Previous G. L. 125, § 15, amended. Residence of warden and deputy at state prison. Duties of subordinate officers at state prison. G. L. 127, § 11, amended. or houses of correction, transfer to state prison, hundred dollars; the clerk, such salary, not exceeding three thousand dollars, as shall be fixed by the commissioner, with the approval of the governor and council; correction officers who have been in the prison service in any state or county institution in the commonwealth and have performed similar duties therein less than one year, sixteen hundred dollars, and those who have been in such service for more than one year shall receive for each additional year of service an increase of one hundred dollars up to a maximum of two thousand dollars. In fixing the rate of compensation of the correction officers as aforesaid, previous service in any penal or reformatory institution in the commonwealth shall be considered. No other perquisite, reward or emolument shall be allowed to or received by any of the said officers, except that the superintendent and deputy superintendent shall be allowed sufficient house room, properly furnished, and fuel and light for themselves and their families. The salaries of engineers, assistant engineers and firemen shall be fixed by the superintendent, with the approval of the commissioner. so as to SECTION 5. Section fifteen of said chapter one hundred and twenty-five is hereby amended by striking out, in the second and third lines, the word "watchmen" and inserting in place thereof the words: correction officers, read as follows:-Section 15. The warden and deputy warden shall reside constantly within the precincts of the prison. The deputy warden, clerk, correction officers, and all other subordinate officers of the prison shall perform such duties in the charge and oversight of the prison, the care of its property, and the custody, government, employment and discipline of the convicts, as the warden, in conformity to law and the rules and regulations of the prison, may require. SECTION 6. Section eleven of chapter one hundred and twenty-seven of the General Laws is hereby amended by striking out, in the third line, the word "watchman" and inserting in place thereof the words: correction officer, — Officers in jails so as to read as follows: Section 11. An officer in a jail or house of correction may be transferred to the state prison, the Massachusetts reformatory, or the prison camp and hospital as a correction officer; and if the place in which he is employed is not in the classified civil service list, he shall be given a non-competitive examination as to his fitness, upon receipt from the warden of the state prison, the superintendent of the Massachusetts reformatory or the superintendent of the prison camp and hospital of a statement that the appointment of such officer is desired, and that he possesses particular qualifications for the work required of him. Massachusetts reformatory or prison camp and hospital as correction officers. G. L. 32, § 46, etc., amended. SECTION 7. Section forty-six of chapter thirty-two of the General Laws, as amended by chapter four hundred and two of the acts of nineteen hundred and twenty-one, is hereby further amended by striking out, in the twenty-second line, prison officers the word "penal", and by striking out, in the thirtieth line, the word "watchman" and inserting in place thereof the words: correction officer, so as to read as follows: Section 46. The commissioner of correction may, with Retirement and the approval of the governor and council, retire from active pensioning of service and place upon a pension roll any officer of the state and employees. prison, the Massachusetts reformatory, the prison camp and hospital, the state farm, the reformatory for women or any jail or house of correction, or any person employed to instruct the prisoners in any prison or reformatory, as provided in section fifty-two of chapter one hundred and twenty-seven, or any other employee of the state prison, the Massachusetts reformatory or the prison camp and hospital, who has attained the age of sixty-five and who has been employed in prison service in the commonwealth, with a good record, for not less than twenty years; or who, without fault of his own, has become permanently disabled by injuries sustained in the performance of his duty; or who has performed faithful prison service for not less than thirty years; provided, that no officer of any jail or house of cor- Provisos. rection shall so be retired except upon the recommendation of the sheriff and county commissioners of the county, except in the county of Suffolk, where the recommendation as to the officers of the jail shall be made by the sheriff and the mayor of Boston, and, as to the officers of the house of correction, by the institutions commissioner and the mayor of Boston; and provided, that