Chap. 0342 An Act to authorize the town of westfield to increase its water supply and make an additional water loan.

Be it enacted, etc., as follows:

Section 1. The town of westfield, for the purpose of providing an additional supply of water for the use of said town and its inhabitants, as authorized by chapter three hundred and twenty-two of the acts of the year eighteen hundred and seventy-three and acts in amendment thereof, may from time to time take and hold, by purchase or otherwise, and convey to any part of said town, the waters of any ponds, springs, streams, artesian or driven wells,
or filter galleries, within the limits of said town of West-field, and the water rights and water sources connected therewith ; also the waters of Munn's brook in Granville and the waters of any streams, springs and water sources within the watershed of said Munn's brook and its tributaries and confluents, and all water rights connected therewith; and may from time to time take and hold as aforesaid any lands, property, rights of way and easements that may be necessary or proper for holding, storing, conve}Ting, distributing and preserving the purity of any of the waters aforesaid and for effectually carrying out the objects of this act; and may erect on any lands so taken proper dams, reservoirs, storage basins, fixtures, structures, machinery and apparatus, may make such excavations and embankments and provide such other means as may be necessary or advisable for said purposes, and may construct and lay down such conduits, canals, pipes or other works, under, through or over any lands, water courses, railroads and public or private ways in said "Westfield and in such other towns as may be necessary or available for said purpose; and for all proper purposes of this act may dig up any such lands and any such public or private ways in such manner as to cause the least hindrance to public travel.
Section 2. Said town shall, within ninety days after the taking of any lands, rights of way, water rights, water sources or easements as aforesaid, otherwise than by purchase, file and cause to be recorded in the registry of deeds for the county in which the same are situated a description thereof sufficiently accurate for identification, with a statement of the purpose for which the same were taken, signed by the water commissioners of said town.
Section o. Said town shall pay all damages sustained by any person or corporation in property by the taking of any lands, rights of way, water, water source, water rights or casements, or by any other thing done by said town under the authority of this act. Any person or corporation sustaining damages as aforesaid under this act, who fails to agree with said town as to the amount of damages sustained, may have the damages assessed and determined in the manner provided by law when lands are taken for the laying out of highways, on application at any time within the period of three years from the taking of such land or other property or the doing of other
injury under the authority of this act; hut no such application shall be made after the expiration of said three years. I\To application for the 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 said town under the authority of this act.
Section* 4. In every case of a claim for damages, as provided herein, the town may tender to the complainant or his attorney any sum that it shall think proper, or may bring the same into court to be paid to the complainant for the damages by him sustained or claimed iu his petition ; and if the complainant shall not accept the same, with the costs up to that time, but shall proceed in the suit, he shall be entitled to his costs up to the time of the tender or such payment into court, and not afterwards, unless he shall recover greater damages than were so offered; and said town shall be entitled to recover its costs afterwards unless the complainant shall recover greater damages than were so offered.
Section* 5. Said town may, for the purpose of paying the necessary expenses and liabilities incurred under the provisions of this act, borrow money from time to time and issue therefor negotiable bonds, notes or scrip to an amount not exceeding in the aggregate one hundred thousand dollars ; such bonds, notes or scrip shall be signed by the treasurer of said town and countersigned by the chairman of the board of water commissioners, and shall be denominated on the face thereof, AVesttield Water Loan, Act of 1895, shall be payable at the expiration of periods not exceeding thirty years from the date of issue, and shall bear such rate of interest, not exceeding six per cent, per annum, as said town may determine. Said town may sell such securities at public or private sale, or pledge the same for not less than the par value thereof for money borrowed for the purposes aforesaid, upon such terms and conditions as it may deem proper, and may make payable annually a fixed proportion of the principal of said bonds, notes or scrip; and said town shall raise annually by taxation the amount required to meet such interest and the proportion of the principal payable annually.
Section 6. If any person shall use an}* of said water taken or obtained under this act without the consent of
said town, or shall wantonly or maliciously divert the water or any part thereof so taken or obtained, or corrupt the same, or render it impure, or destroy or injure any dam, aqueduct, pipe, conduit, hydrant, machinery or other works or property held, owned or used by said town under the authority and for the purposes of this act, he shall forfeit and pay to said town three times the amount of damages assessed therefor, to be recovered iu an action of tort ; and on conviction of either of the wanton or malicious acts aforesaid may be punished by a line not exceeding three hundred dollars or imprisonment in jail not exceeding one year.
Section 7. This act shall not abridge any rights heretofore granted to said town in respect to its water supply ; and the powers specified in this act shall be held to be in addition to all powers heretofore granted.
Section 8. The water commissioners of said town shall have and exercise, in relation to the further water supply and rights authorized and granted by the provisions of this act, similar rights and powers to those now vested in and exercised by them relative to the existing water supply of said town.
Section 9 This act shall not abridge or a fleet any rights of the town of Granville to take and use at any time as a water supply for said town the waters of any of the branches or tributaries of Dickinson brook.
Section 10. The town of Westfield shall, at its own expense, within one year from the time of taking the Maters of said Dickinson brook under the provisions of this act, provide and construct in the town of Granville a system of sewerage acceptable to the state board of health, sufficient to properly remove the sewage of said town from said Dickinson brook or its branches.
Section 11.   This act shall take effect upon its passage.
Approved April 30, ISOo.