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the town may carry on the construction of the system of sewerage by a duly authorized committee of the town. The committee shall serve without pay and shall have all the powers and authority given to the board of sewer commissioners in this act or by general law. Whenever the phrase "said board of sewer commissioners" or "said board" hereinafter occurs, it shall mean and include the board of sewer commissioners, the selectmen acting as such or the committee of the town provided for in this section, as the case may be.

domain

and sewers

SECTION 7. Said board of sewer commissioners, acting for Eminent and on behalf of said town, may take by eminent domain under takings. chapter seventy-nine of the General Laws, or acquire by purchase or otherwise, any lands, water rights, rights of way or easements, public or private, in said town, necessary for accomplishing any purpose mentioned in this act, and may construct such main Where drains drains and sewers under or over any bridge, railroad, railway, may be conboulevard or other public way, or within the location of any structed, etc. railroad, and may enter upon and dig up any private land, public way or railroad location, for the purpose of laying such drains and sewers and of maintaining and repairing the same, and may do any other thing proper or necessary for the purposes of this act; provided, that they shall not take in fee any land Proviso. of a railroad corporation, and that they shall not enter upon or construct any drain or sewer within the location of any railroad corporation except at such time and in such manner as they may agree upon with such corporation, or, in case of failure to agree, as may be approved by the department of public utilities. SECTION 8. Any person injured in his property by any action Recovery of of said board of sewer commissioners under this act may recover damages from said town under said chapter seventy-nine.

damages.

cost to be paid

portion of

SECTION 9. The town shall by vote determine what propor- Proportion of tion of the cost of said system or systems of sewerage and sewage by town. disposal the town shall pay; provided, that it shall pay not Proviso. less than one fourth nor more than two thirds of the whole cost. In providing for the payment of the remaining portion of the Remaining cost of said system or systems or for the use of said system or cost, how to systems the town may avail itself of any or all of the methods be paid, etc. permitted by general law, and the provisions of general law relative to the assessment, apportionment, division, reassessment, abatement and collection of sewer assessments, to liens therefor and to interest thereon shall apply to assessments made under this act. At the same meeting at which it determines the proportion of the cost which is to be borne by the town, it may by vote determine by which of such methods the remaining portion of said cost shall be provided for. The collector of taxes to taxes of said town shall certify the payment or payments of certify paysuch assessments or apportionments thereof to said board of sewer commissioners, who shall preserve a record thereof. SECTION 10. For the purpose of paying the necessary ex- Town may penses and liabilities incurred by said town under sections three etc. to sixteen, inclusive, of this act, it may borrow from time to time within a period of five years after this act is accepted such sums as may be necessary, not exceeding, in the aggregate, one

Collector of

ments, etc.

borrow money,

Needham
Sewerage
Loan, Act of
1924.

Receipts, how to be applied,

etc.

Commissioners may appoint clerk and superintendent of sewers, etc.

Contracts regulated.

Rules and regulations.

Penalties.

Publication.

Approval of plans by

public health.

hundred and fifty thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Needham Sewerage Loan, Act of 1924. Each authorized issue shall constitute a separate loan. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, including the provisions of section seven of said chapter which relate to borrowing inside the statutory limit for purposes specified in paragraph (1) of said section.

SECTION 11. The receipts from sewer assessments and from payments made in lieu thereof shall be applied to the payment of charges and expenses incident to the maintenance and operation of said system of sewerage, or to the extension thereof, to the payment of interest upon bonds or notes issued for sewer purposes or to the payment or redemption of such bonds or

notes.

SECTION 12. Said board of sewer commissioners may annually appoint a clerk, and may appoint a superintendent of sewers, who shall not be members of the board, and may define their duties. It may remove the clerk or superintendent at its pleasure.

SECTION 13. All contracts made by the said board of sewer commissioners shall be made in the name of the town and shall be signed by said board, but no contract shall be made or obligation incurred by said board for any purpose in excess of the amount of money appropriated by the town therefor.

SECTION 14. Said board may from time to time prescribe rules and regulations for the connection of estates and buildings with main drains and sewers, and for inspection of the materials, the construction, alteration and use of all connections and drains entering into such main drains or sewers, and may prescribe penalties, not exceeding twenty dollars, for each violation of any such rule or regulation. Such rules and regulations shall be published at least once a week for three successive weeks in some newspaper published in the town of Needham, if there be any, and if not, then in some newspaper published in the county of Norfolk, and shall not take effect until such publications have been made.

