USA > New Hampshire > Hillsborough County > Wilton > Annual reports of the selectmen and other town officers board of education and report of water commissioner 1905 > Part 4
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at pleasure, having due regard for the safety of its citizens and security of the public travel.
Sect. 2. Said town is authorized and empowed to enter upon, take and appropriate any stream, springs, or ponds in the town of Wilton or elsewhere not belonging to any acqueduct company and to secure, by fence or otherwise, such streams, springs or ponds, and dig ditches, canals, make excavations or reservoirs, through, over, in, or upon any land or enclosure through which it may be necessary for said acqueduct to pass, or said excavation, reservoirs, and water-works to be or exist, for the purpose of obtain- ing, holding, preserving, or conducting such water, and placing such pipes, or other material, or works, as may be necessary for building and operating such acqueduct and : waterworks, or for repairing the same: provided, if it shall be necessary to enter . upon and appropriate any stream, spring, or pond, or any land for the purpose afore- said, or to raise or lower the level of the same, and if said town shall not agree with the owners thereof for the . damage that may be done by said town, or such owners shall be unknown, said town or said owner or party in- jured, may apply to the superior court for said county, by petition, to have the same taken, appropriated and con- demned for the purposes required, and the damages de- termined ; and the said court shall refer the same to the county commissioners for said county, who shall appoint a place and time of hearing, and give notice thereof in the same manner as is now provided by law for laying out highways, and said commissioners shall make reports to
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said court, and said court may issue executions according- ly ; but if either party shall desire, upon application to said court before reference to said commisioners they shall be entitled to a trial by jury in such manner and under such regulations as the court may prescribe.
Sect. 3. Said town is authorized and empowered to contract with individuals and corporations, whether citi- zens of said town or not, for supplying them with water. and to make such contracts and establish such regula- tions and tolls for water and its use as may from time to time be deemed proper; and may contract with any per- son or corporation to furnish to said town water for the use of the town and for the purposes of this act.
Sect. 4. Said town is empowered to extend its water system within the limits of the town of Milford in said county, and may excavate and dig ditches in any street, square, passway, highway, or common, within the limits of said town of Milford, wherein said town of Wilton may be authorized to extend its water system as hereinafter provided, and may relay, change, and repair the same at pleasure, having due regard to the rights of the inhabi- tants of said town of Milford, or the owners of the proper- ty affected, and the safety of the public travel ; provided, however, that said town of Wilton shall extend its water system only upon such streets and to such points within said town of Milford as it shall be authorized thereto in writing by the selectmen of said town of Milford; said towns of Milford and Wilton are authorized to contract
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with each other for the purpose of providing a supply of water for protection against fires within the limits of said town of Milford and for other public uses; and said town of Wilton is authorized to contract with individuals and corporations residing and doing business within the limits of said town of Milford for supplying them with water for domestic and other purposes.
Sect. 5. The immediate management, control, and direction of the water-works of said town shall be vested in a board of water commissioners to consist of three citi- zens of the town, the first board to be chosen by the legal voters of the town at the next annual meeting, or at some usbsequent special meeting duly called for the purpose ; and of the three so chosen at the first election, one shall be chosen and hold his office until the annual meeting of the town for the year 1906, one until the annual meeting of the year 1907, and the other until the annual meeting for the year 1908 and at each annual meeting of the town, beginning with the year 1906, one commissioner shall be chosen to fill the place of the one whose term then ex- pires ; and they shall each hold their respective offices for the term of three years, and until others are chosen and qualified in their stead respectively. Their compensation shall be fixed by the town. They shall be sworn to the faithful discharge of their duties. They may choose one of their number as chairmen of the board, and may ap- point a clerk. They may also appoint a superintendent of the works, and such other agents and servants as they may
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deem necessary, and may fix their compensation. They may make such rules and regulations for their own gov- ernment, and in relation to all officers and agents appointed by them, as they may deem proper. Whenever a vacancy occurs in said board, from any cause, the two remaining members of the board may fill such vacancy temporarily by an appointment in writing, which shall be filed with the town clerk and recorded by him. And the person so appointed shall hold said office until the next annual town meeting after his appointment, when the town shall elect a commissioner to fill the unexpired term, if any, of the person whose office became vacant and was so temporari- ly filled by such appointment.
Sect. 6. Said commissioners shall have the control and management of the construction of said works, and make all such contracts and agreements for and on behalf of the town in relation thereto as the town is hereby authorized to make and as they may deem proper and advisable, and shall have full charge and control over the said works when constucted. They shall establish rates and tolls and prescribe rules and regulations for the use of water, and may sell and dispose of such articles of personal property connected with said works as they shall deem expedient, and may purchase such property as may be in their judg- ment necessary for said works and the persons contem- plated by this act ; and they shall annually make a report to the town of the condition of the water-works and the funds belonging to their department, and the expenses and
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income thereof, which shall be published in the town re- port of each year.
