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to all the duties, restrictions and liabilities set forth in all general laws now or hereafter in force applicable to such corporations.
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.
SECTION 3. Said corporation, for the purposes afore- May construct said, may construct, lay and maintain aqueducts, conduits, aqueducts, lay 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 10.00 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
Any person sustaining damages in his Damages, property by any taking under this act or any other thing recovery, etc. 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.
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 depart
ment of public utilities, the rates for the use of said water May make 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. May hold real 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 cor
poration shall not exceed one hundred and fifty thousand dollars to be divided into shares of the par value of on
hundred dollars. If it be necessary for the purposes of said capital stock.
corporation, an increase of capital stock may be authorized
by the department of public utilities as provided by law. May issue
SECTION 7. Said corporation may issue bonds, and may bonds, etc.
secure the same by a mortgage of its franchise and other
property to an amount not exceeding its capital stock Expenditure actually paid in. The proceeds of all bonds so issued shall of proceeds
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. Penalty for SECTION 8. Whoever wilfully or wantonly corrupts, polpolluting
lutes, 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 chise, prop- 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 chise, etc., in
days after said date upon the market value of said franchise, ugreement, 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
erty, etc., of
of market value of fran
case of dig
ment of the second arbitrator, to agree upon a third arbitrator, the chairman of the commission of the department of public utilities shall, upon request of the town, of the corporation, or of either of said arbitrators, appoint such third arbitrator. Said board of arbitration shall determine as of said date, the market value of said franchise, corporate property, rights and privileges, but without enhancement because of privileges derived from rights in public ways, and the finding of said board on all matters of fact shall be final. The hearing before said board shall be commenced within Hearing and thirty days after the date of the appointment of the third procedura arbitrator, and concluded within ninety days after his ap- of arbitration. pointment, and the procedure before said board shall be in accordance with the provisions of chapter two hundred and fifty-one of the General Laws, except that the supreme Court enforcejudicial court shall have exclusive jurisdiction in equity to findings of enforce by appropriate orders or decrees, or otherwise, the board, etc. findings of said board and the right of said town to take possession of said franchise, corporate property, rights and privileges upon payment to said corporation of the sum awarded by said board.
SECTION 10. This act shall take effect upon its passage, Time of taking but any action thereunder shall be void unless water is effect, etc. actually withdrawn or diverted under authority thereof within three years from the date of its passage.
Approved May 17, 1926.
AN ACT ENABLING CITIES AND TOWNS TO REGULATE CERTAIN
Chap.347 DIVERSIONS AND AMUSEMENTS CONDUCTED BY CORPORA
TION6 CREATED FOR CLUB PURPOSES. Be it enacted, etc., as follows:
Chapter one hundred and eighty of the General Laws is G. L. 180, new hereby amended by adding at the end thereof the following
section at end new section: Section 29. Cities and towns may by Cities and ordinance or by-law regulate the conducting within their towns may respective limits of entertainments, dances and other diver- certain diver
sions and sions and amusements not required by law to be licensed, including the hours of holding the same, by corporations conducted by which are subject to section twenty-six, and may affix
penalties for breaches thereof not exceeding twenty dollars for club purposes. each offence, subject as to recovery and disposition to section twenty-one of chapter forty.
Approved May 17, 1926.
AN ACT PROVIDING FOR THE CONSTRUCTION BY THE METRO
Chap 348 POLITAN DISTRICT COMMISSION OF A PARKWAY OR BOULE
VARD IN THE TOWN6 OF STONEHAM AND WAKEFIELD. Be it enacted, etc., as follows:
The metropolitan district commission is hereby author- Metropolitan ized to lay out and construct a parkway or boulevard from
mission may a point at or near the junction of Main and South streets in construct
or boulevard in towns of
the town of Stoneham to or near Doleful pond in said town, Stoneham and thence to the northerly end of Crystal lake in the town of Wakefield.
Wakefield, and from said lake to Quannapowitt parkway in said town of Wakefield, or by such other route as said commission may deem desirable between said junction of
Main and South streets and said Quannapowitt parkway. Expenditures. For the purposes of this act, said commission may expend
such sum, not exceeding ten thousand dollars, as may
hereafter be appropriated, to be paid from the Metropolitan Proviso.
