The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-12-26


from time to time.
Before said Village enters upon
said land or takes the waters of any
spring, stream or ponds or land
along the same, it shall agree with
the owner or lessee of said land, and
with the owner, lessee or other per-
son having a vested right in said
spring or pond, and with the owner
or lessee of any land, upon which it
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 ap-
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
dians, 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 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. l. Section 8 of No. 1875 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. s. Section IL of No. 1876 of
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 of
the Village. and subject to the direc-
ton of the Village shall keep the
same in repair; and may appoint
superintendent and remove him for
cause, and such other officers and
employees as they may deem neces-
sary for the performance of their du-
ties; and shall establish the rates to
be charged for the use of the water.
which rates shall be in accordance
with and as provided for in said deed
of the system of water works by the
Bennington Water Company, grantor.
to the Village, grantee, and shall fix
the time when the rates shall be due
and payable. The gross income from
said system of water works before
any deduction for expenses shall be
paid from time to time as collected
INTO the said Village treasury, and
the same shall by the Treasurer be
kept separate and apart from all 9TH
er moneys of the Village, and a sep
arate account of the same showing
all receipts of and payments made
therefrom, shall be kept by him, and
shall be subject at all reasonable
times to the inspection of the Henry
W. Putnam Memorial hospital.
The net income from such system
of water works shall be paid over
each year by the Village Treasurer
to the Henry w. Putnam Memorial
Hospital as and for the purposes set
forth in Section 5 of said Act en-
titled, AN Act to enable the Ben
nington Water Company to donate to
the Village of Bennington it's system
Of water works and the Village TO re-
ceive the same and as fully set
forth in said deed from said Ben
nington Water Company to said Vii
lage. And the way and manner of
determining what shall be and be
held and considered as said net in
come shall be the same way and man.
ner as is set forth in said deed; and
each and all the terms, provisions.
conditions and limitations contained
in said Act and said deed shall have
the same force and effect as though
fully set forth in this Act
And said water commissioners
shall keep correct record of all
money expended and for what pu.
pose or purposes il was expended.
all supplies purchased the prices paid
for the same and from whom purchas.
ed, all extensions and connections.
'nd in what streets and portions
thereof the same were laid OF made
And said record shall be public
record.
Sec. ?. Section u Of No. 1855 of
the Acts of 1896 is hereby repealed.
Sec. 10. Section II of No Xxx If