Chap.190 R. L. 75, § 137, amended. Cities and towns to enforce vaccination in certain cases. R. L. 75, § 139, amended. that the sum so determined in any case shall in the opinion of the board exceed the proper proportion of the entire assessment which would be imposed upon the city or town were it a part of the metropolitan district. SECTION 2. This act shall take effect upon its passage. Approved March 19, 1902. AN ACT RELATIVE TO VACCINATION. Be it enacted, etc., as follows: SECTION 1. Section one hundred and thirty-seven of chapter seventy-five of the Revised Laws is hereby amended by striking out in the fifth and sixth lines, the words "being over twenty-one years of age and not under guardianship", so as to read as follows: :- Section 137. The board of health of a city or town if, in its opinion, it is necessary for the public health or safety shall require and enforce the vaccination and re-vaccination of all the inhabitants thereof and shall provide them with the means of free vaccination. Whoever refuses or neglects to comply with such requirement shall forfeit five dollars. SECTION 2. Section one hundred and thirty-nine of said chapter is amended by striking out the whole of said section and inserting in place thereof the following:Certain persons Section 139. Any person over twenty-one years of age exempt from compulsory vaccination. who presents a certificate signed by the register of a SECTION 3. This act shall take effect upon its passage. AN ACT TO EXTEND THE TIME WITHIN WHICH THE BERKSHIRE Be it enacted, etc., as follows: Chap.191 amended. SECTION 1. Section eight of chapter four hundred 1899, 416, § 8, and sixteen of the acts of the year eighteen hundred and ninety-nine is hereby amended by striking out the word "three", in the third line, and inserting in place thereof the word-five, so as to read as follows : -Section Time extended. 8. The authority herein granted shall cease if the proposed road is not constructed and put in operation within five years from the passage of this act. SECTION 2. This act shall take effect upon its passage. AN ACT TO ABOLISH THE BOARD OF COMMISSIONERS OF STATE AID Be it enacted, etc., as follows: Chap.192 missioners of office of state Commissioner commissioner pensions, ap etc. SECTION 1. The board of commissioners of state aid Board of comand the office of state pension agent are hereby abolished. state aid and SECTION 2. The governor, with the advice and con- pension agent sent of the council, shall appoint for the term of three abolished. years a commissioner and deputy commissioner of state and deputy aid and pensions. The commissioner shall have the of state aid and powers and duties heretofore conferred and imposed upon pointment, the board of commissioners of state aid and the state powers, duties, pension agent, and the deputy commissioner shall be subject to the direction and control of the commissioner. In case the commissioner is temporarily absent or unable from any cause to perform the duties of his office the deputy shall perform the duties of the commissioner until such absence or disability ceases. Said commissioner shall receive an annual salary of twenty-five hundred dollars, and said deputy commissioner shall receive an annual salary of two thousand dollars, and each shall devote his whole time to the duties of his office. to determine SECTION 3. Said commissioner shall determine all con- Commissioner troversies between invalid pensioners and city and town certain controauthorities relative to claims for state aid. He may re versies, etc. fuse to decide on the necessity of the claimants for aid, but if he shall determine that the claimant is entitled thereto he may authorize its payment to him monthly for not more than one year, under such limitations as he An appeal may may impose. An appeal may be taken from his determination to the governor and council, whose decision shall be final. be taken. Clerical assistance, agents, etc. Repeal. When to take effect. SECTION 4. Said commissioner may appoint a chief clerk at a salary of fifteen hundred dollars a year; two agents each at a salary of thirteen hundred dollars a year; one agent at a salary of one thousand dollars a year; one special agent at a salary of three hundred dollars a year; one bookkeeper at a salary of thirteen hundred dollars a year; one clerk at a salary of one thousand dollars a year; and three clerks each at a salary not exceeding eight hundred and forty dollars a year. The civil service rules shall not apply to the appointment hereunder of any person who is now in the service of either of the departments hereby abolished. SECTION 5. Section eight of chapter seventy-nine of the Revised Laws and all other acts and parts of acts inconsistent herewith are hereby repealed. SECTION 6. So much of section two of this act as authorizes the appointment of said commissioner and deputy commissioner shall take effect upon the sixteenth day of June in the year nineteen hundred and two, and the remainder of this act shall take effect as soon as the commissioner and deputy commissioner are