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Damages.

Proviso.

Payment of damages.

the lands lie, a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same are taken, signed by the president, clerk, treasurer and water commissioners of said company. Upon the filing of said description and statement the title in fee simple to the lands, buildings, rights or easements so taken, shall vest in the company.

SECTION 3. The Lenox Water Company shall pay all damages sustained by any person or corporation by the taking of any lands, buildings, rights or easements under authority of this act; and, if the parties cannot agree upon the amount of the same, they may be recovered in the manner provided by law in the case of land taken for the laying out of highways: provided, that application therefor is made within two years after the said taking.

SECTION 4. All damages to be paid by the said company, by reason of any act done under the authority of this act, may be paid out of the proceeds of the sale of such unsold stock and bonds as said company has heretofore been authorized to issue.

SECTION 5. This act shall take effect upon its passage.
Approved March 2, 1908.

Chap.158 AN ACT TO AUTHORIZE THE METROPOLITAN PARK COMMIS

Permits may be granted for

of eaves, cor

nices, etc., of buildings ad

reservations.

SION TO PERMIT THE PROJECTION OF EAVES, CORNICES
OR ORNAMENTS OF BUILDINGS BEYOND RESTRICTION LINES
AND OVER LANDS IN THE CARE AND CONTROL OF SAID
BOARD.

Be it enacted, etc., as follows:

SECTION 1. The metropolitan park commission is hereby the projection authorized to grant permits upon such terms and conditions as it may deem proper for the projection of eaves, cornices joining certain or ornaments of buildings, beyond the line of restriction or setback established for the benefit of the commonwealth, upon the land of a private owner which abuts on lands under the control of said commission, and also for the projection of eaves, cornices or ornaments of buildings over land under the control of said commission: provided, however, that no grant hereunder shall be made for any projection of more than three feet, nor for a projection over land of the commonwealth held or in the opinion of the commission likely to be required for purposes of a park

Proviso.

way, boulevard or driveway, at a height less than thirty feet above the grade which the commission may determine as that established or likely to be established as the grade of such parkway, boulevard or driveway adjacent to said private land.

be acquired by

SECTION 2. No person shall acquire any rights by pre- Rights not to scription or adverse possession in any lands or rights in prescription, lands of the commonwealth under the control of said commission.

SECTION 3. This act shall take effect upon its passage.
Approved March 2, 1908.

AN ACT TO AUTHORIZE THE WAREHAM FIRE DISTRICT TO

etc.

Chap.159

PROTECT ITS WATER SUPPLY.

Be it enacted, etc., as follows:

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amended.

District may

take and hold

the waters of streams or

SECTION 1. Section two of chapter one hundred and 1907, 178, § 2, seventy-eight of the acts of the year nineteen hundred and seven is hereby amended by inserting after the word "for", in the seventh line, the words: holding such waters or protecting the same from contamination or for, -and by inserting after the word "purposes ", in the twelfth line, the words: - and no lands necessary for protecting the said waters as aforesaid, so as to read as follows: Section 2. Said Wareham Fire District for Wareham Fire the purposes aforesaid may take by purchase or otherwise, and hold the waters of any stream or streams, ponds or any ground sources of supply, by bored or driven wells, ponds, etc. in the town of Wareham, and may also take by purchase or otherwise and hold all rights of way, easements and lands in the town of Wareham necessary for holding such waters or protecting the same from contamination or for conveying the same to and through said district: provided, Proviso. that said district shall not have the right hereunder to take, except by purchase, any source or sources of supply now held, owned or used by the Onset Water Company. No sources of water supply for domestic purposes, and no lands necessary for protecting the said waters as aforesaid, shall be taken under this act without the consent and approval of the state board of health. Said district may May construct construct on the lands thus taken or acquired proper dams, dams, etc. buildings, fixtures and other structures, and may do such other things as may be necessary for providing and main

taining complete and effective water works; and for that purpose may construct wells and reservoirs, and establish pumping works, may construct, lay and maintain aqueducts, conduits, pipes and other works, under and over any land, water courses, railroads, railways and public or other ways, and along any highway or other way in the town of Wareham, in such manner as not unnecessarily to obstruct the same; and for the purpose of constructing, laying and maintaining and repairing such aqueducts, conduits, pipes and other works, and for all other purposes of this act, said district may dig up, raise and embank any such lands, highways or other ways in such manner as to cause the least possible hindrance to public travel; but all things done upon such ways shall be subject to the direction of the selectmen of the town. The title to all land in the district. taken or purchased under the provisions of this act shall vest in said Wareham Fire District, and the land so taken may be managed and improved and controlled by the board of water commissioners hereinafter provided for, in such manner as they shall deem for the best interests of said district.

Title to land taken to vest

Certain proceeding of the board of

water com

missioners

confirmed.

