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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

of provisions. 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.

(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:
SECTION 1. Section eleven of chapter four hundred and 1895, 488, $ 11,

amended. 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 (Storing or

pumping of city, town or water company aforesaid, may agree with each water, pur.

chase of propother for the storing or pumping of water, or the furnishing erty, etc.) 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

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.

[CHAPTER 479.] AN ACT TO AUTHORIZE THE TOWN OF FRAMINGHAM TO PRO

CURE AND USE ELECTRICITY FOR CERTAIN MUNICIPAL PUR

POSES.

Town of Fram. ingham may erect struc tures for trans. mission of electricity.

monwealth ex.

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, applicepted. ances 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. Resolved, That there be allowed and paid out of the North Patrick

Crowley. 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.

INDEX TO LEGISLATION OF THE YEAR 1909

AFFECTING THE

METROPOLITAN WATER AND SEWERAGE BOARD.

A.
APPROPRIATIONS.

for construction for certain purposes in Metropolitan Water Works, .
for maintenance of Metropolitan Water System,
for maintenance of North Metropolitan Sewerage System,
for maintenance of South Metropolitan Sewerage System,

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C.
CROWLEY, PATRICK.

may have compensation for loss by fire at East Boston station, .

Res.

57

D

DUG POND.

to exclude from Metropolitan Water System,

Chap.
282

1

.

E.
ELECTRIC POWER.

Board may permit structures on land of Commonwealth for transmission of, 4731

F.

FRAMINGHAM.
town of, may erect structures for transmission of electricity except on land

of Commonwealth,

4791

H.

74 1

.

HINGHAM.
town of, exempt from certain provisions of law relative to Metropolitan

Water System,
HULL.
town of, exempt from certain provisions of law relative to Metropolitan

Water System,

74 1

L.

LOAN.

for Metropolitan Water Works, ,

320 2

M.
METERS.
Metropolitan Water and Sewerage Board to supervise and enforce pro-

visions of act relative to,

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