Time for buying land for park and reservoir extended. St. 1873, ch. 196. CHAPTER 117. AN ACT TO EXTEND THE TIME DURING WHICH THE CITY OF SECTION 1. The city of Worcester by its city council at any time within two years from the fifteenth day of April in the year eighteen hundred and eighty-two, may buy and hold for the purposes named in chapter one hundred and ninety-six of the Acts of the year eighteen hundred and seventy-three the land therein described. SECT. 2. This Act shall take effect upon its passage. March 27, 1882. Locations under which road may be constructed. St. 1881, ch. 116, § 1, amended. Provisos. St. 1881, ch. 116, § 3, amended. May secure bonds by mortgage of franchise and property. CHAPTER 118. AN ACT TO AMEND "AN ACT TO AUTHORIZE THE HARTFORD 66 SECTION 1. Section one of chapter one hundred and sixteen of the Acts of the year eighteen hundred and eighty-one is hereby amended by inserting at the end thereof the words and provided, also, that the said railroad may be constructed under two locations, the first one of which shall extend from said point in the dividing line between Massachusetts and Connecticut to the line of the Boston and Albany Railroad in said West Springfield; and the other shall extend from said first location across said Boston and Albany Railroad to the said Connecticut River Railroad at said Holyoke, provided, also, that said railroad shall not be located or constructed across Park Street, Park Avenue, or the Park or Common between said thoroughfares, in said West Springfield, at any point within twenty-five hundred feet of the west bank of the Connecticut River. All provisions of law now or hereafter in force relating to the building of railroads shall apply to each of said locations independent of the other; provided, that any provision which requires said company to pay any money or fee to the secretary of the Commonwealth shall apply to but one of said locations." SECT. 2. Section three of said chapter is hereby amended by striking out in the second line thereof the words " and no bonds." SECT. 3. The said Hartford and Connecticut Valley Railroad Company may secure any bonds it may issue under the authority of its charter granted by the General Assembly of the State of Connecticut, by mortgage of the franchise granted to it by said Act, and of the property, rights, and easements which it may acquire thereunder in this Commonwealth; and the mortgage executed by said company to the treasurer of the State of Connecticut, bearing date the fourth day of June in the year eighteen hundred and eighty-one, and recorded in the office of the secretary of state at Hartford in said State, whereby said company amongst other things conveyed certain property and rights thereafter to be acquired in this Commonwealth, as in said mortgage set forth, to the said treasurer and his successors in office, in trust to secure certain bonds thereafter to be issued, is hereby confirmed so far as relates to the laws of this Commonwealth, and shall be operative to cover and bind the franchise granted by said Act, and the property, rights, and easements in this Commonwealth which said mortgage purports to convey whenever the same shall be acquired by said railroad company, and to secure the bonds described in said mortgage in manner and form as therein described, as fully as if said property, rights, and easements had been acquired at the time said mortgage was given and said mortgage had been given under the authority of the Legislature of this Commonwealth; and authority is hereby given to said company to issue under said mortgage an amount of bonds not exceeding in the aggregate one million dollars. Said mortgage shall be recorded in the registry of deeds for the county of Hampden. SECT. 4. Section five of said chapter is amended by striking out St. 1881, ch. 116, in the third line thereof, after the word "located," the words " within $5, amended. two years and" and inserting in the place thereof the words "to the line of the Boston and Albany railroad within two years, the remainder of the road is located within three years and the whole road is." SECT. 5. This Act shall take effect upon its passage. March 27, 1882. CHAPTER 119. AN ACT TO INCORPORATE THE SPENCER WATER COMPANY. purpose. duties. May take waters in Spencer and of Shaw SECTION 1. William Upham, Emerson Stone, Erastus Jones, Corporators. Richard Sugden, John E. Bacon, David Prouty, Charles N. Prouty, Isaac L. Prouty, Fields M. Prouty, Henry R. Green, David A. Drury, J. W. Temple, Horace A. Grout, Edward E. Kent, Thomas J. Comins, David H. Barnes, Charles M. Tripp, their associates and successors, are hereby made a corporation by the name of the Spencer Water Name and Company, for the purpose of furnishing the inhabitants of Spencer with water for the extinguishment of fires, and for domestic and other purposes, with all the powers and privileges and subject to all the Powers and duties, restrictions and liabilities set forth in the general laws which now are or hereafter may be in force applicable to such corporations. SECT. 2. Said corporation may take, hold, and convey into and through the town of Spencer, or any part thereof, so much of the waters as may be necessary for carrying out the purposes of this Act of any natural pond, brook, or river within the limits of said town of Spencer, or of Shaw Pond in the town of Leicester; and may take and hold by purchase or otherwise any real estate necessary for the preservation and purity of the same, or for forming any dams or reservoirs to hold the same, and 