CHARTER OF THE VILLAGE OF NORTH BENNINGTON

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. All that portion of the town of Bennington in the county of Bennington that is embraced within the following described limits, viz:

It being the same territory that on the 10th day of May, 1866, the selectmen of Bennington, pursuant to law, set out as and for the village of North Bennington, the bounds of which in their order so setting out said village of North Bennington were as follows, viz.:

Commencing on the north line of the town of Bennington at the northeast corner of lands belonging to Robinson and Parsons; thence westerly on the north line of the town of Bennington to the west side of Sidney Colvin's land; thence southerly on the west side of Sidney Colvin's land to the highway leading from North Bennington village to Richard Henry's dwelling house; thence westerly on the north side of said highway to a point due north from the northwest corner of T. W. Park's home farm; thence across the highway southerly and following the westerly boundary of T. W. Park's said farm to the southwest corner thereof; thence easterly on the south side of said Park's farm to the road leading by the Milo Hinsdill place; thence southerly on the west side of said road to a point due west from the southwest corner of Hiram Richardson's land; thence easterly across said road and following the south line of said Richardson's land to the highway; thence easterly across the highway to the southwest corner of Hall Brothers' land; thence on the south line of said Hall Brothers' land to the southeast corner thereof; thence northerly on their east line to the northwest corner of the Fasset farm; thence easterly on the north line of the Fasset farm to the highway leading from North Bennington village to the Edgerton place; thence on the west side of the highway southerly and on the south side of the highway easterly to the southeast corner of the Harvey farm recently bought by T. W. Park; thence northerly on the east side of said Harvey farm to the northeast corner thereof; thence northerly across the highway and following the boundaries of Robinson and Parsons land to the place of beginning. Which said proceedings so setting out said village, were recorded on the 10th day of May, 1866, in the Bennington Land Records in Book E on page 310 thereof.

Also a parcel of contiguous land bounded and described as follows, namely:

Beginning at a point on the highway running easterly from the village of North Bennington, now known as Mechanics street in said village, at the northeasterly corner of lands owned by the late T. W. Park, and being the same point mentioned in the above description as the northeast corner of said Harvey farm; thence on the east line of said Park's land south two degrees west thirty‑five rods twenty links to the northerly line of said Park's land; thence on said northerly line east six and one‑half degrees south seven rods and nine links; thence north eleven degrees east thirty and one‑half rods to the southerly side of said highway; thence on the southerly side of said highway west thirty degrees north thirteen and one‑half rods to the place of beginning; containing two acres of land, more or less, and being the same parcel of land that was annexed to the present village of North Bennington by vote of the corporation at the annual meeting held the 20th day of March, A.D. 1888.

Shall hereafter be known by the name of the village of North Bennington, and by that name may have perpetual succession, may sue and be sued, prosecute and defend in any court, may have a common seal and alter it at pleasure, may purchase, take, hold and convey real and personal estate for the use or benefit of said village and generally shall have, exercise and enjoy all the rights, immunities and privileges, and shall be subject to the duties, liabilities and obligations that are incident to public corporations in this state.

Sec. 2. Said village may, at an annual or special meeting warned for that purpose, as herein provided, lay a tax upon the polls of the inhabitants of said village, and the ratable estate within the same, whether of residents or non‑residents, for any of the purposes herein mentioned, and the board of trustees shall make out a rate bill accordingly and deliver the same to the collector, who shall have the same power to collect such tax as the collector of town taxes has to collect like taxes in the towns, and may in like manner levy on and sell property to satisfy the same and for want thereof may upon proper warrant commit any person to jail against whom he has such a tax and it shall hereafter be the duty of the listers of said town of Bennington in making the grand list of said town to designate therein such of the ratable estate thereof as shall be within the limits of said village and also the polls of such persons as therein reside.

The village may vote to adopt the provisions of Chapter 30 of Vermont Statutes and amendments thereto relating to the collection of taxes by the village treasurer.

