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ties of a town or city in which an exhibition of such society is to be held, said town or city authorities shall assign for special service at such exhibition as many police officers or constables as may be necessary to preserve the peace and enforce the laws of the Commonwealth at such exhibition. Approved April 20, 1892.

Chap.181 AN ACT TO PROVIDE A BOARD OF TRUSTEES OF TOWN DONATIONS

Trustees of town donations of Concord.

To be elected at annual meetings.

Filling of vacancies.

Property to be managed and dispensed by the trustees.

OF THE TOWN OF CONCORD.

Be it enacted, etc., as follows:

SECTION 1. John S. Keyes, Henry J. Hosmer and Samuel Hoar, all of Concord in the county of Middlesex, shall constitute the trustees of town donations of the town of Concord until others are duly elected in their place. The term of office of said Keyes shall continue until the annual meeting of said town in the year nineteen hundred and one, of said Hosmer until such meeting in the year eighteen hundred and ninety-eight and of said Hoar until such meeting in the year eighteen hundred and ninety-five.

SECTION 2. At the annual meeting of said town in the year eighteen hundred and ninety-five, and in every third year thereafter, one member of said board of trustees shall be elected by ballot for the term of nine years and until his successor is chosen.

SECTION 3. A vacancy in said board shall be created by the death, the removal for cause by the supreme judicial court, the removal of his legal residence from said town, or the resignation in writing delivered to the selectmen, of any member of said board. Vacancies shall be filled by the election by ballot of new members for the remainder of the terms so vacated, at a meeting duly called and under an article in the warrant therefor specially notifying the voters of such vacancy and election.

SECTION 4. Said board shall take, hold, manage and dispense all the estates, real and personal, devised and bequeathed or given to said town of Concord for donations, now held by said Keyes, Hosmer and Hoar as trustees of town donations, and any and all donations for public or charitable objects hereafter made to said town and voted by said town to be so held, managed and dispensed by said board, and also any property conferred upon said board for the benefit of said town or any public or charitable objects therein. Said board may invest and reinvest all estate and

property, real and personal, in such other estates and securities as it may deem safe and proper.

Concord water

SECTION 5. Said board shall take, hold, manage and Sinking fund, dispose of the sinking fund for the payment of the Concord loan. water loan, now held by said Keyes, Hosmer and Hoar as trustees of town donations under and by virtue of chapter one hundred and eighty-eight of the acts of the year eighteen hundred and seventy-two.

SECTION 6. Said board shall take, hold and manage all sums of money deposited with the treasurer of said town for the care and preservation of cemetery lots, under the provisions of chapter eighty-two of the Public Statutes, and may invest the same in the Middlesex Institution for Savings or other savings banks in this Commonwealth, in separate accounts with each deposit, and shall pay over from the income thereof to the proper persons the sums necessary to carry out the purpose of said deposits.

Money depos.

ited for care of

cemetery lots.

SECTION 7. Said board is authorized to receive, hold Sleepy Hollow Cemetery fund. and manage the Sleepy Hollow cemetery fund in said Concord, a private fund established by individuals for the benefit of said cemetery, whenever authorized thereto by the present trustees of said fund and a majority of the donors thereof, or their legal representatives in writing, and to expend the income of the same according to the provisions of the original gift thereof.

nual report,

SECTION 8. Said board shall do all acts necessary or To make an proper to be done for the purpose of carrying into effect etc. the provisions of this act, and shall annually make a full report to said town of the amounts and investments of all said donations and deposits, and of their doings in relation thereto.

tions un.

SECTION 9. Nothing in this act contained shall be con- Terms of donastrued as restricting, enlarging or in any way changing the changed. terms of said donations.

ceptance by

SECTION 10. This act shall take effect upon its accept- Subject to acance by said town at a legal meeting duly called for that vote of town. purpose. Approved April 20, 1892.

AN ACT PROVIDING FOR THE APPOINTMENT OF A BOARD OF FIRE Chap.182

COMMISSIONERS FOR THE CITY OF MALDEN, AND DEFINING THEIR

POWERS AND DUTIES.

Be it enacted, etc., as follows:

commissioners

SECTION 1. The mayor and aldermen of the city of Board of fire Malden shall, in the month of January in the year eight- to be appointed.

etc.

Powers and duties.

