AN ACT TO CHAPTER 144. ESTABLISH THE SALARY OF THE ASSISTANT REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY OF SUFFOLK. THE assistant register of probate and insolvency for the county of Salary. Suffolk, from and after the first day of January in the year eighteen hundred and eighty-two, shall receive an annual salary of two thousand dollars. April 10, 1882. CHAPTER 145. AN ACT TO INCORPORATE THE GARDNER WATER COMPANY. SECTION 1. Solon L. Wiley, George William Ballou, Walter Burn- Corporators. ham and Edward C. Cooke, their associates and successors, are made a corporation by the name of the Gardner Water Company, for the Name and purpose of furnishing the inhabitants of Gardner with water for the purpose. extinguishment of fires, and for domestic and other purposes, with all duties. the powers and privileges, and subject to all the duties, restrictions, Powers and and liabilities set forth in all general laws which now are or hereafter may be in force applicable to such corporations. SECT. 2. Said corporation for the purpose aforesaid may take, hold, May take water and convey into and through the town of Gardner, or any part thereof, of Crystal Lake. the water, so far as may be necessary for the purpose, of any spring or springs, or of Crystal Lake, so called, within said town, and the waters which flow into and from the same, together with any water rights connected therewith; and may take and hold by purchase or otherwise any water rights connected therewith and any real estate necessary for the preservation and purity of such waters, or for forming any dams or reservoirs to hold the same, or for laying and maintaining aqueducts and pipes for distributing the waters so taken and held; and may lay its water pipes through any private lands with the May lay water right to enter upon the same and dig therein for the purpose of making private lands. pipes through all necessary repairs or service connections; and for any of the purposes aforesaid may carry its pipes under or over any water-course, street, railroad, highway, or other way, in such manner as not unnecessarily to obstruct the same; and may, under the direction of the selectmen or road commissioners, enter upon and dig up any road or May enter upon other way for the purpose of laying or repairing its aqueducts, pipes or other works, and in general may do any other acts and things convenient or proper for carrying out the purposes of this Act. SECT. 3. Said corporation shall within sixty days after taking any land or water rights under the provisions of this Act, file and cause to be recorded in the registry of deeds for the county of Worcester a description of any land or water rights so taken sufficiently accurate for identification, with a statement of the purposes for which they are so taken, and the title of the land and water rights so taken shall vest in said corporation. and dig up roads." To have record ed in the registry of deeds a description of the land or wa ter rights taken. SECT. 4. Any person injured in property by any of the acts of said Assessment of corporation under this Act, and failing to agree with said corporation damages. as to the amount of damages, may have the same assessed and determined in the manner provided when land is taken for highways; but no application shall be made to the county commissioners for the as May establish water rates. Real estate. Capital stock and bonds. Penalty for diverting water or rendering it impure. Company may erty of the purchase propGardner Water Works. Town may pur of the Gardner Water Company. sessment of damages for the taking of water rights until the water is actually taken and diverted by said corporation. Any person whose water rights are thus taken or affected may apply as aforesaid within three years from the time the water is actually taken or diverted, but not thereafter; and no suit for injury done under this Act shall be brought after three years from the date of the receipt of the alleged injury. SECT. 5. Said corporation may distribute the water through said town of Gardner; may establish and fix from time to time the rates for the use of said water, and collect the same; and may make such contracts with said town, or any fire district that may hereafter be established therein, or with any individual or corporation, to supply water for the extinguishing of fires or for other purposes, as may be agreed upon by said town or such fire district, individual, or corporation and said corporation. SECT. 6. Said corporation may hold real estate necessary for the purposes set forth in this Act; and the whole capital stock shall not exceed one hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each. Said corporation may at any time issue bonds to an amount equal to the capital stock actually paid in, and secure the same by mortgage. SECT. 7. If any person shall