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watershed of the Wachusett reservoir; for a new main for the water supply of the town of Winthrop; and for small extensions of the distribution system. SECTION 2. For the purposes aforesaid the metropolitan Issue of bonds water and sewerage board may, in addition to providing for the improvements for which expenditures are authorized by chapter five hundred and fifty-eight of the acts of the year nineteen hundred and eight, expend any sum heretofore appropriated for the construction of the metropolitan water works. To meet the further expenditures incurred under the provisions of this act, and not so provided for, the treasurer and receiver general shall, from time to time, issue upon the request of said board, bonds in the name and behalf of the commonwealth, to be designated on the face thereof, Metropolitan Water Loan, Act of 1909, to an amount not exceeding nine hundred thousand dollars, in addition to the sum of forty million eight hundred and ninety-eight thousand dollars authorized to be issued under the provisions of chapter four hundred and eighty-eight of the acts of the year eighteen hundred and ninety-five, chapter four hundred and fifty-three of the acts of the year nineteen hundred and one, chapter three hundred and sixty-seven of the acts of the year nineteen hundred and six and chapter five hundred and fifty-eight of the acts of the year nineteen hundred and eight, and the provisions of said 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 shall apply to this additional loan.

SECTION 3. All sums which shall be received from the town of Swampscott for the admission of said town into the metropolitan water district shall be paid into the Metropolitan Water Loan Fund, and may be applied by the metropolitan water and sewerage board to the construction of works made necessary by the admission of said town into the metropolitan water district.

SECTION 4. This act shall take effect upon its passage. [Approved April 26, 1909.

Application of

funds received

from town of

Swampscott

for admission.

Adequate works to be provided by cities and

[CHAPTER 433.]

AN ACT TO PROVIDE FOR THE PROPER MAINTENANCE AND EN

LARGEMENT OF WORKS FOR THE TREATMENT OR PURIFICA-
TION OF SEWAGE.

Be it enacted, etc., as follows:

SECTION 1. Cities, towns, persons, firms or corporations, owning or operating filter beds or other works for the treattowns, etc., for ment or purification of sewage shall provide and maintain

the treatment

of sewage.

Regulations,

etc.

Board of health may prohibit the

entrance of waste, etc., into a sewer system.

works adequate for the treatment of the sewage at all times, and shall operate such works in such manner as will prevent a nuisance therefrom or the discharge or escape of unpurified or imperfectly purified sewage or effluent into any stream, pond or other water, or other objectionable result.

SECTION 2. The board of sewer commissioners or other board or officer having charge of the sewers in cities and towns shall have authority to make such regulations regarding the use of the sewers as are necessary to prevent the entrance or discharge therein of any substance which may tend to interfere with the flow of sewage or the proper operation of the sewerage system or disposal works.

SECTION 3. The state board of health, if convinced, upon examination, that a filter bed or other works for the treatment or purification of sewage causes the pollution of a stream, pond or other water, or is likely to become a source of nuisance or create objectionable results in its neighborhood by reason of defective construction, inadequate capacity or negligence or inefficiency in maintenance or operation or from other cause, may issue notice in writing to the city, town or person owning or operating such works requiring such enlargement or improvement in the works or change in the method of operation thereof as may be necessary for the proper maintenance and operation of the works and the efficient purification and disposal of the sewage. In case the state board of health is satisfied after investigation that the unsatisfactory operation of a sewage disposal system is due wholly or partly to the discharge into the system of manufacturing waste or other substance of such character as to interfere with the efficient operation of said works, said board may if necessary prohibit the entrance of such waste or other material or may regulate the entrance thereof into the system, or may require the treatment of such

waste or other material in such manner as may be necessary to prevent its interference with the operation of the works. SECTION 4. The supreme judicial court, or the superior Enforcement court, shall have jurisdiction in equity to enforce the provisions of this act upon petition of the state board of health or of any party interested.

SECTION 5. This act shall take effect upon its passage. [Approved May 21, 1909.

of provisions.

[CHAPTER 473.]

AN ACT TO AUTHORIZE THE METROPOLITAN WATER AND SEW-
ERAGE BOARD TO SELL OR LEASE CERTAIN LAND FOR THE
TRANSMISSION OF ELECTRIC POWER.

Be it enacted, etc., as follows:

amended.

