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. All such commissioners, except in case of removal, shall hold office until their successors are elected, and vacancies occurring during the term may be filled for the remainder of the term by vote of the town at a meeting duly called for that purpose. No person shall be elected commissioner who holds at the time any elective town office. Any commissioner, after due notice and hearing, may be removed at any time by a majority vote of the town for any cause which shall be deemed sufficient and which shall be expressed in the vote Compensation. of removal. The commissioners shall receive such compensation for their services as the town shall determine. To superintend SECTION 12. Said commissioners shall superintend and make contracts, direct the construction, execution and performance of all the works, matters and things mentioned in the preceding sections. They shall be subject to such ordinances, rules and regulations in the execution of their duties as the town may from time to time ordain and establish, not inconsistent with the provisions of this act and the laws of this Commonwealth. Said water commissioners shall make all contracts for the above purposes in the name and behalf of the town, but no contracts shall be made by them which involve the expenditure of money not already appropriated for the purpose by the town of Milton. A majority of said commissioners shall be a quorum for the exercise of the powers and the performance of the duties of the commission. construction, etc. Quorum. Payment of loan, etc. Α SECTION 13. Said commissioners shall fix such prices or rates for the use of the water as shall produce annually, as near as may be, a net surplus over operating expenses and interest charges equal to two per cent of the total amount of the bonds, notes or scrip issued under this act, after paying all current expenses of operating the water works and after paying interest upon loans, and after paying all expense for new construction, not exceeding ten thousand dollars in any one year after the original construction. The commissioners of sinking funds of the town of Milton shall be trustees of the sinking fund which shall be set apart for the payment and redemption of said water loan, and which shall remain inviolate and pledged to the payment of said loan and shall be used for no other purpose. The net surplus aforesaid shall be paid into the sinking fund if any is established hereunder, and if said surplus does not equal two per cent of the total amount of the bonds, notes or scrip issued under this act, the town shall raise by general taxation a sum which with the surplus will equal said two per cent, and shall contribute said sum to the sinking fund. Said commissioners shall Commissioners annually, and as often as the town may require, render account of their an account of all their doings in relation to the sinking tion to the sinkfund, and shall be governed by the provisions of section ing fund, etc. fifteen of chapter twenty-seven of the Revised Laws, except as herein otherwise provided. to render an doings in rela admitted into tan water dis chase property Company, etc. SECTION 14. The metropolitan water and sewerage Town may be board shall on application admit the town of Milton into the metropolithe metropolitan water district, and shall furnish water triet to the town on the terms prescribed by chapter four hundred and eighty-eight of the acts of the year eighteen hundred and ninety-five and of acts in amendment thereof and in addition thereto, for the cities and towns included in the metropolitan water district, and on payment of such sum of money as said board may determine to be just. SECTION 15. If within thirty days after this act has Town may purbeen accepted by the town of Milton, as hereinafter of Milton Water provided, the Milton Water Company shall notify the selectmen of the town of Milton in writing that it desires to sell to said town all its right, interest and easements in real estate, pipes, mains, hydrants, tools, equipments, supplies and all appliances owned by said company, and situated in the town of Milton, and used in supplying said town and the inhabitants thereof with water, and also any right of said company to use the water from the metropolitan water district, and shall file with the town. clerk of said town a specification and description thereof, section fourteen of this act shall not take effect nor shall said town proceed to supply water to itself or its inhabitants under authority of this act, unless it shall have first purchased of said company the property aforesaid; 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 conveyed for the purposes and under the provisions of this act. If within six months after the passage of this act said town shall by a majority vote of the legal voters chase property Company, etc. Town may pur- of said town present and voting thereon at a legal meetof Milton Water ing called for that purpose, or at any annual town meeting, vote to purchase said property, and to issue bonds or notes for the purpose of paying therefor in whole or in part, notice of the desire of said company to sell the same having been given as hereinbefore provided, such bonds or notes may thereupon be issued by the treasurer of the town, and said property shall upon payment therefor become the property of the town, and it shall pay said company therefor as hereinafter provided, within two months after such vote to purchase. The provisions of section six respecting the bonds, notes or scrip which may be issued under authority thereof shall, as to designation, times of payment, rate of interest and the sale or pledge thereof, apply to the bonds or notes which may be issued under the authority of this section. The town in payment therefor shall assume the liability and obligation of said company upon the outstanding bonds