Sec. 3. The annual meeting of the legal voters of said village shall be held therein on the third Tuesday of March of each year at seven‑thirty o'clock in the afternoon of said day at the village hall or at such place as the board of trustees shall, hereafter appoint, and shall be warned by posting in three public places in said village, at least twelve days previous to said meeting, a notice calling the meeting and containing a statement of business to be transacted thereat, signed by the clerk of the village, or in case of his failure or neglect, by the trustees; provided that if the annual meeting is not held, for want of notice hereinbefore mentioned, or for any other cause, the village shall not thereby be prejudiced; and whenever ten legal voters of said village shall so petition in writing, the clerk, or upon his neglect or refusal, the trustees, shall call a special meeting of said village and give notice of the same as provided for annual meetings. Any business may be transacted at an adjourned meeting, which under the warning might have been transacted at the original meeting; and in all meetings of said village, none but the inhabitants hereof qualified by law to vote in town meetings and who have resided at least three months within the bounds of said village shall be entitled to vote.

Sec. 4. Said village shall, at every annual meeting elect for the ensuing year a moderator, clerk, treasurer, collector and three auditors. At the first annual meeting of said village there shall be elected three trustees whose term of office shall be for one year and two trustees whose term of office shall be for two years; and at every annual meeting thereafter there shall be elected two trustees for the term of two years and one trustee for the term of one year, and such additional trustees may be elected as are necessary to fill vacancies.

The trustees shall be elected by ballot, and any of the other officers shall also be elected by ballot provided a written demand therefor is filed with the clerk before the meeting signed by not less than five legal voters therein. Any person who receives the highest number of votes cast for a given office shall be elected thereto.

Sec. 5. In case the moderator shall be absent from any meeting, that member of the board of trustees present at such meeting whose name shall have precedence on the list of trustees as recorded in the minutes of election of the then existing board of trustees, shall act as moderator pro tem.

Sec. 6. The term of office of all the village officers shall commence on the day following their election, unless otherwise provided herein, and continue until their successors are chosen and qualified.

Sec. 7. The compensation of the clerk, treasurer and collector shall be fixed by the village; the compensation of all other officers, servants and employees of the village shall be fixed by the board of trustees, except as herein otherwise provided.

Sec. 8. The board of trustees shall have the general care and management of the prudential interests and affairs of said village; shall assess all taxes and make out a rate‑bill accordingly; shall direct the expenditure of all moneys belonging to said village, and draw orders upon the treasurer and generally perform all the duties legally enjoined upon them by said corporation, and shall submit their accounts and vouchers to the auditors at least three days before the annual meeting of each year. Said board shall have power to abate taxes laid or assessed by virtue of this act, and also all highway taxes assessed against tax payers of said village, to remit fines imposed for the violation of the by‑laws or regulations of said village, and to discharge offenders from imprisonment for the same. The power of said board to abate taxes shall be subject to the same limitations and may be exercised for the causes provided in Sections 3069 and 3070 of the Vermont Statutes. The board may fill any vacancy in any elective village office, and a person so appointed shall serve until his successor is elected, but the village may, at any time, at a meeting duly called for that purpose, fill such vacancy for the unexpired term.

Sec. 9. It shall be the duty of the clerk to warn village meetings and keep a record of all the proceedings of said village; he shall also ex‑officio be clerk of the board of trustees and keep a record of its proceedings so far as the same are proper matters for record; he shall have power to certify copies of all records kept by him for which he shall receive the same fees as town clerks for like services, and shall perform all other duties required by this act and such as are usually performed by clerks of villages.

Sec. 10. The treasurer and collector of taxes shall perform for said village the same duties required by law respectively of a town treasurer and collector of town taxes and shall have the same powers, proceed in the same manner, be subject to the same liabilities and give such bonds to the village as the trustees may direct. A failure to give such bond within ten days from their election or appointment will render such office vacant.

Sec. 11. The auditors shall previous to each annual village meeting, examine and audit the accounts of the village officers, but no account shall be allowed by such auditors without the production of proper vouchers therefor, and shall report to the village at its annual meeting the condition of the treasury thereof, including the assets and the outstanding liabilities of the village.

