SECTION 7. Said town shall at the time of authorizing Payment of said loan provide for the payment thereof in such annual loan. payments as will extinguish the same within the time prescribed in this act; and when a vote to that effect has been passed the amount required thereby shall be provided for and paid from the water rates as provided in section eight of this act, or if not so provided and paid the assessors of said town shall, without further vote, assess such required amount in the same manner as other taxes are assessed under the provisions of section thirty-seven of chapter twelve of the Revised Laws.

SECTION 8. The water commissioners hereinafter pro- Payment of vided for shall fix such prices or rates for the use of expenses, etc. water as shall produce annually an amount sufficient, as near as may be, to defray all current operating expenses, including therein maintenance and the annual payment to said metropolitan water and sewerage board, all interest charges and payments on account of the principal of said loan as provided in section seven of this act, and an additional amount of not more than three thousand dollars a year for new construction. If however the amount thus provided shall in any year be insufficient for the payment of the current operating expenses, including therein the annual payment to said metropolitan water and sewerage board, all interest charges and payments on account of the principal as provided in section seven of this act shall be paid by the town, which shall raise by taxation a sum sufficient to make up the deficit. Any net annual surplus over and above the payments above specified shall be applied toward the payment of the principal of said loan.

SECTION 9. Said town shall after the acceptance of Water comthis act, at a legal meeting called for the purpose, which election, terms, may be the meeting at which this act shall be accepted, or at a subsequent meeting, elect by ballot three persons, legal voters of said town, to be the board of water commissioners, and to hold office one until the expiration of three years, one until the expiration of two years and one until the expiration of one year from the next succeeding annual town meeting; and at each annual town meeting thereafter one such commissioner shall be elected by ballot for a term of three years. Nominations for such commissioners shall be made, ballots and other apparatus for their election provided, and elections for such officers conducted, in accordance with the provisions of law appli

Quorum.

Vacancy.

Contracts.

Penalty for corruption of water, etc.

Liability for payment for use of water.

Revere Water Company may sell certain property to town of Winthrop, etc.

cable to elections in towns which have voted for the use
of official ballots. No person shall be elected commis-
sioner who holds at the time any elective town office. All
the authority granted to the town by this act and not
otherwise specially provided for shall be vested in said
board of water commissioners, who shall be subject how-
ever to such instructions, rules and regulations as said
town may impose by its vote. A majority of said com-
missioners shall constitute a quorum for the transaction
of all business relative to the water works, and they shall.
make a report to the town of all their doings annually
or as often as the town may require. Any vacancy occur-
ring in said board from any cause may be filled in the
manner provided by section three hundred and sixty-one
of chapter eleven of the Revised Laws. All contracts
made by the commissioners shall be made in the name and
behalf of the town, and no contract shall be made by them
which involves the expenditure of money not already ap-
propriated for the purpose by said town.

SECTION 10. Whoever without the consent of the town
uses any water obtained or held by it under authority of
this act, or wilfully or wantonly corrupts, pollutes or
diverts any water obtained or held by said town pur-
suant to the provisions of this act, or destroys or injures
any structure, work or other property owned, held or used
by said town under the authority and for the purposes of
this act, shall forfeit and pay to said town three times
the amount of damages assessed therefor, to be recovered
in an action of tort; and upon conviction of any of the
above wilful or wanton acts shall be punished by a fine
not exceeding three hundred dollars or by imprisonment
for a term not exceeding one year.

SECTION 11. The occupant of any tenement shall be liable for the payment of the rent for the use of the water in such tenement, and the owner shall also be liable in case of non-payment by the occupant for all sums due for the use of water under this act, to be collected in an action of contract in the name of the town of Winthrop.