SECTION 15. No act shall be done under authority of the department of twelve preceding sections, except in the making of surveys and other preliminary investigations, until the plans for the said system of sewerage have been approved by the department of public health. Upon application to said department for its approval, it shall give a hearing, after due notice to the public. At such hearing plans showing in detail all the work to be done in constructing said system of sewerage shall be submitted for approval by the said department.

Time of taking effect, etc.

SECTION 16. For the purpose of submission to the voters of said town, this act shall take effect upon its passage, and it shall take full effect upon its acceptance by vote of a majority of the voters of said town voting thereon at a town meeting. No expenditure shall be made by the town and no liability incurred by it hereunder until such acceptance.

Approved February 28, 1924.

AN ACT RELATIVE TO THE MUNICIPAL YEAR OF THE CITY OF Chap. 60

GLOUCESTER.

Be it enacted, etc., as follows:

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amended.

amended.

aldermen to

SECTION 1. Chapter six hundred and eleven of the acts of 1908, 611, § 2, nineteen hundred and eight is hereby amended by striking out section two and inserting in place thereof the following: Section 2. The municipal year shall begin with the organiza- City of tion of the city government in January, and shall continue until Gloucester. Municipal the organization of the succeeding city government, as provided year. in section seven. SECTION 2. Section seven of said chapter six hundred and 1908, 611, § 7, eleven is hereby amended by striking out, in the third line, the word "Monday" and inserting in place thereof the word:day, and by inserting after the word "year" in the same line the words:-, or on the following day when said first day falls on Sunday, so as to read as follows: Section 7. The mayor Mayor and and the aldermen elected as aforesaid shall meet at ten o'clock meet and take in the forenoon on the first day of January of each year, or on oath, etc. the following day when said first day falls on Sunday, and shall severally take oath before the city clerk or a justice of the peace to perform faithfully the duties of their respective offices. The municipal council shall thereupon be organized by the Organization choice of a president who shall be called the president of the council. of municipal municipal council and shall hold his office during its pleasure. The president of the municipal council shall be some member thereof other than the mayor. The organization of the municipal council shall take place as aforesaid notwithstanding the absence, death, refusal to serve, or non-election of the mayor or of one or more of the four aldermen, provided that at least three Proviso. of the persons entitled to be members of the municipal council are present and take the oath as aforesaid. Any person entitled to take the aforesaid oath who was not present at the time above fixed therefor may take the same at any time thereafter.

amended.

assessors,

SECTION 3. Section ten of said chapter six hundred and 1908,611, § 10, eleven is hereby amended by striking out, in the second and third lines, the words "at a time after ten o'clock in the forenoon of the first Monday of that month,", so as to read as follows: Section 10. The municipal council shall annually, in the month Assistant of January, elect one assistant assessor from the qualified voters election, etc. of each ward of the city. The assessors shall be sworn to the faithful performance of their duties, shall have all the powers and perform all the duties which the assistant assessors of said city now have and perform, and shall hold their respective offices for the remainder of the municipal year in which they are elected. The municipal council shall fix the compensation of the assistant assessors, and may remove them at any time for sufficient cause.

Termination

SECTION 4. The term of office of every officer of the city of of terms of Gloucester, which would under existing law end on the first certain offices. Monday of January, nineteen hundred and twenty-five, and

1917, 142 (S), repealed.

the current municipal year of said city, shall terminate at ten o'clock in the forenoon of the first day of said January.

SECTION 5. Chapter one hundred and forty-two of the Special Acts of nineteen hundred and seventeen is hereby repealed. Approved February 29, 1924.

Chap. 61 AN ACT RELATIVE TO THE TRUSTEES OF THE PROPERTY FOR

1899, 210, § 3, amended.

MERLY OF THE PROPRIETORS OF THE INDEPENDENT CONGRE-
GATIONAL CHURCH IN BARTON SQUARE IN SALEM.

Be it enacted, etc., as follows:

Section three of chapter two hundred and ten of the acts of eighteen hundred and ninety-nine is hereby amended by striking Second Church out the last sentence and inserting in place thereof the following: In case a vacancy shall occur among said trustees it among certain shall be filled by said Second Church in Salem.

in Salem to

fill vacancies

trustees.

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Approved February 29, 1924.

Chap. 62 AN ACT RELATIVE TO THE POWERS OF THE TRUSTEES OF THE

1872, 252, § 2, etc., amended.

Trustees of
the Scottish
Rite of
Freemasonry

may hold

property, etc.