Sec. 12. The board of trustees shall annually, at their first regular meeting, elect, from their number a chairman. They shall also appoint a chief and two assistant engineers of the fire department, and may appoint a street commissioner and a sewer commissioner. All officers appointed by the board shall be under its direction and control and may be removed at its discretion. Said board shall cause a certificate of such appointment or removal to be recorded in the office of the village clerk. Any vacancy in an appointive office may be filled by the board at any time.

Sec. 13. The board of trustees shall hold their first regular meeting within three days after the annual village meeting; and shall hold such other regular meetings as the by‑laws may provide.

Sec. 14. The chief of the fire department, or in his absence the assistant engineer next in authority shall have power at fires to suppress tumults and riots, by force if necessary, to remove all effects endangered by such fire and protect the same from waste and depredation, to pull down or remove any building when he deems it necessary to prevent the spreading of such fire, and to require the assistance of any and all inhabitants of said village for the purposes aforesaid, and for such acts he and those acting under his authority shall not be held personally responsible. It shall be his duty, under the direction of the board of trustees, to inspect the manufacture or keeping of gunpowder, lime, ashes, matches, lights, gasoline, fireworks and other combustibles, and the construction and repairs of fire‑places, chimneys and stoves within said village, and if he deems the same dangerous to the safety of the inhabitants, he shall by his order in writing approved by the trustees and recorded by the clerk and delivered to the person so conducting such manufacturing, keeping, construction or repairs, direct in what way to construct the same, and any person neglecting or refusing to obey any such order so made, recorded and delivered, shall be punished by a fine of not exceeding fifty dollars with costs of prosecution.

Sec. 15. All apparatus for the extinguishment of fires and the rooms for storing the same, owned or leased by the village, and all fire companies organized under the authority of said village, shall be under the direction and control of the chief of the fire department; and he shall make a detailed report to the board of trustees before each annual meeting of the condition of the fire department.

Sec. 16. The street commissioner shall, under the direction and control of the board of trustees, have in charge the building and repairing of all the highways, streets, lanes and side‑walks in the village; he shall keep such accounts relating thereto as the trustees may direct, and shall at all times have the same ready for inspection by said trustees or any of them, and furnish a copy thereof to the auditors when required at least three days before the annual meeting.

Sec. 17. The highway taxes assessed by the town of Bennington upon the polls and ratable estate of said village corporation shall be paid in money, subject to such discount, not exceeding four per cent thereof as the said village shall, by vote direct, which discount when made or directed shall be uniform in its application; and the trustees of said village shall, in each year hereafter, make out a tax bill therefor, and deliver the same seasonably to the collector of taxes of said village, with a warrant for its collection, or to the treasurer of said village if said village shall by vote so direct, who shall proceed to collect said taxes, as provided by law, and the taxes so collected by him shall be paid into the treasury of said village to be used and applied by said village under the direction of the trustees, in building, repairing and maintaining the highways, streets, walks, alleys and lanes of said village. The voters in said village shall not vote for road commissioner at a town meeting of the town of Bennington.

Sec. 18. The trustees of said village shall have the same power whenever in their judgment the public good requires, to take gravel, earth, stone and other materials to repair or build a road, street or sidewalk in said village, as is now vested in the selectmen of towns for the taking of such materials to build or repair highways therein, and in such taking by said trustees the same proceedings shall be had as provided by law for the taking thereof by selectmen.

Sec. 19. The board of trustees shall also annually appoint a chief of police and not more than five additional police officers, except on public occasions, when they may appoint such number of special police for that occasion as they may think necessary, by appointment in writing under their hands, who shall be qualified by taking the oath of office, and causing their said appointments to be recorded by the clerk of the village; but any such appointment may be revoked by the said board, in its discretion, which revocation shall also be in writing and be recorded by the clerk. Such chief of police and other police officers shall, by virtue of their said appointment be constables, informing officers and conservators of the peace within the village, and may serve any criminal process throughout the county of Bennington returnable within said village or to the county court within and for said county of Bennington; and they may commit any person convicted of a violation of any by‑law, regulation or ordinance of said village or any provision of this act, or any law of the state, upon mittimus, to the common jail in Bennington county; and they shall be proper officers in justice criminal courts held within said village, with full power to empanel, draw and summon jurors before such justice courts. And such police officers shall be entitled to receive therefor the same fees as constables would be entitled to receive for the same services. Said police officer shall have the same right to demand assistance from any person or persons which sheriffs and constables now have, and any person refusing to assist such police officer shall be subject to the same fines and penalties as are now provided by law for refusing to assist a sheriff or constable.

