maintain dams; may make and maintain suitable reservoirs; máy 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 water, and establish the price 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 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 which is outside of the limits of said city, 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 any 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 expense 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 any 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, or injury to any of their land, water, water-rights, rights of way or property, or by the constructing of any aqueduct, reservoir 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 within three years from such taking or construction 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.

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, 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 corrrection in said county of Middlesex.

SECT. 8. This act shall take effect upon its passage. [Approved May 1, 1875.]

1880, CHAPTER 126.

An Act in Addition to the Acts for the Purpose of Supplying the City of Boston with Pure Water.

Be it enacted, etc., as follows:

SECTION 1. For the purpose of supplying water to its inhabitants, the city of Boston is hereby authorized, by and through the agency of the Boston Water Board, to lay and maintain new main pipes from its reservoir, constructed under the provisions of chapter one hundred and thirtyone of the acts of the year eighteen hundred and sixty-five, through the town of Brookline, to the city of Boston, in the manner provided in chapter one hundred and sixty-seven of the acts of the year eighteen hundred and forty-six; and for this purpose may take and hold, by purchase or otherwise, any lands or real estate necessary therefor; and lay said pipes over or under any water-course, or any streets, turnpike roads, railroads, highways or other ways, in such manner as not to unnecessarily obstruct or impede the travel thereon; and may enter upon and dig up any such roads, streets or ways, for the purpose of laying down said pipes beneath the surface thereof, and for maintaining and repairing the same: but always in such manner and with such care as not to render the roads, streets and ways unnecessarily unsafe or inconvenient to the public travel thereon. And said city of Boston, in performing said work, shall be subject to such reasonable regulations as to time, place and manner of digging up any streets or ways of public travel, for the purposes aforesaid and the laying of said pipes, as shall be made by the selectmen of Brookline, within the limits of said town, for the protection of their rights of drainage and sewerage therein and the public rights of passage thereon. SECT. 2. For the purpose aforesaid the city of Boston is likewise authorized, through the agency of the Boston Water Board, to lay and maintain a main pipe from any point on pipes authorized by the foregoing section through the cities of Cambridge and Somerville, and the towns of Brookline and Medford, to the Mystic pumping station, so called, in the city of Somerville; and for this purpose shall have all the powers specified in the foregoing section, and shall be subject to such reasonable regulations of the city councils of the cities of Cambridge and Somerville, and the selectmen of the towns of Medford and Brookline, within their respective limits, as may by the foregoing section be made by the selectmen of the town of Brookline. Said city of Boston shall not

displace any public sewer or water pipe, without the assent of the said city councils and boards of selectmen, respectively.

SECT. 3. Whenever the city of Boston shall dig up any street or way as aforesaid, it shall restore the same to as good order and condition as the same shall be in when such digging commenced; and the city of Boston shall at all times indemnify and save harmless the cities of Cambridge and Somerville, and the towns of Medford and Brookline, against all damage which may be recovered against them respectively; and shall reimburse to them respectively, all expenses which they shall incur by reason of any defect or want of repair in any street or way, caused by the construction of said aqueduct or the laying of said pipes, or by the maintaining or repairing of the same: provided, that the city of Boston shall have due and reasonable notice of all claims for such damages or injury, and opportunity to make a legal defence thereto.

SECT. 4. The city of Boston shall be liable to pay all damages that shall be sustained by any persons in their property, by the taking of any land or real estate, or the laying of said pipes, as aforesaid; and any person sustaining damage, as aforesaid, may have the same ascertained, determined, collected and paid in the manner which is provided in sections six, seven and eight of chapter one hundred and sixty-seven of the acts of the year eighteen hundred and forty-six.

SECT. 5. Upon requisition by the respective city councils of the cities of Cambridge and Somerville, and the respective boards of selectmen of the towns of Medford and Brookline, prior to the laying of the said aqueduct and pipes through their respective limits, the city of Boston shall insert a number of hydrants in said pipes, at points not less than one thousand feet apart, to be used for extinguishing fires, free of charge, and for no other purpose; and said several cities and towns shall pay to the city of Boston the expense of inserting and keeping in repair such hydrants as shall have been so inserted upon their requisitions aforesaid, within their respective limits.

SECT. 6. The city of Boston is also authorized, if the Boston Water Board shall be of opinion that the supply of water is sufficient for the purpose, to sell water to the city of Cambridge, when conducted through the main pipes laid by virtue of the provisions of section two of this act, upon such terms as may be agreed upon by the City Council of the city of Cambridge, and said Boston Water Board.

SECT. 7. This act shall take effect upon its acceptance by the City Council of the city of Boston; but the powers conferred by section one of this act may be exercised without any obligation on the part of said city to exercise the powers conferred by section two.

[Approved March 19, 1880.]

1880, CHAPTER 171.

An Act to Amend Chapter One Hundred and Sixty-five of the Acts of the Year Eighteen Hundred and Seventy-five, relating to a Further Supply of Water for the City of Cambridge.

Be it enacted, etc., as follows:

SECTION 1. So much of chapter one hundred and sixty-five of the acts of the year eighteen hundred and seventy-five as authorizes the city of Cambridge to take such land around the margin of Spy Pond, not exceeding five rods in width, as may be necessary for the preservation and purity of the water of said pond, is hereby repealed: provided, however, that this act shåll not affect any right already accrued under any former taking of land upon the margin of said pond under said act; and provided, further, that this act shall not in any way affect any other provisions of the said act.

SECT. 2. This act shall take effect upon its passage. [Approved April 7, 1870.]