Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1892-12-23
WATER-W0RKS CHARTER
Granted to the yillngo of Bratilcboro
by the Legislature of 1899.


reservoirs, pumps, engines and apparatus,
Jake, purchase and acquire in the manner
hereinafter mentioned, any ponds, springs.
streams water sources, real estate, water
rights, flowage rights and easements
necessary for its purposes within the
UNITS OF the towns Of Brattleboro, MARI
Doro' and Dnmmerston, in the county of
Nlhdham, together with such lands sur
rounding and adjacent to the same as NAV
be reasonably necessary for protecting and
preserving the purity of the water in such
ponds, springs and streams, and may in
close such ponds, springs and streams. by
suitable fences for the purpose of such pro-
lection; and to enter i'm and upon any land
or water for the purpose of making surveys.
may take and construct dams and reser-
Vors, lay pipes and aqueducts, and con-
meet the same with the main aqueduCt as
may be necessary to convey the water
taken as aforesaid to the reservoirs of said
village, and distribute the same through
said village for the purpose Of supplying
the inhabitants of said village with water
Tor fire, domestic and other purposes; but
said corporation shall not take otherwise
than by purchase, water or spring of
water, which the owner or lessee or other
person having a vested right or interest in
ably require for domestic use, or the water
ing of animals on the premises where such
water may be in use.
Sec ,. Said corporation for the pur-
poses aforesaid may enter upon and use
any land and enclosure over or through
which it may be necessary for an aqueduct
or pipes to pass and may thereon dig place,
lay and construct such pipes, aqueducts,
reservoirs, appurtenances and connections
as may be necessary for the complete con-
struction and repairing of the same from
time to time may open the grounds in any
streets, lanes, avenues, highways and pub
lie grounds for the purpose of laying down,
and repairing such pipes, aqueducts reser-
/ vOirs and appurtenanCes, as may be neCes-
/ sary for conducting the water and the pur-
/ poses aforesaid; provided that such streets,
/ lanes, avenues, highways, and public
| grounds shall not be injured, but shall be
! left in as good condition as before the lay
ing of said pipes, aqueducts, reservoirs aud
appurtenances.
Sec. 3. Said corporation, by its bailiffs,
or other officer duly authorized for that
( purpose, may agree with the owner or own
ers of any property, franchise, easement or
right which may be required for the pur
poses of this act, as to the amount of com
/
case of failure to agree as to such compen-
saton, or as to the amount of damages
which ought to be awarded to any person
claiming to be injured by the doings of said
corporation, or in case any such owner
shall be an infant or insane or absent from
this state, or unknown, or the owner of a
contingent or uncertain interest, "a judge of
the supreme court, may on application of
| either party cause such notice to be given
of such application as such judge may see
fit to prescribe, and after proof thereof,
may appoint three disinterested persons to
examine srch property to be taken for, or
damaged by, the doing of said corporation,
who, being duly sworn, shall upon due no.
tice to all parties concerned, view the prem
ises, and hear the parties in respect to such
property, and as to just damages.
And shall assess and award to such own
ers and persons so interested just damages
for the taking of such property, franchise,
easement or right, or for any injury sus-
tanned as aforesaid and make report in
writing to such judge, who may there
upon accept such report, unless just cause
is shown to the contrary, and order said
corporation to pay the same in such time
and manner as such judge may prescribe,
in full compensation for the property taken,
on compliance with such order said cOrpo-
poration NAV proceed with the construction
of its work without liability for further
claim for damages; or said judge may re-
iect or recommit said report If the ends of
justice so require.
Such Judge may award costs in such pro-
ceeding in his discretion. Any person
whose rights to the tlowage of water are
thus taken may apply as aforesaid, within
one wear from the time such water is act
ually taken or diverted, and not thereafter
and no suit for injury done under this act
shall be brought after one year from the
alleged date of the receipt of the injury.
Sec. 4. Said corporation shall within
sixty DAYS after the taking of any property
franchise, easement or right under the pro
visions of this act file in the town clerk.
Office in the town where the same is stu
ated, description of any land, water Of
water rights so taken, sufficiently accurate
. for Identification.
Sec. 5. Said corporation is hereby an
, thorzed and empowered to contract will
, the town of Brattleboro, any school or fir
district now or hereafter situated within
4 said town, corporations and individuals u
supply water for the protection OF an,
property, and for domestic and any othe
! purposes.
4 Sec. 6. The owner and occupant of an,
tenement, house or building, who shal
take the water of said corporation shall b
5 liable for the rent or price of the same, an
the officers and agents of said corporation
! intrusted with the care and superintendent
: of the water. may at all reasonable time
{ enter all premises so supplied to eXamln
the pipes and fixtures and prevent any un
: necessary waste, and if any person or pei
Il sons without the consent of said corpora
$ ton shall use any of said water, an actio
e of tort under this statute may be maintaine
II against such person, by said corporatio
for the recovery of damages therefor.
Sec. 7. If any person or persons sha
wilfuly, wantOnly or maliciously diver
II the water or part thereof, OF any OF tn
g ponds, springs, streams, aqueducts, waite
e courses or reservoirs which shall be takel
n used or constructed by said corporation, {
shall corrupt the same or make it impure
or commit any nuisance therein, or sha
- bathe therein, or within the limits tn;
y NAV be taken or prescribed by said corp'
a. ration pursuant to the provisions of til
4, act. or maliciously injure or destroy an
W dam, embankment, aqueduct, pipe, rese
d yoir. conduit, hydrant, structure, puml
y, machinery or other property held, ownt
y or used by said corporation, under the pr
n visions of said act shall be liable to said co
ne poration in treble damages therefor, to
40 recovered in action on the case founded {
re this statute; and any such person on co
Y yiction of either of the malicious acts afoT
said, shall be punished by fine not eXcee
tls ing one hundred dollars, or imprisoned
the house of correction not exceeding S