Sec. 20. The said village shall also have authority and power to construct, maintain and repair a reservoir or reservoirs, pumps, engines and apparatus, take, purchase and acquire, as in this act provided, any ponds, springs, streams, water courses, real estate, water rights, flowage rights and easements necessary for its purposes within the limits of the towns of Bennington, Shaftsbury and Glastenbury in the county of Bennington together with such land surrounding and adjacent to the same as may be reasonably necessary for protecting and preserving the purity of the water in such ponds, springs and streams, and may enclose such ponds, springs and streams by suitable fences for the purpose of such protection; and to enter in and upon any land or water for the purpose of making surveys, may take and construct dams and reservoirs, lay pipes and aqueducts and connect the same with the main aqueduct as may be necessary to convey the water when taken as aforesaid to the reservoirs of said village and distribute the same through said village for the purpose of supplying the inhabitants thereof and of the towns of Bennington or of the adjoining town of Shaftsbury, with water for fire, domestic and other purposes; but said village shall not take, otherwise than by purchase, the water of any stream, spring, pond or reservoir owned by or used in other municipalities for like purposes or which the owner or lessee or other person having a vested right or interest in said water or use thereof, may reasonably require for domestic use or the watering of animals on the premises where such water may be in use.

Sec. 21. Said village for the purposes aforesaid may enter upon and use any land and enclosure over or through which it may be necessary for an aqueduct or pipes to pass and may thereon dig, place, lay and construct such pipes, aqueducts, reservoirs, appurtenances and connections and repairing of the same, from time to time, may open the ground in any streets, lanes, highways and public grounds for the purpose of laying down, and repairing such pipes, aqueducts, reservoirs and appurtenances, as may be necessary for conducting the water and the purposes aforesaid; provided that such streets, lanes, highways and public grounds shall not be injured, but shall be left in as good condition as before the laying of said pipes, aqueducts, reservoirs and appurtenances.

Sec. 22. [Repealed in 1921]

Sec. 23. The owner of any tenement, house or building, who shall take the water of said village shall be liable for the rent or the price of the same, and the officers and agents of said corporation intrusted with the care and superintendence of the water, may at all reasonable times enter all premises so supplied to examine the pipes and fixtures and prevent any unnecessary waste, and if any person or persons without the consent 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 and such action may be commenced and prosecuted by the board of water commissioners in the name of said village.

Sec. 24. If any person wilfully, wantonly or maliciously diverts the water or part thereof, of any of the ponds, springs, streams, aqueducts, water courses or reservoirs, which shall be taken, used or constructed by said village, or shall corrupt the same, or make it impure, or commit any nuisance therein, or shall bathe therein, or within the limits that may be taken or prescribed by said village pursuant to the provisions of this act, or maliciously injure or destroy any dam, embankment, aqueduct, pipe, reservoir, conduit, hydrant, structure, pump, machinery, or other property owned, held or used by said village under the provisions of this act, he shall be liable to said village, in treble damages therefor, to be recovered in an action of tort founded on this statute, and any such person on conviction of either of the malicious acts aforesaid, shall be punished by a fine not exceeding one hundred dollars or imprisoned in the house of correction not exceeding six months and such action may be commenced and prosecuted by the board of water commissioners in the name of said village.

Sec. 25. The trustees shall have the care and supervision of the public sewers and drains of the village and shall see that the same are properly constructed and maintained, and that the sewers or drains from abutting or adjacent property are properly connected with the public sewer or drain.

Whenever a sewer commissioner is appointed by them, as in this charter provided, the trustees may delegate to him the performance of such of the foregoing duties as they may see fit.

