167 Mass. 128 | Mass. | 1896
The requests for rulings made by the town of West Springfield, and the rulings of the commissioners, appear in their report.
The first request is, that the commissioners cannot award a greater sum than seventy-five thousand dollars. By St. 1875, c. 138, § 7, the town is authorized to take by purchase or otherwise “ the franchise of said corporation, and all its corporate property, at such prices as may be agreed upon between the parties ”; and in case they cannot agree upon the price to be paid therefor, this court or one of its justices is authorized to appoint three commissioners to “ determine and award what sum said town shall pay for said franchise and its corporate property, which award shall be final.”
The ground on which the town contends that the’ award cannot exceed seventy-five thousand dollars is, that by the fifth
By St. 1884, c. 36, the company was authorized to “ issue bonds, and secure the same by a mortgage on its franchise and other property, to an amount not exceeding its capital stock actually paid in,” etc. The contention of the company is, that,
The second request is based on the eleventh section of the statute of 1875. This section is as follows: “This act shall take effect upon its passage, and shall become void unless the work is completed within one year.” This means, we think, that the works shall be completed within a year from the passage of the act, so that the company may be able to supply the town of West Springfield and its inhabitants with water; but it was not intended that after the expiration of the year the works might not be extended to meet the growing necessities of the town or its inhabitants. It does not appear in the
The third request, we think, was properly modified by the commissioners. It depends upon the question whether the charter of the company was intended to give to it the right to take and hold land, water, and water rights from time to time, as it might need them in order to supply the town and its inhabitants with water, and whether such right will pass to the town if the award is confirmed. As we have said, we think that this is the proper construction of the charter, and that the right passes to the town. We cannot say, as matter of law, that the right to take additional land, water, and water rights, if found necessary, which the town has acquired by its purchase, is not of some value, and that the commissioners could not properly consider it.
We perceive little or no difference between the fourth ruling requested and that given. The fact that the town had the right by vote to purchase the franchise and corporate property at any time upon the terms expressed in the charter was a fact which might be considered in determining the value of the franchise. We cannot say, as matter of law, whether it would enhance or diminish the value.
The award should be accepted and confirmed.
Ordered accordingly.