appointed and qualified. Approved March 19, 1902. Chap.193 AN ACT TO AUTHORIZE THE TOWN OF EASTHAMPTON TO TAKE AN Town of East hampton may take certain waters, neces etc. ADDITIONAL WATER SUPPLY AND ΤΟ MAKE AN ADDITIONAL Be it enacted, etc., as follows: SECTION 1. The town of Easthampton, for the purpose of establishing a new water supply and of increasing sary real estate, its present water supply, may take, hold and convey into and through the town and through the town of Westhampton and the city of Northampton the waters of Sodden brook and North brook, so-called, tributaries of the north branch of the Manhan river, so-called, in the town of Westhampton, and any tributaries of said brooks, and may also take by purchase or otherwise and hold any rights of way, easements or real estate necessary for lay- SECTION 2. The town shall, within sixty days after Description of taking for the purposes of this act any lands, rights of be recorded. way, water rights, water sources or easements aforesaid, otherwise than by purchase, file and cause to be recorded in the registry of deeds for the county of Hampshire a description thereof sufficiently accurate for identification, with a statement, signed by the selectmen and countersigned by the board of water commissioners, of the purposes for which the same were taken. struct, aqueducts, dams, etc. SECTION 3. The town, for the purposes aforesaid, may Town may conconstruct and maintain aqueducts, dams, reservoirs, filter uedute, galleries and other proper works; may erect buildings and machinery; may make and establish such public fountains and hydrants as may from time to time be deemed proper, and may change or discontinue the same; may regulate the use of water and establish the rates to be paid therefor; and may collect the rates by process of law. The town may also, for the purposes aforesaid, carry any pipe, drain or aqueduct over or under any river, water course, railroad, railway, public or other way, in such manner as not unnecessarily to obstruct the same, and may enter upon and dig up any such way for the purpose of laying, maintaining or repairing any pipe, drain or aqueduct, and may do any other thing necessary and proper in executing the purposes of this act. SECTION 4. The town shall pay all damages sustained Damages. by any person or corporation by the taking of any land, right of way, water, water source, water right or easement, or by any other thing done by the town under authority of this act. Any person or corporation sustaining damages as aforesaid, and failing to agree with the town as to the amount thereof, may have them deter Easthampton Penalty for cor- When to take effect. mined in the manner provided by law in the case of land taken for highways, on application at any time within two years from the taking of the property or the doing of other injury under authority of this act; but no such application shall be entertained after the expiration of two years from such taking or doing. No application for assessment of damages shall be made for the taking of any water or water rights, or for any injury thereto, until the water is actually withdrawn or diverted by the town under authority of this act. SECTION 5. For the purpose of paying the cost of the property purchased, taken or held by virtue of this act, and also for the purposes mentioned in chapter two hundred and fifty-two of the acts of the year eighteen hundred and ninety-one, the town of Easthampton may issue notes, bonds or scrip, to be denominated on the face thereof, Easthampton Public Water Supply Loan, to an amount not exceeding one hundred and thirty thousand dollars, in addition to the amounts heretofore authorized by law to be issued by the town for the same purpose. Such notes, bonds or scrip shall be issued upon the terms and condi tions specified in said chapter two hundred and fifty-two; and sections five and six of that chapter shall apply, so far as practicable, to the loan herein authorized. SECTION 6. Whoever wantonly or maliciously diverts any water taken or held pursuant to the provisions of this act, or corrupts the same, or renders it impure, or destroys or injures any dam, aqueduct, pipe, conduit, hydrant, machinery or other works or property held, owned or used by the town under authority of this act, shall forfeit and pay to the town three times the amount of the damages assessed therefor, to be recovered in an action of tort; and on conviction of any of the wanton or malicious acts aforesaid may also be punished by fine not exceeding three hundred dollars or by imprisonment in the house of correction for a term not exceeding one year. SECTION 7. This act shall take effect upon its acceptance by a vote of two thirds of the voters of the said town present and voting thereon at any legal town meeting called for the purpose within three years after its passage; but the number of such meetings shall not exceed three in any one year. At such meetings the votes shall be taken by written or printed ballots and the polls shall be kept open at least four hours. At such meetings the |