use any of the water taken under the authority of this Act without the consent of said corporation, or shall wantonly or maliciously divert the water or any part thereof so taken, or corrupt the same, or render it impure, or destroy or injure any dam, aqueduct, pipe, conduit, hydrant, machinery or other works or property held, owned, or used by said corporation under the authority of and used for the purposes of this Act, he shall forfeit and pay to said corporation three times the amount of damage or injury caused thereby, to be recovered in an action of tort; and on conviction of either of the wanton or malicious acts aforesaid may be punished by a fine not exceeding three hundred dollars, or by imprisonment in jail not exceeding one year. SECT. 8. Said corporation may purchase from the Gardner Water Works, or other owner or owners, the aqueducts, pipes, hydrants, machinery, reservoir, pumping station, and other works, property, estate, and privileges in said town of Gardner now owned or in process of construction by said Gardner Water Works, and by such purchase shall become entitled to all the rights and privileges and subject to all the liabilities and duties appertaining and belonging to said Gardner Water Works. SECT. 9. The town of Gardner shall have the right at any time chase property after the expiration of twenty years from the passage of this Act to purchase the corporate property and all the rights and privileges of said Gardner Water Company, at a price which may be mutually agreed upon between said corporation and said town; and the said corporation is authorized to make sale of the same to said town. In case said corporation and said town are unable to agree, then the price to be paid shall be determined by three commissioners, to be appointed by the Supreme Judicial Court upon application of either party and notice to the other, whose award when accepted by said court shall be binding upon both parties. This authority to purchase said franchise and property is granted on condition that the same is assented to by said town by a two-thirds vote of the voters present and voting thereon at an annual meeting, or at a legal meeting called for that purpose. Damages. SECT. 10. Any owner of land or water rights taken under this Act, upon application by either party for an estimate of damages, may require said corporation to give security, satisfactory to the county com missioners for the county of Worcester, for the payment of all damages and costs which may be awarded to him for the land or other property taken. If upon petition of such owner, with notice to the adverse party, the security appears to the said county commissioners to have become insufficient, they shall require said corporation to give further security to their satisfaction, and all the right or authority of the corporation to enter upon or use said land and other property, except for making surveys, shall be suspended until it gives the security required. SECT. 11. This Act shall take effect upon its passage. April 10, 1882. CHAPTER 146. AN ACT TO INCLUDE THE TOWN OF WINTHROP IN THE JUDI- Winthrop included in dis SECTION 1. The judicial district of the Municipal Court of the East Town of Boston district is enlarged so as to include the town of Winthrop. SECT. 2. This Act shall take effect upon its passage. April 10, trict. 1882. CHAPTER 147. AN ACT TO ESTABLISH THE BOUNDARY LINE BETWEEN THE TOWNS OF PETERSHAM AND DANA. SECTION 1. The boundary line between the towns of Petersham Boundary line and Dana is established to run as follows, namely: Beginning at the established. point of intersection of the present boundary line between said towns with the boundary line of the town of New Salem, and thence running in a straight line a little south of east about six hundred and thirtyeight rods to a monument on the westerly side of the Whitney Road, so called; thence easterly in a straight line about four hundred and thirty-two rods to a monument on, the east side of the Shattuck Road, so called; thence a little east of south in a straight line about two hundred and ninety-four rods to a monument near the dwelling house now or late of Hosea Carter, on the present boundary line between said towns of Petersham and Dana; and thence on the said present boundary line, as it now runs, to the point of its intersection with the boundary line of the town of Barre. SECT. 2. This Act shall take effect upon its passage. April 10, 1882. CHAPTER 148. AN ACT ESTABLISHING THE SALARIES OF THE CLERKS OF THE SECTION 1. The salary of the first clerk of the board of commis- Salaries. sioners of savings banks shall be thirteen hundred dollars a year; the salary of the extra clerk of the board of commissioners of savings banks shall be seven hundred dollars a year. So much of section two of chapter one hundred and six- Filing of locations by rail