; and for the purpose of constructing, maintaining and repairing such conduits, pipes and other works, and for all proper purposes of this act, said town may dig up any such lands, and may enter upon and dig up any such ways in such manner as to cause the least hindrance to public travel thereon. Title to land to The title to all land taken or purchased under the provi

vest in town,

etc.

Description of lands, etc., to be recorded.

sions of this act shall vest in said town, and the land so taken may be managed, improved and controlled by the board of water commissioners hereinafter provided for, in such manner as they shall deem for the best interests of said town. 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 board of railroad commissioners.

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, otherwise than by purchase, file and cause to be recorded in the registry of deeds for the southern district of 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 water commissioners hereinafter provided for.

SECTION 4. Said town shall pay all damages to prop- Damages. erty sustained by any person or corporation by the taking of any lands, right of way, water, water sources, water rights or easement, or by any other thing done by said. town under the authority of this act. Any person or corporation sustaining damages as aforesaid under this act, who fails to agree with said town as to the amount of damages sustained, may have the damages assessed and determined in the manner provided by law when land is taken for the laying out of highways, on making application at any time within the period of two years from the taking of such land or other property or the doing of other injury under the authority of this act; but no such application shall be made after the expiration of said two years. No application for the 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 the authority of this act.

tender any sum

etc.

SECTION 5. In every case of a petition to the superior Town may court for an assessment of damages the said town may for damages, tender to the petitioner or his attorney any sum or may bring the same into court to be paid to the petitioner for the damages by him sustained or claimed in his petition, or may in writing offer to be defaulted and that damages may be awarded against it for the sum therein expressed, and if the petitioner does not accept such sum, with his costs up to that time, but proceeds in his suit, and does not recover greater damages than were so offered or tendered, not including interest on the sum recovered in damages from the date of such offer or tender, the town shall have judgment for its costs after said date, for which execution shall issue; and the petitioner, if he recovers damages, shall be allowed his costs only to the date of such offer or tender.

ton Water Loan.

SECTION 6. Said town may, for the purpose of paying Town of Hamilthe necessary expenses and liabilities incurred under the provisions of this act, issue from time to time bonds, notes or scrip to an amount not exceeding in the aggregate one hundred thousand dollars. Such bonds, notes or scrip shall bear on their face the words, Town of Hamilton Water Loan, and shall be payable at the ex

Proviso.

Sinking fund.

May provide for annual pay

piration of periods not exceeding thirty years from the date of issue, shall bear interest payable semi-annually, at a rate not exceeding four per cent per annum, and shall be signed by the treasurer of the town and countersigned by the water commissioners hereinafter provided for. Said town may sell such securities at public or private sale, or pledge the same for money borrowed for the purpose of this act, and upon such terms and conditions as it may deem proper: provided, that such securities shall not be sold for less than the par value thereof. Said town shall provide at the time of contracting said loan for the establishment of a sinking fund, and shall annually contribute to such fund a sum sufficient with the accumulations thereof to pay the principal of such loan at maturity. Said sinking fund shall remain inviolate and pledged to the payment of said loan and shall be used for no other purpose.

SECTION 7. Said town instead of establishing a sinkments on loan. ing fund may at the time of authorizing said loan provide for the payment thereof in such annual proportionate payments as will extinguish the same within the time prescribed in this act; and when such vote has been passed the amount required thereby shall without further vote be assessed by the assessors of said town in each year thereafter until the debt incurred by said loan shall be extinguished, in the same manner as other taxes are assessed under the provisions of section thirty-seven of chapter twelve of the Revised Laws.

Town to raise a certain sum by taxation annually.

Penalty for corruption of waters, etc.

SECTION 8. Said town shall raise annually by taxation a sum which with the income derived from water rates will be sufficient to pay the current annual expenses of operating its water works and the interest as it accrues on the notes, bonds and scrip issued as aforesaid by said town, and such contributions to the sinking fund and payments on the principal as may be required under the provisions of this act.

SECTION 9. Whoever uses any water taken under this act without the consent of said town, or wilfully or wantonly corrupts, pollutes or diverts any of the waters taken or held by said town pursuant to the provisions of this act, or destroys or injures any structure, work or other property owned, held or used by said town under the authority and for the purposes of this act, shall forfeit and pay to said town three times the amount of damages

assessed therefor, to be recovered in an action of tort; and upon conviction of any of the above wilful or wanton acts shall be punished by a fine not exceeding three hundred dollars or by imprisonment not exceeding one year.

Liability for

payment of rent

for use of water.

sioners, elec

SECTION 10. The occupant of any tenement shall be liable for the payment of the rent for the use of water in such tenement, and the owner shall also be liable in case of non-payment by the occupant, for all sums due for the use of water under this act, to be collected in an action of contract in the name of the town of Hamilton. SECTION 11. Said town shall after the acceptance Water commisof this act, at a legal meeting called for the purpose tion, terms, elect by ballot three persons to hold office, one until the etc. 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 a term of three years. All the authority granted to the town by this act and not otherwise specially provided for shall be vested in said board of water commissioners, who shall be subject however to such instructions, rules and regulations as said town may impose by its vote. The said commissioners shall be trustees of the sinking fund herein provided for and a majority of said commissioners shall constitute a quorum for the transaction of business relative both to the water works and to the sinking fund. Any vacancy occurring in Vacancy. said board from any cause may be filled for the unexpired term by said town at any legal meeting held for the purpose.

loan, etc.

SECTION 12. Said commissioners shall fix such prices Payment of or rents for the use of water as shall produce annually as near as may be a net surplus over operating expenses and interest charges equal to two per cent of the total amount of the bonds, notes or scrip issued under this act, after paying all current expenses of operating the water works and interest upon loans, and after payment of all expenses for new construction, not exceeding two thousand dollars in any one year after the original construction. The sinking fund shall be set apart for the payment and redemption of said water loan, and shall remain inviolate and pledged to the payment of said loan and shall be used for no other purpose. The net surplus aforesaid

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