no such officer, instructor or employee shall be retired unless he began employment as such in one of the above named institutions, or as an officer or instructor in one of those named in the following section, on or before June seventh, nineteen hundred and eleven. The word "officer", as used in this and the two following Word "officer," sections, shall extend to and include prison officer, correc- include. tion officer and matron. what to not reduced. SECTION 8. Nothing in this act shall be construed to Certain salaries reduce the salary of any officer of the state prison or Massachusetts reformatory, established by special act. SECTION 9. The increases in salaries provided for by this act shall not take effect until an appropriation has been made sufficient to cover the same, and then as of June first in the current year. (The foregoing was laid before the governor on the tenth day of May, 1926, 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.) Increases in to take effect. salaries, when AN ACT AUTHORIZING THE TOWN OF NATICK TO PAY A CER- Chap.344 TAIN SUM OF MONEY ON ACCOUNT OF THE DEATH OF A Be it enacted, etc., as follows: SECTION 1. For the purpose of promoting the public Town of good, the town of Natick may pay to the widow of James Natick may pay certain sum of money death of James on account of F. Conroy, former member of its fire department. Proviso. No payments to be authorized by commissioners on firemen's relief. Chap.345 Certain corporations revived. Effective date. E. Conroy, a former member of its fire department who was SECTION 2. This act shall take effect upon its passage. AN ACT REVIVING CERTAIN CORPORATIONS. Be it enacted, etc., as follows: SECTION 1. The following named corporations, Briggs and Allyn Manufacturing Company, The El Placer Company and Success Farms Incorporated, which were dissolved by chapter two hundred and twelve of the acts of nineteen hundred and twenty, Andrews-Wasgatt Company, which was dissolved by chapter one hundred and eighty of the acts of nineteen hundred and twenty-two, B. Cottler & Sons, Inc. and E. M. Loew's, Inc., which were dissolved by chapter two hundred and thirty of the acts of nineteen hundred and twenty-four, and Bristol County Coal Company, Hanson and Parker Limited and Marston's Garment Shop, Incorporated, which were dissolved by chapter two hundred and thirteen of the acts of nineteen hundred and twenty-five, are hereby revived with the same powers, duties and obligations as if the said chapters had not been passed. SECTION 2. This act shall take effect as of March thirtyfirst in the current year. Approved May 17, 1926. Chap.346 AN ACT TO INCORPORATE THE CHATHAM WATER COMPANY. Be it enacted, etc., as follows: Chatham Water Company, incorporated. SECTION 1. Joshua A. Nickerson, Oscar C. Nickerson, Heman A. Harding, Augustus M. Bearse and Henry H. Fuller, their associates and successors, are hereby made a corporation, by the name of the Chatham Water Company, for the purpose of supplying the inhabitants of the town of Chatham, or any part thereof, with water for domestic, manufacturing and other purposes, including the extinguishment of fires, with all the powers and privileges, and subject to all the duties, restrictions and liabilities set forth in all general laws now or hereafter in force applicable to such corporations. "certain waters, structures, SECTION 2. Said corporation, for the purposes aforesaid, May take, etc., may lease, take by eminent domain under chapter seventy- lands, etc. nine of the General Laws, or acquire by purchase or otherwise, and hold and convey the waters, or so much thereof as may be necessary, of any ponds, brooks, springs or streams, or of any underground sources of supply by means of wells which may be constructed or sunk at any suitable place, within the limits of said town, and also all lands, rights of way and easements necessary for holding and preserving such waters and for conveying the same to any part of said town; and may erect on the land thus taken or held proper May erect dams, buildings, standpipes, fixtures and other structures, make excavaand may make excavations, procure and operate machinery, tions, etc. and provide such other means and appliances, and may do such other things, as may be necessary for the establishment and maintenance of complete and effective water works; provided, however, that no source of water supply for do- Proviso. mestic purposes or lands necessary for preserving the quality of such water shall be acquired under this act without the consent of the department of public health and that the location of all dams, reservoirs, wells or other works for collecting or storing water shall be subject to the approval of said department. aqueducts, lay SECTION 3. Said corporation, for the purposes afore- May construct said, may construct, lay and maintain aqueducts, conduits, pipes, etc. pipes