The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1915-03-15


"a. To compel the owner or
keeper of any unwholesome or
offensive house or place to
remove or cleanse the same
from time to time and as may
fort OF the inhabitants of the village.
20. To compel the cleansing and
Preparing of any premises when In
such condition as TO seriously Impair
the general appearance of the village
and to be seriously injurious to any
property therein and to control the re-
moval and disposition of rubbish,
waste and Objectionable material
| therefrom.
26. To establish, for the purpose
of regulation or revenue, system of
| licenses, and to fix the fees therefor.
| 27. To establish and regulate a
public market
Sec. 10. The village may make. al
Ger, amend or repeal any ordinance
| bylaw, or regulation which 1t deems
necessary and proper for carrying in
to execution the foregoing powers or
| for the welfare of such village, and
which is not repugnant to the consti-
| tuition of this state or the United
States. and provide penalties for the
breach thereof and public notice Of
such bylaws. regulations and .ordin-
ances shall be given by publication of
the same for three weeks in news
paper published in such village
Sec IL. Euch bylaws. rules, regu'
lations and ordinances of the village
shall be recorded in the Office OF the
clerk of the village. and the clerks
certificate that such bylaws, rules,
regulations or ordinances have been
passed or adopted shall be received
as prima facie evidence OF such fact
in any court in this state.
Sec. 12 The village may impose q
fine not exceeding one hundred dol
lars for the breach of any bylaw.
rule, regulation or ordinance. The
court shall impose the costs of prose-
cution in addition to the fine, in case
OF conviction, and when IL is neces-
sary TO abate a nuisance the expense
OF abatement may be imposed upon
the delinquent in addition TO such
| fine and costs; and If any person ylo-
lates any ordinance or bylaw OF such
village, he may. on conviction there
of, be imprisoned In the common jail
in the county OF Bennington not ex-
ceeding sixty days. in addition to or
In lieu Of the line and costs, in the
discretion of the court. II any per-
son. while residing without this state
and while owning real or personal
property within the village. shall
with and by means of said real or
personal estate, or by his agents and
servants, violate any of the ordi-
nances which the village is authoriz-
ed to make, such village may sue for
and recover the penalty for violation
OF the ordinance in an action founded
on this statute and shall proceed in
the same manner as by law is now
provided in civil actions against per-
sons residing without the state.
Prosecution for offenses under this
act shall be brought within six
months after the commission OF the
offense, and not after unless the re
spondent remains without the state
and beyond the reach of process.
Sec. 13 The trustees shall have
power subject to the ordinances and
bylaws of the village, to assess the
owners of real estate abutting upon
any public street for the construction
and repair of sidewalks. curbs and
cutters and of sprinkling or laying
dust on such streets so much OF the
expense thereof, not exceeding one
half, as the trustees shall deem the
respective properties to be benefited
thereby Such assessment shall be
made by the trustees after notice or
the time and place of such assess
ment is given in writing TO such own.
er, agent, tenant or lessee, and GER
tilioate of such assessment shall be
left with the clerk of the village and
clerk OF the Town of Bennington TO
be recorded by them; and when said
Nti tiHNulc 10 81 ltSOiucut Soiu "ooSsH7
ment, unless vacated, shall be lien
upon all such real estate,
When a person is dissatls-
fed with an assessment so made
by the trustees as aforesaid, or de-
ME the right to assess, he may peti
ton the Bennington county court for
re.assessment of such contribution
or determination of such right to
assess. The petition shall be served
on the clerk of the village within six
ty days next after the assessment IS
filed and recorded in the clerks
Office
Sec. IA. Unless manifestly repugn-
ant to the provisions of this act the
provisions OF the general law relating
to the powers and duties of the trus-
tess or bailiffs of Incorporated VII
lagos shall apply to the trustees pro
vided for by this act.
Sec. 10, There shall be appointed
annually by the said trustees, cor
poration attorney, who shall hold
office until his successor is appointed
whose duty it shall be to prosecute
for all violations of the act of incor-
poration, bylaws, rules or ordinances
of such village, to commence and
attend to all suits brought by, and
have charge of answer TO and defend