Seet. 7. All moneys received in any way on account of said water-works shall be paid into the town treasury, and shall be kept and applied exclusively for the uses of sai'd water-works, including the payment of the bonds issued under this act and the interest thereon ; and all bills and claims for expenditures connected with said works shall be approved by the board of water commis- sioners before they are paid by the treasurer; and the town treasurer shall keep his accounts relating to the water-works including all bonds and notes of the town given for loans and moneys raised for said works, separate- ly and distinctly from all other receipts and payments.
Sect. 8. Said town is also authorized, at any annual or special meeting, by a major vote of those present and voting, to raise and appropriate, and to borrow or hire, such sums of money on the credit of the town as may from time to time be deemed necessary for the purpose of de- fraying the expense of purchasing real estate, rights in real estate, water-rights, streams, springs, ponds, and other lights and property as aforesaid, and for constructing, maintaining and operating said water-works, and for pay- ment of water-works purchased, or for water supplied by any person or corporation under contract aforesaid, and to issue notes or bonds of the town therefor in such amounts and payable at such times and at such rates of interest as may be thought proper.
Sect. 9. All votes of the town of Wilton passed at its
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last town meeting relating to the establishment, mainten- ance, and governance of a town system of water-works, and the incidents thereto, are hereby ratifiel and con- firmed. Rufus N. Elwell,
Speaker of the House of Representatives.
Geo. H. Adams,
President of the Senate.
Approved February 14, 1905.
John McLane,
Governor.
STATE OF NEW HAMPSHIRE.
Office of Secretary of State.
I hereby certify that the foregoing is a true copy of an act entitled "An Act to Establish Water-Works in the Town of Wilton", as engrossed in this office and in my custody as Secretary of State.
IN WITNESS WHEREOF; I hereunto subscribe my : official signature and affix the seal of the state, at Concord. this 15th day of February, A. D., 1905.
Edward N. Pearson,
. Secretary of State. [L S]
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THE STATE OF NEW HAMPSHIRE
Whereas, A legal petition having been presented to the State Board of Health, asking for the establishment of regulations to protect the purity of the water of Mill Brook, Wilton, under the provisions of Chapter 57, Laws of 1899, entitled "An act for the better protection of public water supplies," the following regulations are pro- mulgated :
REGULATIONS OF STATE BOARD OF HEALTH
FOR THE
Protection of the Purity of the Water of Mill Brook
IN THE TOWN OF WILTON
1. No privy, and no pig-pen, stable, or other building or structure in which horses, cattle, swine or fowls are kept, shall be built or maintained within one hundred feet of the usual channel of Mill Brook above Gaerwin Falls, or of any of its tributaries, except in such cases as the local board of health may permit upon approval of the state board of health.
2. No sewage of any kind, sink-water, or water that has been used in washing or cleansing either materials, person
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or food, shall be allowed to run into said stream, its tribu- taries, or into Burton Pond, or into any excavation or cesspool in the ground, or onto the surface of the ground, within one hundred feet of the usual channel of said stream, tributaries and pond, except by consent of and under such conditions and regulations as may be made by, the local board of health, with the approval of the state board of health.
3. No privy, pig-pen, cesspool or place of deposit upon the surface of the ground for sewage, sink-water, or water used for cleansing person or material shall be allowed to exist where it may be reached by high water in the event that the said stream or its tributaries overflow their usual channels, or where rain or melting snow would be likely to wash said material into said stream or its tributaries.
4. No dead animal, or parts thereof, or any article perishable or decayable, and no manure, waste or garbage shall be deposited so near said stream or its tributaries as to endanger the purity of the water.
5. No sawdust, shavings, apple pomace, or other waste from mills or manufactories shall be deposited in said stream or its tributaries, or upon their banks so near the same as to be reached by high water, or to be washed into said streams in any way.
6. None of these things, materials or conditions men- tioned in the foregoing regulations, or anything else that
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might endanger the purity of the said water supply, shall be permitted to exist, whatever may be their distance from the said stream or its tributaries, in such locality or man- ner as, in the opinion of the board of health, would be liable to contaminate the water of the said stream or its tributaries.
7. No person shall bathe or swim in said Mill Brook above Gaerwin Falls.
8. It shall be the duty of the board of health to enforce these regulations.
9. The Public Statutes provide for a fine for violations of regulations established by the state board of health for the protection of public water supplies.
I hereby certify that the foregoing rules and regulations were adopted at a special meeting of the State Board of Health held at the State House, Concord, this fourteenth day of December, 1904.
Irving A. Watson,
Secretary.
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HECKMAN BINDERY INC.
AUG 95 Bound -To-Pleas® N. MANCHESTER, INDIANA 46962
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