and other works under or over any lands, water courses, canals, dams, railroads, railways and public or other ways, and along any highways or other ways in the town of Chatham, in such a manner as not necessarily to obstruct the same, and for the purpose of constructing, laying, maintaining and repairing such aqueducts, conduits, pipes and other works, and for all purposes of this act, said corporation may dig up, raise and embank any such lands, highways, or other ways in such manner as to cause the least hindrance to public travel; but all things done upon any public way shall be subject to the direction and approval of the selectmen of said town. The said corporation shall not enter Restrictions as upon, construct or lay any pipes, conduits or other works railroad loca within the location of any railroad corporation, except at tions, etc. such time and in such manner as it may agree upon with such railroad corporation, or, in case of failure so to agree, as may be approved by the department of public utilities. SECTION 4. Any person sustaining damages in his Damages, property by any taking under this act or any other thing done under authority thereof may recover such damages from said corporation under said chapter seventy-nine; but the right to damages for the taking of any water, water right or water source, or for any injury thereto, shall not vest until water is actually withdrawn or diverted under authority of this act. to entry upon recovery, etc. May distribute May make certain contracts. May hold real estate. SECTION 5. Said corporation may distribute water through the town of Chatham, or any part thereof, may regulate the use of the same, and may establish and fix from time to time subject to the approval of the department of public utilities, the rates for the use of said water and may collect the same; and may make such contracts with the said town or with any fire district now or hereafter established therein, or with any person or corporation, to supply water for the extinguishment of fires, or for such other purposes as may be agreed upon. SECTION 6. Said corporation may, for the purposes set forth in this act, hold real estate not exceeding in value Capital stock. thirty thousand dollars, and the capital stock of said corporation shall not exceed one hundred and fifty thousand dollars to be divided into shares of the par value of one hundred dollars. If it be necessary for the purposes of said corporation, an increase of capital stock may be authorized by the department of public utilities as provided by law. Increase of capital stock. May issue bonds, etc. Expenditure of proceeds of bonds. Penalty for polluting water, etc. Town of chise, property, etc., of Proviso. SECTION 7. Said corporation may issue bonds, and may secure the same by a mortgage of its franchise and other property to an amount not exceeding its capital stock actually paid in. The proceeds of all bonds so issued shall be expended only in the extension of the works of the corporation and in the payment of expenditures actually made in the construction of the works over and above the amount of the capital stock actually paid in. SECTION 8. Whoever wilfully or wantonly corrupts, pollutes, or diverts any water taken or held under this act, or injures any structure, work or other property owned, held or used by said corporation under authority of this act, shall forfeit and pay to said corporation three times the amount of damages assessed therefor, to be recovered in an action of tort; and, upon being convicted of any of the above wilful or wanton acts, shall be punished by a fine of not more than three hundred dollars or by imprisonment in a jail or house of correction for not more than one year. SECTION 9. The town of Chatham shall have the absolute purchase fran- right, at any time during the continuance of the charter hereby granted, to purchase the franchise, property and all Chatham Water the rights and privileges of said corporation, on payment to Company, etc. it of the market value of said franchise, corporate property, rights and privileges, as mutually agreed upon, or as hereinafter determined, on the date which said town shall fix for such purchase; provided, that said town shall give said corporation written notice of its intention to purchase as Determination aforesaid at least sixty days before said date. If said town and said corporation shall be unable to agree within sixty days after said date upon the market value of said franchise, agreement, etc. corporate property, rights and privileges, said town shall appoint one arbitrator and said corporation shall appoint a second arbitrator, and the two arbitrators so appointed shall appoint a third arbitrator. In case said first and second arbitrators are unable, within thirty days after the appoint of market value of franchise, etc., in case of dis |