Aqueduct Company, acquired by said Cambridge Water Works under the provisions of chapter twelve of the acts of the year eighteen hundred and sixty-one, and hold the same, and may enlarge, improve and repair the water sources, aqueducts, pumps, reservoirs and other property so purchased, with a view to an increased and adequate supply of pure water for public and private uses in said city, subject to the restrictions now imposed by law upon the Cambridge Water Works; and may also take and hold, in like manner, such land as may be necessary for erecting and maintaining dams and reservoirs, and for erecting and maintaining conduits, pipes and other works for collecting, conducting and distributing water from the sources of supply now used by said Cambridge Water Works through said city, or from the sources of supply which said Cambridge Water Works have the right to use. The Cambridge Water Works are hereby authorized and empowered to sell and transfer all their corporate property, rights and franchise to the said city of Cambridge.

SECT. 2. The mayor of said city, within thirty days after the taking of any land or other property, under the provisions of this act, shall file in the registry of deeds for the county of Middlesex a description thereof sufficiently accurate for identification.

SECT. 3. Said city, for the purposes aforesaid, may build aqueducts and maintain the same, by any works suitable therefor; may erect and maintain dams; may make and maintain suitable reservoirs; may make and establish such public fountains and hydrants as may from time to time be deemed proper, and may change or discontinue the same; may regulate the use of the water, and establish the prices or rents to be paid therefor, and collect the same by process of law. Said city may also, for the purposes aforesaid, carry its pipes and drains over or under any water-course, street, railroad, highway or other way, in such manner as not to obstruct the same; and may enter upon and dig up such road, street or way, for the purpose of laying down, maintaining or repairing pipes or drains, and may do any other acts or things necessary and proper in executing the purposes of this act.

SECT. 4. If said city enters upon and digs up, for the purposes aforesaid, any road, street or way without its own limits, it shall do so under the direction of the selectmen of the town in which said road, street or way is located, and shall restore said road, street or way to as good order and condition as it was in before such digging was commenced; and the work shall be done in such manner and with such care as not to render any road, street or way in which such pipes are laid, unsafe or unnecessarily inconvenient to the public travel thereon. Said city shall at all times indemnify and save harmless such town which is liable to keep in repair any road, street or way aforesaid, against all damages which may be recovered against it, and shall reimburse to it all expenses which it shall reasonably incur by reason of any defect or want of repair in such road, street or way, caused by the maintenance, repairing or replacing of said pipes, or by reason of any injury to persons or property caused by any defect or want of repair in such pipes; provided, that said city has notice of any claim or suit for such damage or injury, and an opportunity to assume the defence thereof.

SECT. 5. Said city shall be liable to pay all damages sustained by any persons or corporations by the taking of any land or property, or by the constructing of any aqueducts, reservoirs or other works, for the purposes aforesaid. If any person or corporation, sustaining damages as aforesaid, cannot agree with said city upon the amount of said damages, he may have them assessed in the same manner as is provided by law with respect to land taken for highways.

SECT. 6. All the rights, powers and authority given to the city of Cambridge by this act shall be exercised by said city, subject to all duties, liabilities and restrictions herein contained, in such manner and by such agents, officers and servants as the City Council shall from time to time ordain, direct and appoint.

SECT. 7. For the purpose of defraying the cost of such franchises, property, lands, water and water-rights as are purchased, taken or held for the purposes aforesaid, and of constructing the works necessary and proper for the accomplishment of said purposes, and paying all expenses incident thereto, the City Council shall have authority to issue scrip or bonds, to be denominated on the face thereof "Cambridge Water Loan," to an amount not exceeding in the whole five hundred thousand dollars, bearing interest not exceeding six per centum per annum, payable semiannually, and the principal to be payable at periods not more than fifty years from the issuing of such scrip or bonds, respectively. Said City Council may sell the same or any part thereof, from time to time, or pledge the same for money borrowed for the above purposes; but the same shall not be sold or pledged for less than the par value thereof. Said scrip or bonds may be paid at the par value thereof, for the purchase of the property mentioned in section one of this act.

SECT. 8. The City Council shall establish such price or rents to be paid for the use of the water as to provide annually, if practicable, from the net income and receipts therefor, for the payment of the interest and not less than one per centum of the principal of the " Cambridge Water Loan," and shall determine the manner of collecting the same. The net surplus income and receipts, after deducting all expenses and charges of distribution, shall be set apart as a sinking fund, and applied solely to the payment of the principal and interest of said loan, until the same is fully paid. The mayor, city treasurer and president of the Common Council, for the time being, shall be trustees of said fund, and shall, whenever required by the City Council, render an account of all their doings in relation thereto.

SECT. 9. The occupant of any tenement shall be liable for the payment of the rent for the use of the water in such tenement, and the owner thereof shall be also liable, if, on being notified of such use, he does not object to the same.

SECT. 10. If any person shall use any of the said water, either within or without said city, without the consent of the same, an action of tort may be maintained by said city for the recovery of the damages sustained.

SECT. 11. Whoever wantonly or maliciously diverts the water, or any part thereof, taken or held by said city pursuant to the provisions of this

act, or corrupts the same, or renders it impure, or destroys or injures any dam, aqueduct, pipe, conduit, hydrant or machinery, or other works or property held, owned or used by said city under the authority and for the purposes of this act, shall forfeit and pay to said city three times the amount of the damages assessed therefor, to be recovered in an action of tort; and on conviction of either of the wanton or malicious acts aforesaid, may also be punished by fine not exceeding three hundred dollars, or by imprisonment not exceeding one year in the house of correction in said county of Middlesex.