Parks Maintenance Fund, Boulevards; provided, that said towns shall first have acquired and conveyed, or caused to be conveyed, to the commonwealth, for the use of the metropolitan parks district, without cost to the commonwealth or to said commission, such lands and rights in land as the commission may deem necessary for the laying out and construction of said parkway or boulevard, exclusive of such lands and rights therein as may be acquired by the commonwealth at a total cost of not exceeding said sum of ten thousand dollars less the cost of such laying out and construction.
Approved May 17, 1926.
Chap.349 AN ACT RELATIVE TO REGISTRATION FEES OF MOTOR VEHICLES
OF THE CONVERTIBLE PASSENGER TYPE, 60-CALLED.
Be it enacted, etc., as follows: G. L. 90, $ 33, Section 1. Section thirty-three of chapter ninety of the etc., amended.
General Laws, as amended by section two of chapter four hundred and three of the acts of nineteen hundred and twenty-one, by section nine of chapter four hundred and sixty-four of the acts of nineteen hundred and twenty-three, by section one of chapter three hundred and forty-two of the acts of nineteen hundred and twenty-five and by chapter two hundred and forty-four of the acts of nineteen hundred and twenty-six, is hereby further amended by inserting after the word "used” in the eighteenth line, as printed in said section one of said chapter three hundred and fortytwo, the following: -; provided, that for the registration of every motor vehicle of the convertible passenger type, with box or slip-on body of a carrying capacity not exceeding one thousand pounds used for the transportation of tools, utensils, goods, wares or merchandise, the fee shall be
fifteen dollars, — so that the paragraph contained in lines Registration
ten to twenty-four, inclusive, will read as follows: --- For the vehicles, trail- registration of every motor vehicle, trailer and semi-trailer for transporting unit used for the transportation of goods, wares or merBoods, wares or chandise, except as provided in the preceding paragraph,
fifty cents, or, in case of an electric motor truck or an electric commercial vehicle so used, twenty-five cents, for every hundred pounds of the weight of such motor vehicle, trailer or semi-trailer unit and of its maximum carrying capacity,
but in no event less than twenty dollars in the case of a motor Proviso.
vehicle so used; provided, that for the registration of every motor vehicle of the convertible passenger type, with box or
fees of motor
slip-on body of a carrying capacity not exceeding one thousand pounds used for the transportation of tools, utensils, goods, wares or merchandise, the fee shall be fifteen dollars. The aforesaid weight shall mean the weight of such motor Weight to vehicle, trailer or semi-trailer unit when fully equipped for mean, etc. the road. The commissioner of public works may establish Rules for de rules for determining the weight of such motor vehicle, weight, etc. trailer or semi-trailer unit and its maximum carrying capacity, and he may in his discretion use the maker's weight with due allowance for extras.
SECTION 2. This act shall not apply to the registration of Application of motor vehicles for operation during the current year.
Approved May 17, 1926.
An ACT RELATIVE TO THE POWERS OF THE BOARD OF APPEAL Chap.350
OF THE BUILDING DEPARTMENT OF THE CITY OF BOSTON
IN RESPECT TO THE HEIGHT OF BUILDINGS.
etc., amended. eighty-eight of the acts of nineteen hundred and twenty-four, as amended by section eleven of chapter two hundred and nineteen of the acts of nineteen hundred and twenty-five, is hereby further amended by inserting after the fourth paragraph the following new paragraph: - No decision of the board of appeal permitting the erection or alteration of a building to an extreme height greater than that otherwise authorized under the provisions of this act for the lot or building in question shall be effective until and unless confirmed by the board of zoning adjustment, as provided in section twenty. Immediately following the board's final decision in any such case a copy of the record shall be certified to the board of zoning adjustment, -- and by inserting after the word “appeal” in the first line of the fifth paragraph the words: - except a decision permitting the erection or alteration of a building to an extreme height greater than that otherwise authorized under the provisions of this act, so as to read as follows: Section 19. The board of Board of appeal appeal provided for in paragraph one of section six of the zoning law. aforesaid building law shall act as a board of appeal under this act, and the members thereof shall receive for acting under this act the same compensation as provided in the aforesaid building law.
Any applicant for a permit under this act whose applica- Appeals by tion has been refused may appeal therefrom within ninety applicants for days. Any applicant to the building commissioner for a permit who appeals to the said board shall pay to him a fee Foe. of ten dollars before such permit shall be considered by the board. Such fees shall be deposited by the building commissioner with the city collector at least once a week.
The board of appeal may vary the application of this act Board may in specific cases wherein its enforcement would involve tion of act