Powers and duties. Net surplus, how applied. Report. Act to be submitted to voters, etc. prescribe the time and manner of payment. The income of the water works shall be applied to defraying all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued under authority of this act. If there should be a net surplus remaining after providing for the aforesaid charges it shall be used for such new construction as the water commissioners may determine upon, and in case a surplus should remain after payment for such new construction the water rates shall be reduced proportionately. No money shall be expended in new construction by the water commissioners except from the net surplus aforesaid, unless the town appropriates and provides money therefor. Said commissioners shall annually, and as often as the town may require, render a report upon the condition of the works under their charge and an account of their doings, including an account of receipts and expenditures. SECTION 11. This act shall take effect upon its acceptance by a majority vote of the legal voters of the town of Belchertown present and voting thereon at a legal meeting called for the purpose within three years after its passage; but it shall become void unless the town of Belchertown shall begin to distribute water to consumers in said town within three years after the date of the acceptance of this act as aforesaid. For the purpose of being submitted to the voters as aforesaid this act shall take effect upon its passage. Approved April 19, 1915. [1912, 484; 1913, 557.] Chap.288 AN ACT TO AUTHORIZE THE TOWN OF AMHERST TO BORROW Town of MONEY FOR THE CONSTRUCTION OF A SEWERAGE SYSTEM. Be it enacted, etc., as follows: SECTION 1. The town of Amherst, for the purpose of borrow money constructing a sewerage system in accordance with the pro to construct a sewerage system. visions of chapter four hundred and eighty-four of the acts of the year nineteen hundred and twelve, is hereby authorized to borrow, outside of the statutory limit of indebtedness, a sum not exceeding thirty thousand dollars, in addition to the amount authorized by the said chapter, and to issue bonds or notes of the town therefor. Such bonds or notes shall be denominated on their face, Amherst loan. Sewerage Loan, Act of 1915; shall be signed by the treasurer SECTION 2. This act shall take effect upon its passage. [1915, 170, Spec.] AN ACT RELATIVE TO THE TERM OF OFFICE OF THE TREAS- Chap.289 URER AND COLLECTOR OF TAXES OF THE CITY OF FITCH BURG. Be it enacted, etc., as follows: of treasurer and taxes of city SECTION 1. The city council of the city of Fitchburg Term of office for the year nineteen hundred and sixteen shall, as soon after collector of its organization as may be convenient, elect by joint ballot of Fitchburg. in convention a city treasurer and collector of taxes, who shall hold his office for the term of three years next ensuing, and until his successor is elected and qualified; and thereafter as vacancies occur in the said office, they shall be filled in the same manner and for the same term: provided, Provisos. that if a vacancy occurs before the expiration of a term it shall be filled for the remainder of the unexpired term; and provided, also, that the said officer may be removed at any time by the city council for sufficient cause. The compensation of the said officer shall be fixed by concurrent vote of the city council. SECTION 2. So much of section fourteen of chapter Repeal. eighty-one of the acts of the year eighteen hundred and seventy-two as is inconsistent herewith is hereby repealed. To be sub mitted to city council, etc. SECTION 3. This act shall take effect on the first day of January, nineteen hundred and sixteen: provided, that before that date it shall be accepted by the city council of the city of Fitchburg, with the approval of the mayor. Approved April 19, 1915. [1914, 313.] Chap.290 AN ACT TO AUTHORIZE THE DUXBURY FIRE AND WATER Duxbury Fire and Water District may retire certain bonds, etc. Certain in habitants may be added to district. DISTRICT TO RETIRE CERTAIN BONDS AND TO PROVIDE FOR Be it enacted, etc., as follows: SECTION 1. The Duxbury Fire and Water District, established by chapter three hundred and thirteen of the acts of the year nineteen hundred and fourteen, acting by its treasurer, with the approval of the commissioners, is hereby authorized to purchase for cancellation or to pay at maturity from any money in the treasury outstanding bonds of the said district not exceeding ten thousand dollars maturing in the years nineteen hundred and fifteen to nineteen hundred and nineteen inclusive, and not to exceed two thousand dollars of bonds maturing in any one year. SECTION 2. The inhabitants of the town of Duxbury liable to taxation in said town and residing within any section of said town described by metes and bounds may be added to and become a part of the body corporate of the Duxbury Fire and Water District. The territory thereby annexed to said district and the inhabitants therein residing shall have all the rights, powers and privileges and be subject to all the liabilities and duties pertaining to said district according to the provisions of said chapter three hundred and thirteen upon the acceptance of this act by