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 right to enter upon the same and dig therein for that purpose, and for the purpose of making all necessary repairs; and may carry its pipes under or over any watercourse, railroad, highway or other way, under the direction of the selectmen or road commissioners, and in general may do any other acts necessary or proper for carrying out the purposes of this Act. Pond in Lei cester. cause to be deeds a descrip SECT. 3. Said corporation shall, within sixty days after taking any Shall file and land under the provisions of this Act, file and cause to be recorded recorded in in the registry of deeds for the county of Worcester a description of registry of any land so taken, sufficiently accurate for identification, with a state- tion of the land ment of the purpose for which it is so taken, and shall also notify the taken; and shall notify owner of any such land of the taking thereof; and the title of the the owner. land so taken shall then vest in said corporation. Any person injured Damages. in property by any act of said corporation, and failing to agree with said corporation 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 for the assessment of May distribute water and fix water rates. Real and personal estate and capital stock. Penalty for di verting water or rendering it impure. Property may be purchased by town. Subject to a two-thirds vote of the town. Company may issue bonds. damages for the taking of water rights until the water is actually taken or diverted by said corporation; any person whose water rights are thus taken or impaired may apply as aforesaid at any time within two years from the time when the water is actually taken or diverted, but not thereafter; and no suit for damage done under this Act shall be brought after two years from the date of the receipt of the alleged injury. In case said corporation shall take from any mill owner the water used for running his mill, and cannot agree with him as to the amount of damages to be paid therefor, said corporation shall have the right to build compensating reservoirs to furnish such mill owners with other water, the value of which shall be in full or in part payment for any claim said mill owner may make for damages received from the acts of this corporation; and for that purpose said corporation may take and hold lands in the manner herein provided for taking other lands. SECT. 4. Said corporation may distribute the water through said town of Spencer, and inay 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 be hereafter established therein, or with individuals, to supply water for the extinguishment of fires or for other purposes, as may be agreed upon between said town or such fire district or individuals and said tion. corpora SECT. 5. Said corporation for the purposes set forth in this Act may hold real and personal estate not exceeding in value one hundred thousand dollars, and its whole capital stock shall not exceed two hundred thousand dollars, to be divided into shares of one hundred dollars each. SECT. 6. If any person shall use any water taken under authority of this Act without the consent of said corporation, or shall wantonly or maliciously divert any water so taken, or corrupt the same, or render it impure, or shall destroy or injure any property held, owned, or used by said corporation, 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. 7. The town of Spencer, or any fire district that may be established therein, shall have the right at any time during the continuance of this charter to purchase the corporate property and all the rights and privileges of said corporation at a price which may be mutually agreed upon between said town or such fire district and said corporation. In case said town or such fire district and said corporation are unable to agree, then the compensation to be paid shall be determined by three commissioners, to be appointed by the Supreme Judicial Court, upon application by either party, notice being given to the other, whose award when accepted by said court shall be final. This right of purchase and sale is granted on the condition that such purchase is agreed to by two-thirds of the voters of said town, or such fire district therein, present and voting thereon at any legally called meeting, notice having been given in the warrant for said meeting that action would be taken on this matter. SECT. 8. The Spencer Water Company may issue bonds and secure the same by a mortgage on its works, structures, equipments, franchise, and other property, real or personal, to an amount which shall not exceed the capital stock of said corporation actually paid in and applied to the construction or completion of its works or the purchase of real and personal property therefor. SECT. 9. Any owner of land or water rights taken under this Act, May be required upon application for an estimate of damages, may require said corpor- for payment to give security ation to give security satisfactory to the board of selectmen of the of damages. town of Spencer for the payment of all damages and costs which may be awarded him for the land or other property taken; and if upon the petition of such owner with notice to the adverse party, the security appears to the selectmen 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 and use said land and other property, except for making surveys, shall be suspended until it gives the security required. within three SECT. 10. This Act shall be null and void unless said corporation Work shall be shall within three years