Whenever, after there has been established in said village a system of water works so that the inhabitants thereof may have the right to obtain from such system water for culinary and domestic purposes, if in the judgment of the trustees the public good and necessity and convenience of individuals shall require the construction of a sewer system in said village or a sewer main through the principal streets thereof, said trustees are hereby authorized and empowered to lay out and construct such sewer system or sewer main and may from time to time extend the same as the public good and the necessity and convenience of individuals shall require, and when constructed, the same shall be under the care and control of the board of trustees or the sewer commissioner, as herein provided. Said trustees are also authorized and empowered to lay out and construct said sewer main or parts of said system through lands of individuals or corporations, whenever, in the judgment of the board, the public good shall so require, provided compensation for damages sustained by private individuals is made to them by said village.

Sec. 26. After such system of sewers or mains has been constructed as above provided, each and every owner of a house or other building in said village situate upon any highway, street, lane or alley through which a sewer main has been so laid out and constructed, shall, when requested by the trustees cause to be constructed under the direction of the commissioner, a sewer or drain from such house or other building to the nearest sewer main and connected therewith so as to take all the sewage from and around said house or building and discharge the same into such sewer main. In case any person or corporation owning a house so situate shall fail or neglect to construct such branch sewer from his house, it shall be the duty of the sewer commissioner to give such person notice in writing, recorded by the clerk, requiring him to build such branch sewer from his premises to the main sewer; and in case any such person does not construct such branch sewer within thirty days from the time of receiving said notice, it shall be the duty of the board of trustees to declare said premises a nuisance, and said board of trustees may direct the sewer commissioner who is hereby authorized and empowered so to do to enter upon said premises and properly construct said branch sewer, and the person upon whose premises such branch sewer has been so constructed shall pay to the treasurer of said village forthwith upon the completion of work all expenses which the sewer commissioner has incurred in the construction of such branch sewer, and upon neglect of such person to pay the same then the corporation shall have an action founded on this statute to recover such expenses and said premises shall be holden for the payment of any judgment recovered in such action, and no homestead shall be exempt from attachment and execution in such action.

Sec. 27. The trustees shall have authority to enter upon private lands or property to clear out, open or construct any drain or ditch which, in their judgment, is required or necessary to receive or carry off the surface water falling or flowing upon the streets or highways in said village and likely to do damage thereto, or to render the same dangerous to public travel, and to clean out, open or increase the capacity of any water course or ditch or drain which now receives all or any part of such water upon payment or tender thereof to the party injured thereby, damages by him sustained by reason thereof.

Sec. 28. The village shall also have authority to construct and maintain an electric or other light plant, for the purpose of lighting the streets, walks and public grounds of said village, and the lighting any buildings therein, and for this purpose may take or purchase, acquire and hold any water power, land and rights of way in said town, needed for the construction, maintenance and operation of said light plant, as provided in this act, and may use any public highway over which it may be necessary or desirable to pass with the poles and wires or other conduits of the same, provided the use of such highway for the purpose of public travel is not thereby necessarily impaired.

Sec. 29. Said village shall have authority to contract for the furnishing of water to said village for extinguishing fires, sprinkling the streets, supplying drinking places or other public uses, and may contract for the furnishing of lights for the lighting of streets, sidewalks or any public grounds, or for the lighting or heating of any building used by said village, and may levy and collect a tax to provide funds to meet such contracts.

Sec. 30. Said village at an annual or special meeting called for that purpose, is hereby authorized and empowered to borrow money at the rate of not to exceed five per cent per annum, payable annually or semi‑ annually for any of the purposes herein mentioned, including the construction and establishment of a water system, sewer system and light plant, and to issue notes and bonds therefor, and such notes or bonds shall be signed by the trustees and countersigned by the treasurer of said village, and if interest coupons are attached they shall be signed by the treasurer; and the bonds or notes shall contain a statement that they were issued for the purposes mentioned and in conformity with the provisions of this act, and such statement shall be conclusive evidence of the same, and of the liability of the village to pay such notes or bonds in an action by a person who in good faith holds the same. The village treasurer shall keep a record of every note or bond issued under the provisions of this act, therein stating the number and denomination of each note or bond, when and where payable, to whom issued, and the rate of interest thereon; and also shall keep a record of payments, interest and principal and if any coupons are taken up, shall deface the same.