SECTION 12. If within thirty days after this act shall have been accepted by the town of Winthrop, as hereinafter provided, the Revere Water Company shall notify the selectmen of said town in writing that it desires to sell to said town any and all of its property situated within said town, used for supplying water to the town

Company may property to

or its inhabitants, and shall file with the town clerk of Revere Water said town specifications and descriptions of said property, sell certain said town shall not proceed to construct a distributing town of system for the water to be supplied to it and its inhabit Winthrop, etc. ants under the authority of this act unless it shall first purchase of said company the property which the company has notified the town, as above provided, it desires to sell; and said company is authorized to make sale of said property to said town and said town is authorized to purchase the same and to manage and use the property thus acquired for the purposes and under the provisions of this act. Whenever said town by a majority vote of its legal voters present and voting thereon by ballot as described below in this section, at the special meeting, or at an annual town meeting, shall vote to purchase said property, notice of the desire of said company to sell the same having been given as hereinbefore provided, said company shall within thirty days after the vote aforesaid, execute and deliver to said town proper deeds and writings conveying to said town the property aforesaid, free and clear from all incumbrances; or if a title free and clear from incumbrances cannot be conveyed, there shall be given with such conveyance good and sufficient guaranty, with adequate security against such incumbrances. Said property shall thereupon become the property of said town and said town shall thereupon take possession of said property and operate the same and pay to said company the fair value thereof, to be ascertained as hereinafter provided in section thirteen; and upon the delivery of such deeds and writings conveying title, and such guaranty and security, all rights of said company to furnish said town and its inhabitants with water shall cease. The said vote shall be taken by separate ballot, with the use of the voting list, and the polls shall be open at least four hours. The vote shall be "yes" or "no" in answer to the question printed upon the ballot: "Shall the town of Winthrop purchase the property of the Revere Water Company in the town of Winthrop used for supplying water to the town of Winthrop or its inhabitants?" In case said company fails to perform and observe all the terms set forth in this section, then said town may proceed to construct, operate and maintain a water supply system and furnish itself and its inhabitants with water as hereinbefore provided.

In case of agreement as to value of property, question of purchase to be submitted to

town, etc.

In case of disagreement,

appointed to determine value of property, etc.

SECTION 13. If said board of water commissioners and said company after a conference shall agree upon the value of said property, the question of whether the town agrees to purchase at the price so agreed upon shall be submitted to said town at an annual town meeting or at a special meeting called for the purpose, and such price shall become binding as the purchase price upon a majority vote of the voters present and voting at such a meeting, the vote being taken by ballot with the use of the voting list. In case said board of water commissioners and said

etencommis be company shall be unable to agree upon the value of said property, or in case said town shall reject an agreement as to the value of said property made by said commission and said company, the supreme judicial court shall, upon application of either party and notice to the other, appoint three commissioners, one of whom shall be learned in the law and one a skilled engineer, who shall determine the fair value of said property for the purposes of its use by said town, and whose award, when accepted by the court, shall be final. Such value shall be estimated without enhancement on account of future earning capacity or good will, or on account of the franchise of said company; and such value shall not be increased or decreased by reason of the provisions of chapter four hundred and eighty-eight of the acts of the year eighteen hundred and ninety-five. Said company shall be entitled to recover interest upon the amount found due by the commissioners, from the date when said company ceases to supply water to said town and its inhabitants, at the rate of five per cent per

When to take effect.

annum.

SECTION 14. This act, except as provided in section fifteen, shall take effect upon its acceptance by a majority vote of the voters of the town of Winthrop present and voting thereon at an annual town meeting, or at a special meeting called for the purpose within ninety days after the passage of this act.

Same subject.

SECTION 15. So much of this act as authorizes its submission to the legal voters of said town shall take effect upon its passage, but it shall not take further effect until accepted as hereinbefore provided by the legal voters of said town.

Approved May 26, 1905.

AN ACT TO APPORTION AND ASSESS A STATE TAX OF FOUR Chap.478

MILLION DOLLARS.

Be it enacted, etc., as follows:

apportioned

SECTION 1. Each city and town in this Commonwealth State tax shall be assessed and pay the sum with which it stands and assessed.

charged in the following schedule, that is to say: