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in suitable form to be attached to his policy and shall also be sent to the insurance commissioner within fifteen days of the time when such amendment goes into effect. SECTION 2. This act shall take effect upon its passage. .

Approved March 4, 1902.

Chap.141 AN ACT TO CONFIRM A CERTAIN AGREEMENT BETWEEN THE CITY

OF BOSTON AND THE BOSTON TERMINAL COMPANY RELATING TO

Certain agree ment between

THE CONSTRUCTION OF COVE STREET BRIDGE.
Be it enacted, etc., as follows :

SECTION 1. The agreement signed by the mayor of the city of Boss the city of Boston, assuming to act for that city, and ton Terminal by the vice chairman of the Boston Terminal Company Company con. firmed. on behalf of the trustees of that company, relating to the

construction of Cove Street bridge, so-called, over the lands of said company, and dated January thirty-first, nineteen hundred and two, is hereby ratified and confirmed as a contract between the city of Boston and the said terminal company; and the city and company may do the things therein agreed upon and as therein specified. SECTION 2. This act shall take effect

upon

its passage. Approved March 4, 1902.

Omce of state fire marshal,

the district

Chap.142 An ACT TO TRANSFER THE POWERS AND DUTIES OF THE STATE

FIRE MARSHAL TO THE MASSACHUSETTS DISTRICT POLICE.
Be it enacted, etc., as follows:

SECTION 1. The office of state fire marshal and all etc., abolished. offices thereunder are hereby abolished. Fire marebal's department of

SECTION 2. A new department of the district police

is hereby created, with the powers and duties heretofore police created.

conferred and imposed upon the state fire marshal, his deputy, clerk, assistants and aids. Said department shall be called the fire marshal's department, and there shall be assigned to it the following officers, who shall be ap

pointed by the governor, each to hold office for the term Officers, ap- of three years from the date of his appointment : pointment,

deputy chief, who shall have all the powers and duties heretofore conferred and imposed upon the state fire marshal, and shall have charge of the said department under the direction of the chief of the district police, at a salary of twenty-four hundred dollars a year; a chief aid, who shall have all the powers and duties heretofore

powers and duties.

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conferred and imposed upon the deputy state fire marshal, at a salary of fifteen hundred dollars a year; and not more than six additional aids, each at a salary of one thousand dollars a year. The chief of the district police may appoint for service in said department a clerk and a stenographer, each at a salary of twelve hundred dollars a year.

In the organization of the fire marshal's department any person now in the service of the state fire marshal may be appointed or employed without civil service examination. The chief of the district police may at his discretion exercise any of the powers and perform any of the duties of the deputy chief, and may at any time detail any of the members of the detective department of the district police for service in the fire marshal's department. The deputy chief shall submit the Deputy chief annual report of his official action to the chief of the dis

to make report. trict police, who shall transmit the same to the insurance commissioner.

SECTION 3. So much of section two of this act as au- When to take thorizes the appointment of the members of the said fire marshal's department of the district police shall take effect upon the first day of May in the year nineteen hundred and two, and the remainder of this act shall take effect as soon as the members of said department are appointed and qualified.

Approved March 4, 1902.

effect.

AN ACT RELATIVE TO THE RECOVERY FOR INJURIES TO PROPERTY

Chap.143 CAUSED BY THE REBUILDING OF BROADWAY BRIDGE IN THE CITY

OF BOSTON.
Be it enacted, etc., as follows:

SECTION 1. Section one of chapter four hundred and 1900, 452, $ 1, fifty-two of the acts of the year nineteen hundred is hereby amended by adding at the end thereof the words :- Any person injured in his property, whether as owner, lessee or mortgagee, by the change of grade of said Broadway bridge under authority of this act, may have his damages therefor determined by a jury and paid by the city of Boston, under the same rules of law as damages for the change of grade of any highway in said city are determined, so as to read as follows:

Section 1. The Broadway New England Railroad Company shall pay into the treas- biridge in the ury of the city of Boston the amount of money which it to be rebuilt, would have been obliged to pay for raising Broadway

Damages.

bridge, so-called, and the approaches thereto in said city,
in the manner recently authorized by the board of alder-
men of the city on the petition of said company, and
on such payment the city engineer of the city shall re-
build said Broadway bridge and the approaches thereto
at grades no lower than those to which the bridge was so
authorized to be raised, and according to plans approved
by the mayor of the city. Any person injured in his
property, whether as owner, lessee or mortgagee, by the
change of grade of said Broadway bridge under authority
of this act, may have his damages therefor determined
by a jury and paid by the city of Boston, under the same
rules of law as damages for the change of grade of any
highway in said city are determined.
SECTION 2. This act shall take effect upon its passage.

Approved March 4, 1902.

Chap.144 AN ACT TO AUTHORIZE THE TOWN OF WELLESLEY TO ELECT A

BOARD OF WATER AND MUNICIPAL LIGHT COMMISSIONERS.

etc.

