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The clerk of the board of health commissioners of the city of Hartford, shall, with the approval of said board of health commissioners, appoint in writing an assistant, who, on being sworn, shall have the powers and perform the duties of such clerk relating to vital statistics in said city conferred upon said clerk by the Consolidation Act of 1895.

1895. 12 S. L. 627.

1897. 12 S. L. 866.

§ 42. Board of relief, how appointed. There shall be a board of relief of said city, with the same powers and duties which the board of relief of the town of. Hartford would have had if the consolidation act of 1895 had not passed. Said board shall consist of four members, not more than two of whom shall belong to the same political party. In the month of May, 1899, and biennially thereafter, the common council shall elect four members of said board to serve for two years from the first day of June next following their election. Each member of said board shall receive a salary to be fixed by ordinance or vote of the common council. The clerk of the board of assessors shall be the clerk of said board of relief.

1897. 12 S. L. 982.

§ 43. Committee on abatement of taxes, how appointed. The court of common council of the city of Hartford shall annually, in the month of May in each year, elect a committee on the abatement of taxes, consisting of three electors of said city, not more than two of whom shall belong to the same political party, who shall hold office for one year from the first day of June next after their appointment and until their successors are chosen. Each member of said board shall receive a salary to be fixed by ordinance or vote of the common council. No member of the court of common council shall be eligible to appointment on said committee.

Idem.

§ 44. Committee on abatement of taxes. General powers and duties. Said committee shall have all the powers and duties in respect to the abatement of taxes in the city of Hartford hitherto by law vested in the mayor and aldermen of said city and in the selectmen of the town of Hartford, and shall annually in the month of March report to the court of common council a list of all the persons whose taxes they have abated in the preceding year.

Idem,

§ 45. Ratification of acts of committee. All the acts of the committee on the abatement of taxes appointed prior to April 29, 1897, by the court of common council of said city are hereby ratified and confirmed.

1895. 12 S. L. 627.

§ 46. Other town officers to be chosen by common council. Constables, election of. All other officers of the town of Hartford, which would but for the consolidation act of 1895 be elected by said town, shall hereafter be chosen by the common council of said city, in so far as said officers are necessary under the laws, and they shall have the same powers and be charged with the same duties that would otherwise devolve by law upon such officers in said town. At the annual town meeting for the choice of town officers to be held in Hartford on the first Monday in April, 1899, and quadrennially thereafter, there shall be chosen seven constables, of whom no persons shall vote for more than four, who shall hold their several offices for the term of four years, beginning on the first Monday of June next following their respective elections.

1899. Chap. 43. P. L. 1899.

1902. Rey. St. Sect. 1802.

1897. 12 S. L. 982.

5 S. L. 323.

§ 47. Vacancies in town or city office. The court of common council of the city of Hartford is hereby authorized to provide by ordinance or otherwise for the filling of vacancies in any office that may become vacant by a failure to qualify, or resignation or death of the incumbent of any town or city office, or may exist in consequence of a tie vote at any city election, for the unexpired term of such office.

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CHAPTER 4.

BOARD OF WATER COMMISSIONERS.

1859. 5 S. L. 329.

1868.

§ 48. Board of water commissioners. Number, terms, etc. There shall be a board of water commissioners of the city of

Hartford, consisting of six persons who shall hold office until their 6 S. L. 770. respective successors shall be appointed and qualified.

The Mayor shall annually appoint by and with the advice and consent of the board of aldermen, two persons to be members of said board of water commissioners who shall hold their offices for the term of three years.

1872. 7 S. L .255.

1859. 8 S. L. 329.