from the passage hereof avail itself of its commenced provisions and commence a prosecution of the work herein authorized. years. SECT. 11. This Act shall take effect upon its passage. March 27, 1882. CHAPTER 120. AN ACT TO CONFIRM CERTAIN PROCEEDINGS OF THE NOTRE confirmed. ciation re SECTION 1. The proceedings of the Notre Dame Academy, a cor- Proceedings poration organized under articles of association recorded with Norfolk ratified and deeds, book three hundred and thirty-five, page one hundred and Articles of assotwenty-one, and located in that part of Boston which was formerly corded with Roxbury, relating to the election of its members and officers, are here- Norfolk deeds, bk. 335, p. 121. by ratified and confirmed, any defects or informalities therein to the contrary notwithstanding. respec authorized to perform duties. SECT. 2. Charlotte Mackenzie, as president and treasurer, and Certain officers Catherine Althoff, as secretary, are authorized to perform their tive duties as such officers until their successors are chosen and qualified. A meeting of said corporation may be called by either of said officers by a notice setting forth the time, place and purposes of such meeting, which notice shall be delivered or mailed to all the members of said corporation at least seven days previous to the time appointed for such meeting. SECT. 3. This Act shall take effect upon its passage. 1882. March 27, CHAPTER 121. AN ACT TO PROVIDE FOR THE EXCHANGE OF THE COMMON- changed for SECTION 1. The treasurer of the Commonwealth shall assign to the Shares of stock Boston and Albany Railroad Company all the shares of the capital may be exstock of said corporation which are owned by the Commonwealth, or bonds. which belong to funds over which said Commonwealth has exclusive control, in exchange for bonds of said corporation, such as are hereinafter described, at the rate of one hundred and sixty dollars in such bonds at their face value for each share of stock, and thereupon said corporation shall hold and dispose of the shares of stock so assigned to it as its absolute property. Company may issue bonds. Commonwealth not to be repre SECT. 2. For the purpose of purchasing said shares the Boston and Albany Railroad Company may issue bonds for one thousand dollars each or for such multiples of one thousand dollars as the treasurer of the Commonwealth may request, to the required amount, either with interest coupons attached, or registered, payable, with interest semi-annually at the rate of five per centum per annum, in twenty years from date. SECT. 3. After the assignment of said shares of stock to said corsented in board poration the Commonwealth shall not be represented in the board of directors of said corporation. of directors. Subject to acceptance by stockholders. SECT. 4. This Act shall take effect upon its passage, and said shares shall be assigned as hereinbefore provided whenever this Act shall have been accepted by a majority of votes cast at a meeting of the stockholders of said corporation called for the purpose; but said assignment whenever made shall take effect as of the first day of April in the year eighteen hundred and eighty-two, and said bonds shall bear that date: provided, however, that the stock now owned by the monwealth not Commonwealth shall not be voted upon at said meeting. March 28, Stock of Com to be voted on. 1882. Owners of certain meadow lands incorporated. Powers and duties. First meeting of corporators. Damages. CHAPTER 122. AN ACT TO INCORPORATE THE DENNIS AND YARMOUTH IM- SECTION 1. The owners of the meadow lands flowed by Chase Garden River in the towns of Dennis and Yarmouth, extending from the so called New Boston Bridge in said town of Dennis to the mouth of said Chase Garden River, and bounded by the uplands and the dikes already built, are hereby made a corporation by the name of the Dennis and Yarmouth Improvement Company, with power to erect and maintain a dike or dam across said Chase Garden River at or near its mouth, with one or more sluice-ways and gates for the purpose of draining and improving said meadows and preventing flowage by the sea. Said corporation shall have all other powers and privileges and be subject to all the duties, restrictions, and liabilities set forth in the general laws which now are or hereafter may be in force relating to such corporations, unless otherwise specially provided by this Act. SECT. 2. Any justice of the peace upon application in writing from five or more of said owners shall issue his warrant to one of the owners aforesaid, requiring him to notify and warn a meeting of said owners for the purposes to be expressed in said warrant, by posting copies of said warrant in at least one public place in the town of Dennis and the town of Yarmouth, seven days at least before the time of said meeting; and said owners when legally assembled as aforesaid may adopt by-laws for the government of said corporation, and may also choose a clerk, treasurer, assessors and a collector, who shall be sworn to the faithful discharge of their respective duties, and shall continue in office until others are chosen and sworn in their stead, which said officers may exercise the same power and authority in performing the duties of their appointment as town officers of like description. SECT. 3. All damages sustained by any person or corporation in consequence of the carrying into effect of the purposes of this corporation shall be ascertained, determined and recovered in the same manner as is now provided in cases where land is taken for highways. |