Middlebury register. (Middlebury, Vt.) 1886-1937, 1906-11-30


treasury of the Village of Middlebury.
member Of said board of health who
on being not fled in writing of a nuisance,
does not within five DAYS examine said
nuisance shall be fined not less than five
dollars and not mOrr than twenty dollars
with costs of prosecutions
SEC II. A erson who violat "A -egu-
lation made by the board of health shall
be fined not less than ten dollars. and
not mere than twenty dollars, the pen
atty to 20 to the treasury of the village,
and person SO violating shall be subject
to the same penalty for each days con-
tinued violation, as for a separate and
distinct offense
SEC. l6. If said owner or occupant
does not comply with such order of the
said board, the board may cause such
nuisance, source of filth or cause of sick
ness to be removed, and may recover the
expense of such removal with costs, of
said owner or occupant, or other person
causing or permitting the same. in an
action of debt brought in the name of
and for the benefit of the village.
SEC. II. The corporation of said village
shall have power to organize, establish
and maintain a water department in or
der to supply said village with water for
the fire department, domestic and other
phi pp0to anu may pun lciot anu llNlu all
necessary real estate for that purpose
and may issue their corporation bonds to
secure any present or future indebted
ness incurred in establishing ami opera
ting their water works. Said corpora
ton at its next or some future annual
meeticg shall elect by ballot a board con-
sisting of three water commissioners who
shall hold office as follows: The first
commissioner elected shall hold his office
three years. the second two years, and
the third one year, and at every subse-
quent annual meeting there shall be elect
ed one water commissioner, to fill the
vacancy occasioned by the then expiring
term, who shall hold his office for three
years from his election and until his sue
essor is elected as above provided But
no trustee shall be eligible to serve as
water commissioner.
SEC. IS. The board of water COM
missoners, when the village so votes.
may make and adopt such rules and
regulations concerning the manage
ment and use of said water system, res
ervor-. lands and appurtenances, not
1 inconsistent with law, as it may deem
eNpedicnt. including the fixing and cor
| Letting of water rates.
SEC 10 Said village is hereby author
lied and empowered under any vote
J hereafter lldN lAli lildl pun lllSt. through
said water commissioners, to take. I'm
addition to the water rights and appur-
tenances thereof already owned or ac.
quired by said village, the waters of any
fountain, spring, pond or stream for the
pun pose of affording said village or any
of the inhabitants of the town of Middle
bury a supply of water for fire, domes-
tic and other purposes, and may acquire
the same by purchase or by right of
eminent domain, and in like manner
may take and hold such real estate as
may be necessary for preventing the
pollution of the water supply of said
village. Provided that said village
shall not take water, nor supply there
Of so as to deprive an owner of water
of an amount sufficient for his domestic
and AGRICULTURAL uses, without the own
ers consent.
SEC. 20. Said village is hereby author
lied and empowered through said water
commissioners to maintain its present
aqueduct and reservoir to conduct the
water thereof to and distribute the same
through said village, and for this pur-
pose may enter upon and use any land
through or over which it may be neces-
sary for said aqueduct to pass, and may
thereon lay and construct such pipes,
reservoirs and appurtenances as may be
necessary for its complete construction
and repairing of the same; and may also
for the purposes aforesaid, dig up or
occupy any common highway, street or
bridge for the purpose of laying, con-
structing or repairing such aqueduct and
the appurtenances thereof.
SEC. 81. When person is dissatisfied
with the award of the commissioners as
made in any of the cases mentioned in
the two preceding sections, or if he
disputes the necessity of the taking of
any lands or streams for the purposes
mentioned in said sections, he may pc
tition the Addison County Court for an
inquiry into such necessity or for re-
assess ment and award of damages, and
| such proceedings shall be had in said
court on said petition as are provided by
: law in the case of an appeal from the
action of seectmen in taking lands for
, highway purposes, except that the COM
missioners so appointed by said court
J sail notify one of the water commits
Soners instead of one of the selectmen.
, Said petition shall be served ON the clerk
: within thirty days next after said award
? is filed in the town clerk ; office "a atore-
> said, and at least twelve days before the
q term of court to which it is made re-
turnable but nothing in said proceed
. ings shall prevent the water commits
siOnerS from entering upon such land
and using said water after the award has
= been made AS herein set forth and the
I amount thereof rendered by them, if the
petition mentioned in this section Is for
IA re.assessment and award of damages
only.
SEC. %. Said village may sell or furnish
water To any person or corporation for
| domestic or other purposes, except power
| for manufacturing purposes, within or
| without said village and lay all pipes
, necessary To furnish water to al such
persons.
SEC. %. \ person who shall maliciously
I disturb OF iniure said aqueduct, reser-
/ voir springs, streams, ponds or fountains,
1 or divert the water thereof, or injure
2 any of the connecting appurtenances, or
1 works thereof, or pollute the water of
said aqueduct, reservoir, springs, streams
or fountains named O. referred to in this