§ 49. General duties and powers of board of water commissioners. Said board shall continue to be empowered to take and convey for and in behalf of said city, from the Connecticut river, at some point near or within the city of Hartford, such supply of water as the convenience and necessity of the inhabitants of said city may require; and to take and hold for and in behalf of said city, lands or other estate, necessary for the construction of any canals, aqueducts, reservoirs, or other works for conveying or containing water, or for the erection and construction of any buildings or machinery, or for laying any pipes or conductors for conveying water into or through said city, or to secure and maintain any portion of the waterworks; and in general, to do any other act necessary or convenient for accomplishing the purposes of supplying said city with water; and to distribute said water through said city; to establish public hydrants; to prosecute or defend any action or process at law or in equity, by the name of the board of water commissioners of the city of Hartford, against any person or persons or corporation, for the breach of any contract, express or implied, relating to the performance of any work or labor upon said waterworks, or the management of the same, or the distribution of the water, or for money due for the use of the water, or for any injury, or trespass or nuisance affecting the water, machinery, pipes, buildings, apparatus or other things under their superintendence, or for any improper use of the water, or any wasting thereof, or upon any contract or promise made with and to them as water commissioners, or with their predecessors or successors in office, and said board shall be regarded as a corporation for the purpose of suing and being sued. Said board are hereby authorized to enter in and upon any land or water for the purpose of making surveys, and to agree with the owner or owners of any property or franchise, which may be required for the purposes of this section, as to the amount of compensation to be paid to such owner or owners for the same. And in case of disagreement between said board and any owner or owners, as to such compensation, or as to the amount of damages which ought to be awarded to any person claiming to be injured in his estate by the doings of said commissioners, or in case any such owner shall be an infant, or married woman, or insane, or absent from this state, or unknown, or the owner of a contingent or uncertain interest, either judge of the supreme court of errors, may, on the application of either party, cause such notice to be given of said application as said judge shall see fit to prescribe, and after proof thereof may nominate and appoint three disinterested persons to examine such property as is to be taken for, or damaged by, the doings of said commissioners, and they being duly sworn to a faithful and impartial discharge of their duty, shall estimate the amount of compensation which said owners shall receive and report the same in writing to the clerk of the superior court for Hartford county, to be by him recorded. Said judge of the supreme court of errors may thereupon confirm the doings of said appraisers, and direct whether said commissioners shall pay the same in such manner as said judge may prescribe, in full compensation for the property acquired or the injury done by said commissioners; and on compliance with the order of said judge, said commissioners may proceed with the construction of their works without any liability to any further claim for compensation for damages.

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1859. 5 S. L. 330.

§ 50. Commissioners empowered to use certain grounds, etc. Said commissioners shall also be empowered to make use of the ground or soil under any road, railroad, highway, street, private-way, lane or alley within this state, for the purpose of constructing the waterworks; but shall in all such cases cause the surface of such road, railroad, highway, street, private-way, lane or alley, to be restored to its usual condition, and all damages done thereto to be repaired, and all damages sustained by any person or

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corporation, in consequence of the interruption of travel to be paid to such person or corporation. It shall be the duty of the court of common council of said city to make ordinances, prescribing the duties of the board of water commissioners not expressly prescribed herein; their powers over the water fund of the city of Hartford, and duties relative thereto; the officers of said board and their compensation, and bonds and oaths, and the powers of said board over the waterworks of said city; and the mode in which water rents or taxes shall be secured by lien on lots, houses, tenements, or otherwise, or shall be collected; also, relative to the proper number of said commissioners to constitute a quorum.

1863. 5 S. L. 539.

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§ 51. Trout brook and other water source in West Hartford.

whereas, doubts have arisen whether, under and by virtue of the charter of 1859, the board of water commissioners thereby constituted have the power to take and convey, for and in behalf of said city, a supply of water from Trout brook (socalled) in the town of West Hartford, or from any other source than the Connecticut River: therefore, RESOLVED BY THIS ASSEMBLY,

The said act which this is an addition to, and in explanation of, shall be construed in the same manner as if the said Trout brook, or any other source of water supply within the towns of West Hartford, or Hartford, had been expressly named therein.

1865. 5 S. L. 769.

$ 52. Idem. Whereas, doubts have arisen whether the charter of said city confers upon the board of water commissioners therein constituted the power to take and convey, for and in behalf of said city, a supply of water from any other source than the Connecticut river: therefore,

RESOLVED BY THIS ASSEMBLY, That said charter shall be construed in the same manner and said board of water commissioners shall have the same powers as if the stream in West Hartford, called Trout brook, or any other stream or water source within the towns of West Hartford or Hartford, had been expressly named therein; and any land or water right, title, privilege or franchise which may be required, taken, or impaired for the purpose of supplying said city or said towns with water, under said charter, shall be compensated for and the damages ascertained, liquidated

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