heretofore issued by it, including interest, and shall indemnify and save harmless said company from all loss, cost and expense by reason thereof, and shall pay to said company the sum of one hundred and eightynine thousand dollars, with such additions or deductions as shall be determined upon the following plan and accounting, and with interest at the rate of five per cent per annum upon the sum thus found due from the first day of April in the current year to the day of payment by the town, namely:- Upon whatsoever day the town shall make payment for said property it shall take the same as of said first day of April. If between said first day of April and the day of payment by the town the expenses of said company, including interest on said bonds hereafter paid by it, if any, shall exceed its receipts for water rates due and payable on or after said first day of April, the difference shall be added to, and if such receipts are greater than its expenses, including interest on said bonds hereafter paid by it, if any, the excess shall be deducted from, said sum. Upon payment by the town to said company as above provided said company shall assign to the town upon request of its selectmen all sums due it for unpaid water rates which may have accrued on or after said first day of April. If the town and said company shall be unable to agree upon the sum to be paid to said company by the town under the provisions of this act the same shall be determined by an assessor to be appointed by the superior court upon petition of either party, and the determination of such assessor in writing when approved by the court shall be final and binding on both parties. acceptance to be voters. SECTION 16. This act shall be submitted to the quali- Question of fied voters of the town of Milton for their acceptance and submitted to shall be void unless such voters, voting at a legal meeting called for that purpose in the same manner in which meetings for town elections are called, or at any annual town meeting, shall, within six months after the passage of this act, determine by ballot by a majority vote of those present and voting thereon to accept the same. The warrant for notifying such meeting, if called specially as aforesaid, shall specify when the polls shall be opened for the purpose of voting and when they shall be closed. SECTION 17. So much of this act as authorizes the When to take submission of the question of its acceptance to the quali- effect. fied voters of said town shall take effect upon its passage, but it shall not take further effect until accepted as hereinbefore provided by the qualified voters of said town; and the number of meetings called for the purpose of voting upon the question of its acceptance shall not exceed three. Approved April 17, 1902. AN ACT RELATIVE TO THE PRESERVATION OF RECORDS BY THE Be it enacted, etc., as follows: Chap.308 amended. SECTION 1. Section five of chapter nineteen of the R. L. 19, § 5, Revised Laws is hereby amended by inserting after the word "rules", in the fifth line, the words : and the examination papers of such applicants, and after the word "preserved ", in said line, the words: - for at least six years, after which time any or all application and examination papers of applicants, with accompanying recommendations, may, at the discretion of said commissioners, be destroyed, so as to read as follows:Section 5. They shall keep records of their proceedings Civil service and of examinations made by them or under their author- to preserve ity. Recommendations of applicants received by them records, etc. or by any officer authorized to make appointments or to employ laborers or others, within the scope of such rules, commissioners and the examination papers of such applicants, shall be preserved for at least six years, after which time any or all application and examination papers of applicants, with accompanying recommendations, may, at the discretion. of said commissioners, be destroyed. Such records and recommendations shall, under regulations approved by the governor and council, be open to public inspection. Annual report, The commissioners shall from time to time suggest to the general court appropriate legislation for the administration and improvement of the civil service and shall annually before the tenth day of January make a report which shall contain any rules adopted under the provisions of this chapter. etc. SECTION 2. This act shall take effect upon its passage. Chap.309 AN ACT TO ESTABLISH THE COMPENSATION OF THE SPECIAL JUS Compensation of special jus court for county of Dukes County established. TICES OF THE DISTRICT COURT FOR THE COUNTY OF DUKES Be it enacted, etc., as follows: SECTION 1. The special justices of the district court tices of district for the county of Dukes County shall receive five dollars for each day's service, except that if their days of service in any one year taken together amount to more than thirty days, not counting those days on which more than one session of the court is held at the same time, in accordance with law, their compensation for all days of service in excess of the said thirty days shall be at the rate per day of the salary of the justice of said court. Their compensation shall be paid by said county, but the compensation paid for any excess over thirty days' service, as aforesaid, in any one year, except for service in holding two or more sessions at the same time, according to law, shall be deducted by the county treasurer of the county from the salary of the justice of said court. Chap.310 Issue of void marriages legiti. SECTION 2. This act shall take effect upon its passage. Approved April 17, 1902. AN ACT RELATIVE TO THE ISSUE OF VOID MARRIAGES. SECTION 1. If a marriage is declared void by reason. mate in certain of a prior marriage of either party and the court finds that the second marriage was contracted with the full cases. |