Liability of city of Fitchburg for damages. No application to be made for damages until water is actu ally withdrawn. City of Fitchburg Water Loan, not to exceed $300,000. May sell securities at public or private sale, etc. purchase, file and cause to be recorded in the registry of deeds for the northern district of the county of Worcester, a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same are taken, signed by the water commissioners of said city. SECTION 7. The said city shall pay all damages sustained by any person or corporation in property by the taking of any land, right of way, water, water source, water right or easement, or by any other thing done by said city under the authority of this act, except that said city shall not be liable to pay any damages resulting from taking water from said Wachusett lake and Meetinghouse pond other than the state itself would be legally liable to pay. Any person or corporation entitled to damages as aforesaid under this act, who fails to agree with 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 taken for the laying out of highways, by making application at any time within the period of three years from the taking of such land or other property or the doing of any other injury, under the authority of this act; but no such application shall be made after the expiration of said three years. No application for assessment of damages shall be made for the taking of any water, Water right or injury thereto, until the water is actually withdrawn or diverted by said city under the authority of this act. SECTION 8. The said city may, for the purpose of paying the 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 three hundred thousand dollars; such bonds, notes and scrip shall bear on their face the words, City of Fitchburg Water Loan; shall be payable at the expiration of periods not exceeding thirty years from the date of issue; shall bear interest payable semi-annually at a rate not exceeding four per centum per annum, and shall be signed by the treasurer and countersigned by the mayor. Said city may sell such securities at public or private sale or pledge the same for money borrowed for the purposes of this act, but the same shall not be sold or pledged for less than the par value thereof. The provisions of chapter twenty-nine of the Public Statutes and of chapter one hundred twenty-nine of the acts of the year eighteen fully corrupting water. hundred eighty-four shall in all other respects apply to SECTION 10. This act shall take effect upon its passage. AN ACT TO SUPPLY THE TOWN OF ORANGE WITH WATER. Chap. 61 Orange may supply itself with water. waters of Be it enacted, etc., as follows: SECTION 1. The town of Orange may supply itself Town of and its inhabitants with water for the extinguishment of fires and for domestic and other purposes; may establish fountains and hydrants, relocate or discontinue the same; may regulate the use of such water and fix and collect rates to be paid for the use of the same. SECTION 2. The said town, for the purposes aforesaid, May take the may take, by purchase or otherwise, and hold the waters North pond, etc. of North pond, so-called, or of any other ponds, springs, streams, artesian or driven wells or filter galleries, within the limits of said town of Orange, and the water rights and water sources connected therewith; and also all lands, rights of way and easements necessary for holding and preserving such water and for conveying the same to any part of said town of Orange; and may erect on the land. thus taken or held, proper dams, 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 down conduits, pipes and May lay down other works, under or over any lands, water-courses, and other 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 conduits, pipes works. May dig up lands, etc. To file in the registry of deeds within sixty days, a description of lands, etc., taken. Payment of damages by the town. No application for damages to be made until the water is actually taken. Orange Water 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, under the direction of the board of selectmen of the town in which any such ways are situated, may enter upon and dig up any such ways in such manner as to cause the least hindrance to public travel on such ways. SECTION 3. The said town shall, within sixty 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 county and district within which such lands or other property is situated, 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. The said town shall pay all damages sustained by any person or corporation in property, by the taking of any land, right of way, water, water source, water right or easement, or any other thing done by said town under the authority of this act. Any person or corporation entitled to 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, by making application at any time within the period of three years from the taking of such land or other property or the doing of any other injury under the authority of this act; but no application shall be made after the expiration of said three years. No application for assessment of damages shall be made for the taking of any water, water right or any injury thereto, until the water is actually withdrawn or diverted by said town under the authority of this act. SECTION 5. The said town may, for the purpose of ceed $125,000. paying the necessary expenses and liabilities incurred under the provisions of this act, issue from time to time. bonds, notes or scrip to any amount not exceeding in the aggregate one hundred and twenty-five thousand dollars; such bonds, notes and scrip shall bear on their face the words, Orange Water Loan; shall be payable at the expiration of periods not exceeding thirty years from the date of issue; shall bear interest payable semi-annually at a rate not exceeding six per centum per annum, and interest. shall be signed by the treasurer and be countersigned by the selectmen of the town. The 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. The Payment of said town shall pay the interest on said loan as it accrues, Sinking fund to and shall provide at the time of contracting said loan for be established. 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 said loan at maturity. The said sinking fund shall remain inviolate and pledged to the payment of said loan and shall be used for no other purpose. payment of loan portionate pay ments. SECTION 6. The said town instead of establishing a May provide for sinking fund may, at the time of authorizing said loan, in annual proprovide 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 town shall be extinguished, in the same manner as other taxes are assessed under the provisions of section thirty-four of chapter eleven of the Public Statutes. amount of the established. SECTION 7. The return required by section ninety-one Return to state of chapter eleven of the Public Statutes shall state the sinking fund amount of any sinking fund established under this act, and if none is established whether action has been taken in accordance with the provisions of section six of this act, and shall also state the amounts raised and applied thereunder for the current year. ally by taxation water rates to etc. SECTION 8. The said town shall raise annually by To raise annutaxation a sum which, with the income derived from the sufficient with water rates, will be sufficient to pay the current annual income from expenses of operating its water works and the interest as meet expenses, it accrues on the bonds, notes and scrip issued as aforesaid by said town, and to make such contributions to the sinking fund and payments on the principal as may be required under the provisions of this act. wilfully cor SECTION 9. Whoever wilfully or wantonly corrupts, Penalty for pollutes or diverts any of the waters taken or held under rupting or this act, or injures any structure, work or other property diverting water. owned, held or used by said town under the authority and for the purposes of this act, shall forfeit and pay to Board of water commissioners to be elected. To be trustees of the sinking fund. Subject to acceptance by a two thirds vote at any time within three years. said town three times the amount of damages assessed therefor, to be recovered in an action of tort; and upon conviction of either 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. SECTION 10. The said town shall, after the acceptance of this act, at a legal 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 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 said board from any cause may be filled for the remainder of the unexpired term by said town at any legal town meeting called for the purpose. SECTION 11. This act shall take effect upon its acceptance by a two thirds vote of the voters of said town present and voting thereon at any legal town meeting called for the purpose within three years from its passage; but the number of such meetings shall not exceed three in any one year. At such meetings the votes shall be taken by written or printed ballots, and the polls shall be kept open at least four hours. At such meetings the selectmen shall preside, and in receiving said ballots the check-list shall be used in the same manner as it is used at elections of national, state and county officers. Approved March 15, 1892. Chap. 62 AN ACT RELATIVE TO THE REMOVAL OF TRUANTS TO UNION OR Removals to union or county COUNTY TRUANT SCHOOLS. Be it enacted, etc., as follows: SECTION 1. Section one of chapter four hundred and truant schools. twenty-six of the acts of the year eighteen hundred and |