Sec. 31. The total amount of the bonded or other outstanding indebtedness of said village at any one time, however, shall not exceed 10 percent of the assessed valuation of the property therein; and said village may refund its outstanding legal indebtedness by issuing its notes or bonds therefor subject to the provision of this section.

This section shall not be construed to prevent the village issuing its orders to borrow money to provide for current necessary expenses in any year; said orders, however, to be retired from the avails of taxes appropriated for the purpose by the village that year.

Sec. 32. Whenever, to exercise or carry into effect any of the powers hereinbefore vested in said village, or the trustees thereof, the public good or the necessity of said village shall, in the judgment of the trustees, require the entering upon or the taking by the village, or by the trustees in its behalf, of water, land or real estate, or any interest therein of any person or corporation, and such person or corporation disputes the necessity of such taking, or if the damages therefor cannot be adjusted by agreement, the matter shall be determined by the trustees of said village, after hearing all parties interested. Such hearing shall be had upon written notice of the time and place thereof, given at least ten days before the hearing, which notice shall substantially describe the waters, lands or privileges desired; and said trustees shall within ten days after such hearing file their decision and award in the town clerk's office of the town where the property is situated, and cause the same there to be recorded and shall at the same time file in such office a description of the waters, lands or privileges so taken, sufficiently accurate for the identification; and if no appeal is taken from the decision and award of said trustees, as hereinafter provided, they shall, upon payment or tender of th amount awarded by them to the persons entitled thereto, be authorized to proceed under the provisions of this act, without further hindrance or liability for damages.

When any person or corporation interested in any property or rights taken under this act shall be dissatisfied with the decision of said trustees as to the necessity for or extent of such taking, or with the award of damages, he may petition the Bennington county court for a rehearing in the premises, and any number of persons aggrieved may join therein; but such petition shall not delay said village or its board of trustees in taking possession or control of such waters, lands or privileges, where such petition relates to the matter of damages only.

Such petition shall be served on the clerk of the village within sixty days after the filing of the decision and award of the trustees, as hereinbefore provided, and at least twelve days before the term of court to which it is made returnable; and such proceedings shall be had in said court, on said petition, except as herein otherwise provided as are provided by sections 816 and 817 of Vermont Statutes, and the amendments thereof, relating to the taking of land for school purposes.

Sec. 33. Said village shall have the power:

1. To establish and regulate a market, and to regulate and license the selling and peddling of meat, fish and other provisions from vehicles within the village.

2. To regulate, license, tax and prohibit the exhibition of common showmen, circuses, menageries and shows of every kind not prohibited by law, and all plays, exhibitions or entertainments for money.

3. To regulate the speed for riding or driving horses, teams or bicycles, and the use of automobiles, cars and other vehicles within said village.

4, To regulate the making of alterations and repairs of stove pipes, furnaces, fireplaces and other things, from which damage from fire may be apprehended; to regulate the use of buildings in crowded localities for hazardous purposes; to provide for exists and fire escapes from all public buildings and rooms; and to provide for the preservation of buildings from fire by precautionary measures and inspection.

5. To regulate the manufacture and keeping of gunpowder, ashes, lime, matches, gasoline, fireworks and other dangerous explosives and combustible materials.

6. To regulate the grade of streets and the grade and width of sidewalks, and the construction thereof, and protect the same.

7. To regulate porters, truckmen, cartmen and cartage, also hackney coaches, cars and carriages and their drivers.

8. To regulate and determine the time and place of bathing in any of the public waters within the village, and to prevent the same.

9. To regulate and direct the location and management of all slaughtering houses, markets, blacksmith shops and all like industries.

10. To regulate and restrain the use of rockets, squibs, firecrackers or other fireworks in the streets or on the commons or parks of the village.

11. To regulate and restrain coasting, ball playing or other sports upon the streets, sidewalks, parks or common of said village.

12. To regulate and restrain the keeping and running at large of animals and fowls in the said village.

13. To regulate and restrain the putting up or suspending of any sign or awning in or over any street, lane, alley, common or other public place in the village; and to order and direct that signs and awnings heretofore erected or suspended as foresaid, shall be changed, taken down or removed.