(Storing or

SECTION 1. Section eleven of chapter four hundred and 1895, 488, § 11, eighty-eight of the acts of the year eighteen hundred and ninety-five is hereby amended by inserting after the word "needed", in the fourteenth line, the words: and may, in their discretion, by lease, license or other agreement, permit the construction and maintenance on any land under their control of towers, poles, wires and other structures for the purpose of transmitting electric power over lands and waters of the commonwealth held for water supply purposes: provided, that, in the opinion of the board, such lease, license or agreement will not affect or interfere with the metropolitan water supply; and provided, further, that no lease, license or agreement shall be given or made for a period of more than fifteen years, so as to read as follows: Section 11. Said board and any city, town or water company aforesaid, may agree with each other for the storing or pumping of water, or the furnishing of the same as aforesaid by either party to any city, town or company; and any such city, town or company may sell to said board, and said board may purchase any property of such city, town or company, whether taken by eminent domain or otherwise, that said board may deem desirable for use in furnishing, as aforesaid, water to any city, town or water company; and said board may sell at public or private sale any property, real or personal, whether taken by eminent domain or otherwise, no longer needed for the water works under their charge, or may from time to time lease any property not then so needed; and may, in their discretion, by lease, license or

pumping of water, purchase of prop. erty, etc.)

Provisos.

other agreement, permit the construction and maintenance on any land under their control of towers, poles, wires and other structures for the purpose of transmitting electric power over lands and waters of the commonwealth held for water supply purposes: provided, that, in the opinion of the board, such lease, license or agreement will not affect or interfere with the metropolitan water supply; and provided, further, that no lease, license or agreement shall be given or made for a period of more than fifteen years. The proceeds from the operations of said board shall be paid into the treasury of the commonwealth.

SECTION 2. This act shall take effect upon its passage. [Approved June 4, 1909.

Town of Framingham may erect struc

tures for transmission of electricity.

monwealth ex. cepted.

[CHAPTER 479.]

AN ACT TO AUTHORIZE THE TOWN OF FRAMINGHAM TO PRO-
CURE AND USE ELECTRICITY FOR CERTAIN MUNICIPAL PUR-
POSES.

Be it enacted, etc., as follows:

SECTION 1. The town of Framingham is hereby authorized to erect, maintain and use poles, wires and other fixtures, appliances and apparatus in, under, over and upon any lands, public ways or lanes therein for the transmission of electricity generated by it or purchased from any person, firm or corporation now or hereafter authorized by law to distribute and sell electricity in said town, the same to be used in its water works and sewage disposal pumping stations, and for the purification of its sewage and water supply, but for no other purpose: Lands of com- provided, however, that no such poles, wires, fixtures, appliances or apparatus shall be erected or maintained in, under, over or upon any lands belonging to the commonwealth or subject to the jurisdiction of the metropolitan water and sewerage board. The authority to generate electricity for the purposes of this act shall only be exercised after the affirmative vote of two thirds of the voters present and voting thereon at each of two town meetings called for the purpose and held at intervals of not less than two nor more than four months. Nothing herein contained shall authorize said town to acquire a plant for the manufacture or distribution of electricity for other municipal uses or for the use of its inhabitants, save upon the proceeding required by and subject to the provisions.

of chapter thirty-four of the Revised Laws and all amendments thereof now or hereafter enacted. The said town, for the purpose aforesaid, may take, or acquire by purchase or otherwise, and hold such lands, easements and rights of way. as may be needed therefor. Such taking shall be in the manner provided by chapter two hundred and six of the acts of the year eighteen hundred and ninety-three, and the town shall be liable for all damages to property sustained by any person or corporation by reason of any taking or other act made or done under authority hereof.

SECTION 2. This act shall take effect upon its passage. [Approved June 9, 1909.

RESOLVES.

[CHAPTER 56.]

RESOLVE IN FAVOR OF MICHAEL NAGLE.

Resolved, That there be allowed and paid out of the North Michael Nagle. Metropolitan System Maintenance Fund, to Michael Nagle of Boston, the sum of forty-five dollars, in full compensation for loss of clothing, money and personal effects, sustained by him while endeavoring to protect the property of the commonwealth at the time of the Chelsea fire, April twelfth, nineteen hundred and eight. [Approved April 26, 1909.

[CHAPTER 57.]

RESOLVE IN FAVOR OF PATRICK CROWLEY.

Crowley.

Resolved, That there be allowed and paid out of the North Patrick Metropolitan System Maintenance Fund, to Patrick Crowley of Boston, the sum of one hundred three dollars and fifty cents, in full compensation for loss of clothing, money and articles of personal adornment, sustained by him while endeavoring to protect the property of the commonwealth at the time of the Chelsea fire, April twelfth, nineteen hundred and eight. [Approved April 26, 1909.

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