Be it enacted, etc., as follows: Town of

SECTION 1. The town of Wellesley shall, within one Wellesley to elect a board of year after this act takes effect, elect by ballot a board municipal light of water and municipal light commissioners, to consist of commissioners,

three
persons,

who shall hold office from their election for terms ending one year, two years and three years, respectively, from the date of the meeting at which they are elected, if the same is an annual meeting, or, if the same is a special meeting, for terms ending one year, two years and three years, respectively, from the date of the annual meeting next following their election, and, in either case, until their successors are elected ; and at each annual town meeting thereafter said town shall elect

one member of said board to serve for three years or Vacancy, until his successor is elected. If a vacancy shall occur

in said board said town may at any meeting called for the purpose elect a person to fill said vacancy.

SECTION 2. Upon and by the election of a board of to be abolished, water and municipal light commissioners under section

one of this act the board of water commissioners established under chapter one hundred and sixty-six of the acts of the year eighteen hundred and eighty-three shall be abolished, and the selectmen of said town shall cease to exercise such powers and to be subject to such duties,

Board of water commissioners

sioners. .

liabilities and penalties as at the time of such election are conferred or imposed by general laws upon municipal light boards, and thereupon all the powers, rights, duties and liabilities of said board of water commissioners shall be transferred to said board of water and municipal light commissioners. Said board of water and municipal light Powers and commissioners shall also have all the powers and be sub- board of water ject to all the duties, liabilities and penalties which at light commisthe time of such election are or thereafter may be conferred or imposed by general laws upon municipal light boards. No contracts, rights, liabilities or suits existing at the time of such election shall be affected in any way, but said board of water and municipal light commissioners shall, in all respects and for all purposes whatsoever, be the lawful successor of said board of water commissioners and of said selectmen acting as aforesaid, respectively.

SECTION 3. This act shall take effect upon its ac- When to take ceptance by said town at a legal meeting called for that purpose.

Approved March 4, 1902.

effect.

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AN ACT TO AMEND THE CHARTER OF THE SCITUATE WATER COM

Chap.145 PANY AND TO AUTHORIZE SAID COMPANY TO ACQUIRE ADDITIONAL WATER SUPPLY. Be it enacted, etc., as follows:

SECTION 1. Section two of chapter three hundred 1893, 391, $ 2, and ninety-one of the acts of the year eighteen hundred and ninety-three is hereby amended by inserting after the word “ brook”, in the third line, the words :and any other body or bodies of water, — by striking out the words “on the southerly side of Willow street and casterly of the tracks of the Old Colony Railroad Company”, in the seventh, eighth and ninth lines, by striking out the word " and ", in the thirteenth line, and inserting in place thereof the words :provided, that no source of water supply for domestic purposes, and no lands necessary for preserving the quality of such water, shall be taken without first obtaining the advice and approval of the state board of health. Said town may also, and by adding at the end of said section the following words: — The company shall not have the right however, except by agreement with the owner thereof, to take Beaver Dam spring, so-called, or any land now belonging to Albert and Fannie M. Clapp on the westerly

take certain

etc.

Proviso.

side of the track of the New York, New Haven and
Hartford Railroad Company, nor any of the adjoining
land now owned by said Clapps lying on the northerly
side of Willow street and between said track and Satuit
brook, so-called, and situated at a distance of more than

two hundred feet westerly from said brook, — so as to Scituate Water read as follows:- Section 2. Said corporation, for the Company may

purposes aforesaid, may lease, take, acquire by purchase waters, lands

or otherwise, and hold the waters of Satuit brook and
any other body or bodies of water within the limits of
said town of Scituate, and all water rights connected
therewith, and obtain and take water by means of bored,
driven, artesian or other wells, on land within the limits
of said town of Scituate, and hold them and convey said
waters through said town; and may also take and hold,
by lease or otherwise, all lands, rights of way and ease-
ments necessary for holding and preserving such water
and conveying the same to any part of said town: pro-
vided, that no source of water supply for domestic pur-
poses, and no lands necessary for preserving the quality

of such water, shall be taken without first obtaining the
May erect advice and approval of the state board of health. Said
structures, lay
down conduits, town may also erect on the land thus taken or held proper
pipes, etc.

dams, fixtures or other structures; and may make excava-
tions, procure and operate machinery, and provide such
other means and appliances as may be necessary for the
establishment and maintenance of complete and effective
water works; and may construct and lay down conduits,
pipes and other works, over and under any lands, water
courses, railroads, highways, town ways, public or pri-
vate ways of any nature, kind or description, and along
such ways, and in such manner as not unnecessarily to
obstruct the same; and for the purpose of construct-
ing, maintaining and repairing said conduits, pipes and
other works, and for all proper purposes of this act,
said corporation may dig up any such lands, and, under
the direction of the board of selectmen of said town of
Scituate, enter upon and dig up any such ways in such
manner as to cause the least hindrance to public travel
thereon. The right hereinbefore granted to dig up said
lands and ways, to lease, take, acquire and hold waters and
convey them through said town for the purpose of the
establishment and maintenance of complete and effective
water works, shall apply equally to waters now owned

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