The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-12-28

I to, and may thereon and therei
place lay and construct such pipes
acqueducts, reservoirs, appurter
ances and connections as may b.
necessary for the complete construC
ton, maintenance and repairing o
the public system of water works
from time to me.
B.fore said Village enters upoI
said land or takes the waters of an!
spI1lI, stream or ponds or ianG
alcng the same, It shall agree with
the owner or lessee of said land, anC
with the owner, lessee or other per
son having a vested right in saiG
spring or pond, and with the owner
or lessee of any land, upon which II
may enter to take therefrom the
water OF any stream flowing through
the same, upon the amount of dam
ages to be paid said person or per-
sons for such entry or taking, and
shall pay or tender payment thereof
but in case the parties cannot agree
upon the amount of said damages, or
if such owner or lessee or such other
person, being minors, insane or out
of the state, or otherwise incapaciat-
ed to sell and convey before such en-
try or taking, said Village shall APP
ply to the assistant judges of the
county court for the County of Ben
nington, who shall forthwith APP
point upon notice, such as said
| judges may direct, to adverse parties,
residents of this State, or their guar
dams, if minors or insane, three dis
interested persons to view the prem
ises and assess the damages such
owner or lessees or such other Pc
sons will sustain by the construction,
maintenance and repair of such ac-
queduct, reservoirs and pipes
and their connections and ap-
purtenances, and by the entry upon
and taking said lands or waters and
said commissioners, upon reasonable
notice, which shall not be less than
six days, to the adverse party, if
residents of this state, or to their
guardians, if minors or insane, if not
residents of this state, to their
agents or attorneys within the state,
If known shall, after being duly
sworn to faithfully perform their dut-
les under their said appointment, ex-
anime the premises, appraise the
said damages a report make of the
same and their doings to the County
Court within and for the County of
Bennington, at the next stated term
thereof, and the judgment of the
County Court shall be final and con-
elusive.
Sec. T. Section of No. 155 of
the Acts of 1896 is hereby amended
so as to read as follows:
The board of water commissioners
shall choose one of their number as
Chairman, and the Village Clerk
shall be clerk of said board, who
shall hold Office until the next annual
meeting and until their successors
are chosen and appointed.
The Clerk shall keep a record of
| all the proceedings of the water com
missioners. the accounts of the sys-
TEN Of water works, render to the
users their bills for water and other
bills and the time OF payment, fur
nish the water commissioners with
all information regarding said sys
tenn of water works and names of de
linquent users of water. Said ac
counts shall be deemed public ac
counts and be open to the inspec
ton Of the public at all reasonable
times.
Sec. 3. Section IL of No. 155 o.
the Acts Of 1896 is hereby amended
so as to read as follows:
The Board of Water Commission
ers shall have the general supervis
ion of said system of water works o
the Village. and subject to the direc
ton of the Village shall keep tn,
same in repair; and may appoint ;
superintendent and remove him fo
cause. and such other officers anC
employees as they may deem neces
sary for the performance of their du
ties; and shall establish the rates Il
be charged for the use of the water
which rates shall be in accordance
with and as provided for in said deet
of the system of water works by III,
Bennington Water Company, grantor
to the Village, grantee, and shall fl
the time when the rates shall be du,
and payable. The gross income from
said system of water works befor,
any deduction for expenses shall b,
paid from time TO time as collected
into the said Village treasury, an,
the same shall by the Treasurer b,
kept separate and apart from all 9th
er moneys of the Village. and a sep
arate account of the same shown,
all receipts of and payments mad
therefrom, shall be kept by him, an,
shall be subject at all reasonable
times to the inspection of the Henri,
w pufpou, Nap,nrio1
The net income from such system
of water works shall be paid owe
each year by the Village Treasure
to the Henry w. Putnam Memoria
Hospital as and for the purposes Sc
forth in Section of said Act en-
titled. IAN Act to enable the Ben
nington Water Company to donate [,
the Village of Bennington its system
Of water works and the Village to re
ceive the same" and as fully Sc
forth in said deed from said Ben
nington Water Company to said Vii
age. And the way and manner o
determining what shall be and b,
held and considered as said net in
come shall be the same way and man
ner as is set forth in said deed; an,
each and all the terms, provisions
conditions and limitations contained
in said Act and said deed shall hav,
the same force and effect as though
fully set forth in this Act.
And said water commissioner
shall keep correct record of al
money expended and for what pu.
pose or purposes it was expended
all supplies purchased the prices paid
for the same and from whom purchas
ed, all extensions and connections
and in what streets and portions
thereof the same we're laid or made
| c.fa $1,000