SECTION 2. The taking expressed to have been made by the vote of the board of water commissioners of the Wareham Fire District passed on the seventeenth day of January in the year nineteen hundred and eight is hereby confirmed. For the purpose of assessing damages, such taking shall be deemed to have been made on the date of the passage of this act.

SECTION 3. This act shall take effect upon its passage.
Approved March 3, 1908.

Chap.160 AN ACT TO PROVIDE FOR THE ELECTION OF A BOARD OF

License commission of the

tague, election, terms, etc.

LICENSE COMMISSIONERS BY THE TOWN OF MONTAGUE.

Be it enacted, etc., as follows:

SECTION 1. The town of Montague shall elect at its town of Mon- annual March meeting a license commission consisting of three members, to serve for the following terms: one member for one year, one member for two years and one member for three years. They shall hold office until their respective successors are elected and qualified, and thereafter at every annual March meeting one member of said board shall be elected for the term of three years. Any

vacancy in said board occurring during the year shall be Vacancy. filled by the selectmen, and the person or persons so appointed to fill such vacancy shall serve until the next an

nual town meeting.

etc., of intoxi

SECTION 2. No member of the board shall be engaged Members not to be engaged directly or indirectly in the manufacture or sale of intoxi- in manufacture cating liquors, or hold any other town office. If any mem- cating liquors. ber of the board shall engage directly or indirectly in the manufacture or sale of intoxicating liquors, his office shall thereupon become vacant. Each member of said board shall have been a resident of the town of Montague for at least two years immediately preceding his election. Two Quorum. members of the board shall be a quorum for the transaction of business.

SECTION 3. All licenses issued in the said town for the Issue of licenses, etc. sale of intoxicating liquors, or for innholders or common victuallers, shall be issued and signed only by the said board of license commissioners, and shall be recorded in their office; and all the powers and duties relating to said licenses, or to the sale of intoxicating liquors, now or hereafter vested in the selectmen of towns shall be exercised and performed by the said board.

etc.

SECTION 4. The town may appropriate a reasonable Compensasum of money for the compensation of its license commis- tion, expenses, sioners, and shall pay reasonable expenses incurred by the board for blank books, printing and other necessary expenses, approved by the board.

submitted to

SECTION 5. This act shall be submitted to the voters Act to be of the town of Montague at the next annual town meeting voters. or at a special meeting called for the purpose, and if a majority of the voters voting thereon shall vote in the affirmative this act shall take effect.

SECTION 6. So much of this act as authorizes its sub- When to take mission to the voters of the town shall take effect upon its

passage.

Approved March 3, 1908.

effect.

AN ACT TO ENLARGE THE POWERS OF THE FRAMINGHAM Chap.161

HOSPITAL.

Be it enacted, etc., as follows:

Framingham

SECTION 1. The Framingham Hospital is hereby au- Powers of the thorized and empowered, in addition to the powers granted Hospital ento it in its charter, to conduct a school for the training of larged, etc.

nurses, and to grant diplomas to its graduates; and also
to hold real and personal property to an amount not ex-
ceeding five hundred thousand dollars, which property,
and the income derived from it, shall be devoted to the
purposes set forth in its charter, and in this act.

SECTION 2. This act shall take effect upon its passage.
Approved March 3, 1908.

Chap.162 AN ACT RELATIVE TO THE UNLAWFUL USE OF PROXIES TO

1907, 576, § 116, amended.

Penalty for unlawful use of proxy.

VOTE AT MEETINGS OF MUTUAL INSURANCE COMPANIES.

Be it enacted, etc., as follows:

66

Section one hundred and sixteen of chapter five hundred and seventy-six of the acts of the year nineteen hundred and seven is hereby amended by striking out the words or agent", in the first line, so as to read as follows:Section 116. A paid officer of a domestic mutual insurance company who asks for, receives or procures to be obtained or uses a proxy to vote in violation of the provisions of section forty-three or section eighty-two shall be punished by a fine of not less than one hundred nor more than three hundred dollars for each offence.

Approved March 3, 1908.

Chap. 163 AN ACT RELATIVE TO THE CHANGING OF NAMES OF COR

Regulations concerning changes of names of

PORATIONS.

Be it enacted, etc., as follows:

SECTION 1. Every corporation organized under general or special laws of this commonwealth, except corporations corporations. subject to the provisions of chapter four hundred and thirty-seven of the acts of the year nineteen hundred and three, and acts in amendment thereof and in addition thereto, and except corporations subject to the provisions of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six, and acts in amendment thereof and in addition thereto, may at a meeting duly called for the purpose, by the vote of two thirds of all of its stock, or if two or more classes of stock have been issued, by two thirds of each class of stock outstanding and entitled to vote, or in case such corporation has no capital. stock, by a vote of two thirds of the persons legally qualified to vote in meetings of the corporation, or by a larger vote if its agreement of association or by-laws shall so

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