SECT. 12. This act shall take effect upon its passage. [Approved April 25, 1865.]

1866, CHAPTER 89.

An Act to Amend an Act for Supplying the City of Cambridge with Pure Water.

Be it enacted, etc., as follows:

SECTION 1. The seventh section of chapter one hundred and fiftythree of the acts of the year eighteen hundred and sixty-five is hereby amended as follows: The City Council of the city of Cambridge shall have authority to sell the scrip or bonds specified in said section, or any part thereof, from time to time, or pledge the same for money borrowed for the purposes named in said section, on such terms and conditions as the said City Council shall judge proper.

SECT. 2. This act shall take effect upon its passage. [Approved March 21, 1866.]

1868, CHAPTER 13.

An Act in Addition to an Act to Supply the City of Cambridge with Pure Water.

Be it enacted, etc., as follows:

SECTION 1. For the purpose of extending and enlarging the Cambridge Water Works, the City Council of the city of Cambridge shall have authority to issue scrip or bonds, in addition to the scrip or bonds the issue of which was authorized by chapter one hundred and fifty-three of the acts of eighteen hundred and sixty-five, to an amount not exceeding five hundred thousand dollars, bearing interest not exceeding six per centum per annum, payable semi-annually, and the principal to be payable at periods not more than fifty years from the issuing of said scrip or bonds; and said City Council shall have authority to sell said scrip or

bonds or any part thereof, from time to time, or pledge the same for money borrowed for the extension of said water works, on such terins and conditions as the said City Council shall judge proper. SECT. 2. This act shall take effect upon its passage.

[Approved Feb. 17, 1868.]

1872, CHAPTER 157.

An Act in Addition to an Act to Supply the City of Cambridge with Pure Water.

SECTION 1. To enlarge and extend the water works of the city of Cambridge, the City Council of said city may issue scrip or bonds in addition to the scrip or bonds authorized by chapter thirteen of the acts of the year eighteen hundred and sixty-eight, to an amount not exceeding five hundred thousand dollars, bearing interest not exceeding six per centum per annum, payable semi-annually, the principal to be payable at periods not more than fifty years from the issuing of such scrip or bonds; and said City Council may sell such scrip or bonds, or any part thereof, from time to time, or pledge the same for money borrowed for the extension of said water works, on such terms and conditions as it may deem proper. SECT. 2. This act shall take effect upon its passage.

[Approved March 28, 1872.]

1875, CHAPTER 145.

An Act in Addition to an Act to Supply the City of Cambridge with Pure Water.

Be it enacted, etc., as follows:

SECTION 1. To enlarge and extend the water works of the city of Cambridge, the City Council of said city may issue scrip or bonds in addition to the scrip or bonds authorized by chapter one hundred fifty-seven of the acts of the year eighteen hundred seventy-two, to an amount not exceeding five hundred thousand dollars, bearing interest not exceeding six per centum per annum, payable semi-annually, the principal to be payable at periods not more than twenty years from the issuing of such scrip or bonds; and said City Council may sell such scrip or bonds, or any part thereof, from time to time, or pledge the same for money borrowed for the extension of said water works, on such terms and conditions as it may deem proper.

SECT. 2. Said city of Cambridge shall annually set apart from the surplus receipts of said works, after deducting all expenses and charges of distribution, and if that should be insufficient, from money raised by

taxation for the sinking fund now established for the redemption of its water bonds, a sum not less than three per centum of the par value of the then outstanding water bonds.

SECT. 3. This act shall take effect upon its passage.

[Approved April 20, 1875.]

1875, CHAPTER 165.

An Act to Provide a Further Supply of Water for the City of Cambridge.

Be it enacted, etc., as follows:

SECTION 1. The city of Cambridge, for the purpose of supplying said city and the inhabitants thereof with pure water for the extinguishment of fires, for domestic and other purposes, may take, hold and convey into and through said city the waters of Spy Pond, in the town of Arlington, and of Little Pond, in the town of Belmont, and of Wellington Brook, in said Belmont, and the waters that flow into said ponds or brook, or either of them; may connect the same or any part thereof with Fresh l'ond; and may take and hold by purchase or otherwise such land on and around the margin of said ponds, including Fresh Pond, not exceeding five rods in width, as may be necessary for the preservation and purity of said waters, and may also take and hold in like manner such lands as may be necessary for erecting and maintaining dams and reservoirs, and for laying and maintaining conduits, pipes, drains and other works for collecting, conducting and distributing said waters into and through said city either by the way of Fresh Pond or otherwise: provided, however, that said city shall not hereby acquire any right to take ice from either of said ponds, or to take land upon which any building or machinery is now erected, or which is used in connection with such building or machinery for the purpose of storing ice or for convenience in cutting, storing and moving ice, without the consent of the owner of said land and buildings or machinery, and shall not obstruct by ditches, buildings or other structures the rights of such owners in the cutting, storing and moving of ice, except so far as the same shall result from the raising or lowering of the surface of the water of said ponds or either of them, and except so far as is necessary for the preservation of the purity of the waters of said ponds; but nothing in this act shall be construed to give additional rights to said city to lower the surface of said Fresh Pond below the point now authorized by law.

SECT. 2. Said city, by its mayor, shall, within sixty days after taking any lands for the purposes of this act, file in the registry of deeds of the county and district in which such land lies, a description of the land so taken as certain as is required in a common conveyance of land.

SECT. 3. Said city, for the purposes aforesaid, may build aqueducts, and maintain the same by any works suitable therefor; may erect and