14. To compel the owner or occupant of any unwholesome or offensive house or place to remove or cleanse the same from time to time, and as may be necessary for the health and comfort of the inhabitants of the village.

15. To compel the cleansing and repairing 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 removal and disposition of rubbish, waste and objectionable material therefrom.

16. To license victualing houses, billiard saloons, bowling alleys, shooting galleries, places of amusement and auctioneers, under such regulations as may be prescribed therefor.

17. To restrain and prohibit all descriptions of gaming and gambling; and to provide for the destruction of all instruments and devices used for that purpose.

18. To abate and remove nuisances, and to restrain and suppress houses of ill‑fame and disorderly houses.

19. To prevent riots, noises, disturbances or disorderly assemblages.

20. To prevent cruelty to animals.

21. To provide for policing and lighting its streets, sidewalks, parks, commons and public buildings.

22. To provide for the care, preservation and improvement of public grounds and the planting, maintenance and trimming of shade and ornamental trees in the public streets and parks, and for the removal of the same whenever the public good or convenience requires.

23. To prohibit wilful injury to trees planted for shade, ornament, convenience or use public or private, and to prevent and punish trespasses or wilful injuries to or upon public buildings, parks, squares, commons, cemeteries or other property.

24. To fix and determine the location, as well as the method of construction and the manner of operation of any railroad or railway hereafter to be constructed in or through said village, and to demand, impose and enforce such terms, conditions and regulations for the construction and operation of any such railroad or railway and for the use of any portion of any street or highway in said village by any railroad company, and to fix and regulate the location, construction, maintenance and operation of any telegraph, telephone, electric light, gas, electric power or water line, plants or systems, including such sum or sums to be paid said village for the use of any street or highway for any or all of said purposes, and for the purpose of laying, maintaining and operating the plant or appliances therein, or for the purpose of herein locating and maintaining any poles, wires, pipes, or other apparatus in or under the surface of any street or highway and to prohibit the use of such street or highway by such company or person until such terms have been complied with, and no such railroad, railway, telegraph, telephone, electric light, gas or water lines shall e located or constructed in or through said village without the consent of the trustees thereof.

25. To establish regulations not inconsistent with law for the conduct of elections in said village.

Sec. 34. The village may make, alter, amend or repeal any ordinance, by‑law, or regulation which it deems necessary and proper for carrying into execution the foregoing powers or for the well‑being of said village and which is not repugnant to the constitution or laws of this state or of the United States; and to provide penalties for the breach thereof; and public notice of such by‑laws, regulations and ordinances shall be given by posting a notice thereof in at least three public places in said village, not less then five days before the same shall take effect; all fines, penalties, taxes and moneys paid for licenses thereby provided, shall belong to the village and be paid to its treasurer.

Sec. 35. The by‑laws, rules, regulations and ordinances of said village shall be recorded in the office of the clerk of said village, and the clerk's certificate that such by‑laws, rules, regulations or ordinances have been passed or adopted, shall be prima facie evidence of such fact in any court in this sate, and certified copies of said by‑ laws, rules, regulations and ordinances and clerk's certificates shall also be received as evidence in all the courts of this state.

Sec. 36. Said village may impose a fine not exceeding one hundred dollars, for the breach of any by‑law, rule, regulation or ordinance. The court shall impose the costs of prosecution in addition to the fine, in case of a conviction, and when it is necessary 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 violates any ordinance or by‑ laws of said village, he may on conviction thereof, be imprisoned in the common jail in the county of Bennington not exceeding sixty days, in addition to or in lieu of said fine and costs, in the discretion of said court. If any person 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 ordinances which said village is authorized to make, the village may sue for and recover the penalty for violation of such 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 persons residing without the state.

Sec. 37. The trustees of the village and any informing or prosecuting officer of the town or county of Bennington may prosecute for violations of the charter; or the ordinances, by‑laws and regulations of said village.

