Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-10-26
AMENDMENTS TO THE VILLAGE CHARTER
Full Text Of the Bill introduced into the Legislature by Repssen
tate Gibson with View Procuring Water System Issue
100000 Bonds

as such until their duties are performed
and completed or their successors are
elected Such water board shall receive
as compensation for its services such
sum as the village may vote at a meet
ing duly called and holden.
Sec. 4. said corporation by its bailins.
water board or other officer or officers
duly authorized for that purpose may
agree with the owner or owners of any
property. franchise, easement OF right
which may be required for the purpose
Of this act, as TO the amount Of compen-
sation to be paid for the same. and in case
of failure to agree as to such compen-
sation OF 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 any case any such
owner shall be an infant or insane or alb
sent from this state or unknown, or the
owner OF a contingent or uncertain inter-
est. 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 Of such notice. may fix the
amount Of a bond that shall be fled by
said corporation. or in case any, such
judge. and upon such filing and approval
OF such bond said corporation may enter
upon, take. and possess. such property,
franchise. easement or right and proceed
with the construction Of its work; pro-
vided that the right of said corporation
to take possession OF property. franchise
easement or rights. by the giving OF a
bond, as herein provided. shall not apply
to the taking OF any other established
water system now IN use; and said Judge
may appoint three disinterested persons
to examine such property to be taken for.
or damaged by the doings of said cor
poraTion, who, being duly sworn, shall
upon due notice to all parties concerned.
view the premises, and hear the parties
in respect to such property. and as to
just damages. And shall assess and
award to such owners and persons so in
terested just damages for the taking Of
such property. franchise. easement or
right, OF for any injury sustained by
aforesaid and make report in writing to
such judge, who may thereupon 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 fun COM
pensation for the property taken. or the
injury done by said corporation, and on
compliance with such order said corpora
ton may proceed with the construction
of its work without liability for further
claim for damages; or said judge may re-
ject or recommit said report II the ends
of justice so require. Such judge may
award costs in such proceeding in his dis
erection. Any person whose rights to the
fiowage Of water are thus taken may ap
ply as aforesaid, within one year from the
time such water is actually taken or d.
verted. and not thereafter; and no suit for
injury done under this act shall be
brought after one year from the alleged
date Of the receipJ Of the injury. The
selectmen Of the town OF Brattleboro may
discontinue any highway. or part thereof
in said town and may lay out any high
way therein, in lieu thereof. deemed nee
essary on account OF the building and To-
I r.
said water system.
Sec. s. Said corporation shall within
sixty days after the taking OF any prop
erty. franchise. easement or right under
the provisions Of this act file in the town
| clerks Office in the town where the same
is situated, a description Of any land or
wafer rights so taken, sufficiently ac-
curate for Identification
Sec. 6. Said corporation Is hereby au-
| thoFized and empowered to contract with
! the town OF Brattleboro. any school. fire
| district or village corporation now. or
| hereafter situated within said town. cor
| porations and individuals, to supply water
| for the protection OF any property, and
! Tor domestic and any oIher purposes.
| Sec. T. The owner and occupant of
any tenement, house or building, who shall
| take the water OF said corporation shall
be liable for the rent or price Of the same.
| and the officers and agents OF said cor
poration intrusted with the care and su-
perintendency of the water may at all
| reasonable times enter all premises 50
supplied to examine the pipes and fixtures
and prevent any unnecessary waste, and
il any person or persons without the con-
sent OF said corporation shall use
any of said water. an action OF
tort under this statute may be
maintained against such person, by said
corporation for the recovery Of damages
| therefor.
Sec s. II any person or persons shall
willfully wantmly or maliciously divert
the water OF part thereof. OF any OF the
| ponds. springs, streams, aqueducts, water
| courses, or reservoirs which shall be
taken used or constructed by said cor
poration or shall corrupt the same OF
make il impure, or commit any nuisanct
therein, or shall battle therein, OF within
the limits that may be taken or pre-
scribed by said corporation pursuant u
the provisions OF this act. OF maliciously
injure or destroy any dam, embankment
adueduct pipe, reservoir, conduit hydrant
structure, pump, machinery or othei
property held, owned or used by saiS
corpora ton under the provisions Of thii
act. shall be liable to said corporation II
treble damages therefor. to be recovered
in action on the case founded on thi
statute, and any such person on coElyic
ton of any Of the malicious acts afore
said. shall be punished by fine not ex
ceeding one hundred dollars, or impris
med in the house OF correction not ex
ceedipg six months
Sec. g. Said corporation shall hay
power 70 organize and establish a waite