Term of office, een hundred and ninety-three, appoint three persons to be fire commissioners, one to hold his office for three years, one for two years and one for one year from the first Monday of February succeeding his appointment, and shall thereafter annually in the month of January appoint one person for three years. The commissioners shall hold their office until others shall be chosen and qualified in their stead. Vacancies may be filled by the mayor and aldermen at any time, and removals may be made by them for cause. The persons so appointed shall constitute a board of fire commissioners. Said board shall establish a fire department for said city, to consist of such officers and members as said board shall from time to time determine. Said board shall appoint said officers and members and may remove any officer or member in their discretion. Said board shall fix the time of appointment and term of service of said officers and members, shall define their respective duties, and in general may make such rules and regulations as are or may be authorized by the laws pertaining to fire departments, concerning the conduct of said officers and members and the government of said department, the prevention and management of fires and the conduct of persons attending fires, and may affix penalties for any violation of such rules and regulations, or any of them, not exceeding the amount authorized by law for the breach of rules and regulations pertaining to fire departments. Said board shall have and exercise all other powers which have been conferred by law upon the city council or the mayor and aldermen, or which may hereafter be so conferred, in respect to the powers and duties of fire departments and the rules and regulations pertaining to fire departments. The board of fire engineers constituted and appointed by said board of fire commissioners, or the chief or head of the fire department constituted and appointed by said board in case no board of fire engineers shall be constituted by said board, shall have and exercise all the powers and be subject to all the duties which have been conferred or imposed by law upon boards of fire engineers or the chief or head of fire departments, or which may hereafter be so conferred or imposed by law. The engineer of said fire department in command at a fire shall have and exercise all the powers of firewards, including the powers conferred upon firewards by section three of chapter thirty-five of

Powers and duties of engineers.

the Public Statutes. Said board shall not incur or author- Expenditures. ize any expenditures without a previous appropriation therefor by the city council. The compensation of the Compensation. fire commissioners shall be fixed from time to time by the city council, but the city council may provide that said commissioners shall serve without compensation for such time as they may deem expedient.

169, § 16.

effect.

SECTION 2. Section sixteen of chapter one hundred and Repeal of 1881, sixty-nine of the acts of the year eighteen hundred and eighty-one is hereby repealed, said repeal to take effect on the first day of March in the year eighteen hundred and ninety-three. SECTION 3. So much of this act as requires the appoint- When to take ment of fire commissioners, and authorizes said board of fire commissioners to provide for the establishment of a fire department, to appoint the officers and members of said fire department and to make rules and regulations, shall take effect on the first Monday of January in the year eighteen hundred and ninety-three, but said board shall not exercise any further powers or be subject to any further duties pertaining to said office, nor shall any officer or member of said department appointed by said board enter upon his duties, until the first day of March in the year eighteen hundred and ninety-three.

Approved April 20, 1892.

AN ACT TO AUTHORIZE THE TOWN OF ANDOVER TO MAKE AN
ADDITIONAL WATER LOAN.

ANDOVER TO MAKE AN Chap.183

Be it enacted, etc., as follows:

additional water

SECTION 1. The town of Andover, for the purposes May make an mentioned in section five of chapter four hundred and loan. thirty-nine of the acts of the year eighteen hundred and eighty-seven, may issue bonds, notes or scrip to be denominated on the face thereof, Andover Water Loan, to an amount not exceeding forty thousand dollars in addition to the amounts heretofore authorized by law to be issued by said town for the same purposes; said bonds, notes or scrip to be issued upon the same terms and conditions and with the same powers as are provided in said act for the issue of the Andover water loan by said town.

SECTION 2. This act shall take effect upon its passage.
Approved April 20, 1892.

Chap.184 AN ACT PROVIDING FOR THE PAYMENT BY THE COMMONWEALTH

Burial expenses

of soldiers and

state institu

tions, etc.

OF THE BURIAL EXPENSES OF SOLDIERS AND SAILORS DYING IN
STATE INSTITUTIONS.

Be it enacted, etc., as follows:

SECTION 1. When expense is incurred by a city or sailors dying in town, under the provisions of chapter three hundred and ninety-five of the acts of the year eighteen hundred and eighty-nine, for the burial of a soldier, sailor or marine dying in a state institution situated in such city or town, or by the city of Chelsea for the burial of a soldier dying in the soldiers' home in said city, the entire expense so incurred, not exceeding thirty-five dollars in any one case, shall be reimbursed to said city or town from the treasury of the Commonwealth; and returns of such expenditure shall be made to the auditor of the Commonwealth in such manner as he shall prescribe.

SECTION 2. This act shall take effect upon its passage.
Approved April 20, 1892.

Chap.185 AN ACT TO PROVIDE AN ADDITIONAL WATER SUPPLY FOR THE CITY

Additional water supply

Pittsfield.

OF PITTSFIELD.

Be it enacted, etc., as follows:

SECTION 1. The city of Pittsfield is hereby authorized, for the city of by and through the agency of its board of public works, to take the waters of Hathaway brook, so-called, in the towns of Dalton and Washington, of Mill brook, so-called, in the towns of Lenox and Washington, and of Sikes brook, so-called, in the city of Pittsfield, and the waters which flow into and from said brooks, and to convey the same to, into and through the city of Pittsfield, for the purpose of furnishing an additional supply of water for the city of Pittsfield, and for public purposes; and for this purpose to take, by purchase or otherwise, any lands on or around said brooks, and any waters and water rights connected therewith, and to build and maintain all necessary dams and reservoirs and lay and maintain all necessary pipes, conduits and ditches, to connect the same with its present water works.

City to pay damages sustained.

SECTION 2. Said city shall be liable to pay all damages that may be sustained by any person or corporation in property by reason of such taking, and any person or corporation sustaining damages as aforesaid, who fails to agree with the board of public works of said city as to the amount of damages sustained, may have the damages assessed and determined in the manner provided by law when land is

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