Sec. 38. This act shall be subject to future legislation to alter, amend, or repeal, and shall take effect when accepted and adopted by a majority vote of the legal voters of the village of North Bennington, as it now exists, present at a meeting thereof duly warned and held for the purpose; notice of which meeting, signed by the clerk of said village, shall be posted in at least three public places in said village at least twelve days before the same is held. But if not so accepted and adopted on or before the first day of December, 1905, this act shall be take effect, and but one meeting of said village or adjournments thereof to consider the question of such acceptance and adoption shall be held.

[The following sections are referred to as Sec. 5, et. seq. in the 1924 Amendment, i.e. Act No. 303. However, for continuity sake, they are re‑numbered here beginning at the end of the original Charter adopted in 1904.]

Sec. 39. [Sec. 5] Said village is hereby authorized and empowered by a majority vote of the legal voters of said village present and voting at a meeting duly called and holden for that purpose, to accept from Laura H. Jennings, her executors, administrators or heirs a gift of and by proper deed or deeds a conveyance of a system of water works, and the appurtenances thereof for supplying the inhabitants of said village and of the adjacent parts of the towns of Bennington and Shaftsbury with water for fire, domestic and other purposes; and to so accept, take over, hold and have said system of water works, if and when the same is completed, or any part thereof, if the whole thereof is not completed upon and subject to such terms, conditions and limitations as may be agreed upon by and between said Laura H. Jennings or her heirs, executors or administrators and said village to be fully set forth and expressed in said deed or deeds of conveyance and for the uses and purposes therein stated, for the purpose of maintaining and operating the same for furnishing and supplying said village of North Bennington and the inhabitants thereof and such other parts of the towns of Bennington and Shaftsbury as the board of water commissioners of said village may from time to time determine, with water for domestic, fire and all other public uses and purposes.

Sec. 40. [Sec. 6] For the purpose of enabling the said Laura H. Jennings or her heirs, administrators or executors to build and complete such a water system for the purpose of donating the same to said village. The trustees of said village may by a majority vote of said trustees present and voting at a meeting of said trustees duly called and holden for that purpose, authorized and empowered the said Laura H. Jennings or her heirs, administrators or executors to make the necessary excavations in the streets and all public ways in said village for the purpose of laying therein the pipes and mains of said water system and the selectmen of the towns of Shaftsbury and Bennington shall likewise permit the said Laura H. Jennings or her heirs, administrators or executors to make the necessary excavations in the highways and all public ways of their respective towns for the purpose of laying therein the necessary pipes and mains of said water system or of crossing the said highways or public ways with said pipes or mains.

Sec. 41. [Sec. 7] The said village may assist the said Laura H. Jennings or her heirs, administrators or executors in the building of all or any part of said water system in any way it deems best within the powers already possessed by said village according to law or the provisions of its charter and for the purpose of building and completing all or any part of said water system to be donated to said village as hereinbefore set forth, shall have and may exercise all the powers of eminent domain granted it by law or the provisions of its charter, being No. 238 of the acts of 1904, in the manner provided by law or its said charter.

Sec. 42. [Sec. 8] If in the construction, completion, maintenance or future extension of said water system it becomes necessary, in order to complete said system or to convey water to the said village or its inhabitants, to lay the water pipes or mains of said system across premises or a right of way owned by a public service corporation and already devoted to a public use and in case said village and said corporation cannot agree as to the place and manner in which said water pipes or mains shall be laid across such premises or right of way or upon the amount to be paid therefor, or in case said corporation refuses to permit said village to lay its water pipes or mains across said premises or right of way, the said village or said corporation may petition the public service commission which after due notice and hearing to the parties interested shall determine whether it is necessary that said water pipes or mains may be laid across said premises or right of way and if so in what place and manner and if so, what amount shall be paid therefor and to whom it shall be paid. The orders and findings of said commission shall be subject to appeal or exception to the extent and in the manner now provided by the general law of Vermont in the case of the condemnation of land for railroad purposes.

Sec. 43. [Sec. 9] The inhabitants of said village and of those parts of said towns of Bennington and Shaftsbury to which said board of water commissioners may decide to extend said system shall be entitled to water from said system at reasonable rates and under reasonable rules and regulations, not in conflict with the deed to said village from said Laura H. Jennings, or her heirs, administrators or executors.

Sec. 44. [Sec. 10]