May receive and execute trust of gifts, etc.

SCOTTISH RITE OF FREEMASONRY TO RECEIVE AND EXECUTE
THE TRUST OF GIFTS BY WILL OR OTHERWISE.

Be it enacted, etc., as follows:

Section two of chapter two hundred and fifty-two of the acts of eighteen hundred and seventy-two, as amended by section one of chapter sixty-seven of the acts of eighteen hundred and ninety-one, chapter one hundred and fifty-six of the acts of nineteen hundred and seven and chapter seventy-three of the acts of nineteen hundred and twenty-two, is hereby further amended by striking out all after the word "for" in the tenth line down to and including the word "rite" in the fourteenth line and inserting in place thereof the words: - religious, charitable, scientific or educational uses, so as to read as follows:Section 2. Said trustees may receive, manage and convey such real and personal estate, not exceeding in all five million dollars, as may be deposited with them by or for the supreme council of the ancient and accepted Scottish rite for the northern jurisdiction of the United States, to such uses as said council may appoint, and shall report their doings to such supreme council, and submit their accounts and records to the inspection of said council. They may also receive and execute the trust of gifts and devises made to them for religious, charitable, scientific or educational uses, whether said trusts are to be performed and executed in this or any other state of the United States where said rite is practised. Approved February 29, 1924.

Chap. 63 AN ACT INCREASING THE COMPENSATION OF THE APPOINTIVE

1897, 265, § 3, amended.

MEMBER OF THE BOARD OF EXAMINERS OF GAS FITTERS IN
THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Chapter two hundred and sixty-five of the acts of eighteen hundred and ninety-seven is hereby amended by striking out section three and inserting in place thereof the following:

examiners of

bership, etc.

Section 3. The board of examiners shall consist of the building Board of commissioner, the health commissioner, who shall be ex officiis gas fitters in members of said board and serve without compensation, and Boston, mema third member who shall have been continuously engaged in business as a practical gas fitter during the five years next preceding the date of appointment. Said third member shall be Appointive chosen by said health commissioner annually, for a term ending compensation, on the first day of May of the year next ensuing, and he shall be etc. allowed a sum not exceeding ten dollars for each day of actual service, to be paid from the treasury of the city of Boston. Approved February 29, 1924.

member,

AN ACT TO INCORPORATE THE MASSACHUSETTS PROTECTIVE Chap. 64

LIFE ASSURANCE COMPANY.

Be it enacted, etc., as follows:

chusetts Pro

Assurance

SECTION 1. Charles A. Harrington, William C. Johnson, The MassaLemuel G. Hodgkins and Frank C. Harrington, their associates tective Life and successors, are hereby made a corporation under the name Company, of The Massachusetts Protective Life Assurance Company, to incorporated. be located in the city of Worcester, for the purpose of making insurance upon lives and issuing annuities and pure endowment contracts; with all the rights, powers and privileges, and subject to all the duties, liabilities and restrictions, conferred or imposed by all general laws now or hereafter in force, applicable to domestic stock life insurance companies, so far as the same are not inconsistent with the provisions of this act.

surplus,

SECTION 2. The capital stock of the corporation shall be Capital stock, two hundred thousand dollars, divided into two thousand shares amount, payof the par value of one hundred dollars each. The capital stock ment, etc. together with a surplus of not less than one hundred thousand dollars shall be paid in, in cash, within twelve months after this act becomes effective; and no certificates of shares and no policies of insurance, annuities or pure endowment contracts shall be issued until the whole capital stock and surplus are so paid in. Said capital may, upon vote of the stockholders, Increase of be increased from time to time as provided in section seventy of chapter one hundred and seventy-five of the General Laws. SECTION 3. At any time when the net surplus of the corpora- Retirement of tion shall exceed twice the amount of the capital stock, said stock, etc. stock may be retired, and in such case the policy holders shall become members of the corporation and direct its affairs as in the case of domestic mutual life insurance companies, and all general laws then or thereafter in force and applicable to such companies shall apply to said corporation.

Approved February 29, 1924.

capital.

AN ACT AUTHORIZING THE TOWN OF ROCKPORT TO BORROW Chap. 65

MONEY FOR THE PROTECTION OF ITS WATER SUPPLY.

Be it enacted, etc., as follows:

amended.

SECTION 1. Section one of chapter two hundred and eighty- 1922, 287, § 1, seven of the acts of nineteen hundred and twenty-two is hereby amended by striking out, in the third line, the word "and" and

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