the voters of any such section, as provided in section three of this act. Said district is authorized to extend its water service to its boundaries and beyond for the purpose of selling water to individuals, municipalities or corporations outside Issue of bonds. of said district; and for the purpose herein mentioned said district may issue bonds or notes in addition to the amount already authorized, but not exceeding seventy-five per cent of the estimated cost of such extension of water service. Time of taking effect. SECTION 3. This act shall take effect upon its passage, except that section two shall not take effect until accepted both by a majority vote of the voters of any section proposed to be added to said district, present and voting thereon at a meeting called in the manner provided by section eight of said chapter three hundred and thirteen, and by a vote of said district by a majority vote of the voters present and voting at a meeting duly called. Approved April 21, 1915. AN ACT TO AUTHORIZE THE TRUSTEES OF THE NORFOLK Chap.291 STATE HOSPITAL TO GRANT LAND TO THE TOWN OF NORFOLK FOR WIDENING AND STRAIGHTENING MAIN STREET IN SAID Be it enacted, etc., as follows: Norfolk state grant certain of Norfolk. SECTION 1. The trustees of the Norfolk state hospital Trustees of are hereby authorized to grant to the town of Norfolk such hospital may part of the lands held by the commonwealth for the Norfolk land to town state hospital in the said town as may be necessary to widen, straighten and re-locate Main street through and along the lands of the commonwealth, in such manner and to such extent as may mutually be agreed upon by the said trustees and the selectmen of the said town, and said trustees are authorized to receive in exchange therefor such parts of the existing highway as may be abandoned by said widening and straightening and re-location where the land of the commonwealth abuts on the part so abandoned. SECTION 2. This act shall take effect upon its passage. AN ACT TO EXTEND THE TIME FOR THE OPERATION OF Chap.292 CERTAIN LINES OF THE HAMPDEN RAILROAD CORPORA TION. Be it enacted, etc., as follows: for operation lines of the SECTION 1. The time within which the Hampden Rail- Time extended road Corporation, incorporated under the general law in the of certain year nineteen hundred and eleven, shall locate and complete Hampden its lines to Holyoke and Chicopee Falls, and open them for Railroad use, is extended to the first day of July, in the year nineteen hundred and eighteen. SECTION 2. This act shall take effect upon its passage. (The foregoing was laid before the governor on the sixteenth of April, 1915, and after five days it had "the force of a law", as prescribed by the constitution, as it was not returned by him with his objections thereto within that time.) Corporation. [1915, 270, Spec.] Chap.293 AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A TUNNEL Construction of tunnel or subway in Charlestown district of Boston, etc. Elevated structure to be removed. Commissioners to assess damages, benefits, etc. Assessment of betterments. Payment of assessments. OR SUBWAY IN THE CHARLESTOWN DISTRICT OF THE CITY OF BOSTON AND THE REMOVAL OF THE ELEVATED RAILWAY Be it enacted, etc., as follows: SECTION 1. The Boston transit commission shall construct a tunnel or subway from a point at or near City square to a point at, near or beyond Sullivan square in the Charlestown district of the city of Boston, under the same provisions as to construction, payment and use that are provided by law for the construction, payment and use of the present tunnel under Washington street in the city of Boston. SECTION 2. The present elevated structure now operated and maintained between City square and Sullivan square, along Main street, shall, upon the construction of the tunnel or subway herein provided for, be removed, the same being detrimental to the public welfare and a menace to public health, and the expense of the removal shall be considered a part of the cost of construction of said tunnel or subway. SECTION 3. Upon the carrying out of the provisions aforesaid, the superior court for the county of Suffolk, upon petition of the city, company or any party in interest, shall appoint three commissioners who shall determine the damages, if any, sustained by the company over and above the benefit, if any, which the company receive by the carrying out of said provisions, and the damages so determined shall be paid by the city and considered a part of the cost of said tunnel or subway. The commissioners shall, within three years after the carrying out of the said provisions, determine the benefits, if any, received by the several parcels of real estate abutting on the parts of the streets from which said structure shall have been removed and shall assess upon every such parcel a betterment consisting of a proportionate part, not exceeding one half of the cost of carrying out the said provisions and not exceeding one half of the benefit received by the parcel. SECTION 4. The owners of parcels so assessed shall pay to the city each year one twenty-fifth of the amount assessed on their respective parcels, with interest at four per cent per annum on the part of the assessment remaining unpaid, and |