road companies, St. 1878, ch. 135, amended. CHAPTER 149. AN ACT IN RELATION TO FILING OF LOCATIONS BY RAILROAD SECTION 1. Chapter one hundred and thirty-five of the Acts of the year eighteen hundred and seventy-eight is amended so that the notice to railroad corporations authorized by section one may be given at any time within six months after the passage of this Act, and thereupon the corporation notified shall within one year from such notice file a location of its road or of such portion thereof as the notice requires, with the same effect from the date of filing as if it had been filed under the provisions of said chapter. SECT. 2. This Act shall take effect upon its passage. April 12, 1882. Seats to be proemployés. CHAPTER 150. AN ACT FOR THE PRESERVATION OF THE HEALTH OF FEMALES SECTION 1. Every person or corporation employing females in any vided for female manufacturing, mechanical or mercantile establishment in this Commonwealth shall provide suitable seats for the use of the females so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed. Penalty. SECT. 2. A person or corporation violating any of the provisions of this Act shall be punished by fine of not less than ten dollars nor more than thirty dollars for each offence. April 12, 1882. Disposition of lands Common of Mashpee. St. 1870, ch. 293, § 6. CHAPTER 151. AN ACT RELATING TO THE DISPOSAL OF THE REMAINING LANDS SECTION 1. In addition to the methods provided by section six of chapter two hundred and ninety-three of the Acts of the year eighteen hundred and seventy for disposing of the common lands in the town of Mashpee therein mentioned, any justice of the superior court may direct the commissioners appointed under said chapter to appraise all said lands remaining undisposed of, and may authorize the said commissioners to sell at private sale and convey the same, or any portion thereof, to any of the persons authorized to receive the proceeds of St. 1878, ch. 248, sales of said common lands under section one of chapter two hundred § 1. and forty-eight of the Acts of the year eighteen hundred and seventy eight, at a price not less than such appraised valuation; and the deeds of said commissioners shall convey valid titles in fee to the respective grantees therein. The said commissioners shall without any further order of the court divide the proceeds of all sales of such lands in conformity with the provisions of said section one. SECT. 2. This Act shall take effect upon its passage. April 12, 1882. CHAPTER 152. AN ACT TO AUTHORIZE THE CITY OF HOLYOKE TO CONSTRUCT main drain or common sewer. SECTION 1. The city of Holyoke is authorized to construct a main May construct a drain or common sewer in said city, beginning at some convenient point near the intersection of Front Street with Appleton Street, and thence running southerly through so much of the entire remaining length of said Front Street and the land southerly thereof as may be deemed necessary, and emptying into the Connecticut River. Said main drain or common sewer shall be constructed of such material and dimensions and within such time as the mayor and aldermen of said city shall determine. SECT. 2. For the purpose of constructing said main drain or com- May borrow $50,000. mon sewer the said city is authorized to borrow a sum of money, not exceeding fifty thousand dollars, to be applied towards the cost and expenses incurred by reason thereof; and for said purpose the city council of said city shall have authority to issue notes, scrip, bonds, or certificates of debt, to an amount not exceeding the aforesaid sum, payable in instalments of not less than five thousand dollars each year, and bearing interest at a rate not exceeding six per cent per annum. Said city council may sell or pledge the same or any part thereof or make any other proper disposition of the same from time to time for the above purpose. betterments. SECT. 3. Nothing in this Act shall be so construed as to impair Assessments for any right which said city now has of assessing a proportional part of the charge of making and constructing main drains and common sewers upon every person who enters his particular drain therein, or who by more remote means receives benefit thereby. SECT. 4. This Act shall take effect upon its passage. April 12, 1882. CHAPTER 153. AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF MIDDLESEX COUNTY TO ALTER, IMPROVE, AND REPAIR THE correction at SECTION 1. The county commissioners for the county of Middlesex Remodelling of are authorized to alter, improve, and repair the house of correction at the house of Cambridge, at an expense not exceeding one hundred thousand Cambridge. dollars, and for said purposes may borrow a sum not exceeding one hundred thousand dollars, and may employ the convicts in said house of correction so far as their labor may be used to advantage. |