The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-12-11
,CHARRER OF LIGHT
AND POWER
COMP ANY
Continued from First Page)

| ton 10 De puDuSDeu III newspaper
circulating in said town, city or vii
| Iage and in addition a notice stating
| the time and place when and where
| the same will be considered. There
upon if said slectmen, aldermen or
! trustees object to said location or the
method of construction in whole or
4, in part they shall within five days
| give said corporation written notice
| thereof, therein specifying their OBJ
! jections, whereupon if an agreement
! is not reached upon the issues SO
! raised, said corporation may appeal
to the Public Service Commission by
petition, and thereupon such pro-
ceedings shall be had and such
rights, liabilities and authority at
tach to said commission and the par.
I, ties interested as are provided for
by Section IA of No. 116 of the Acts
of 1908 and the sections therein re-
ferred to.
In the distribution of electricity or
other product it shall in the con-
struction, maintenance and repair of
any transmission or other lines, con-
Quits or other agencies under
| across or over any streets or high
ways proceed and be governed by
! such regulations as are or may be
! provided by the general laws Of the
State.
Section T. Said corporation SHALL
subject to the provisions of section
| five of this act, at any time furnish
| electricity or electrical energy gen.
, Grated by water power under the pro-
vision of this charter, for any par
pose to any person or corporation
municipal or otherwise, in tnis
State.
Section 5. In case said corpora
| ton cannot agree with any munich
| pality, person or corporation enum
| Grated in the preceding section, or
with any other municipality, person
| or corporation to whom it sells and
| furnishes electricity or power as 10
| the price to be paid for electricity or
| power sold and furnished by this cor
poraton. the same shall be deter
mined by the Public Service Com
mission on petition by any party in
| interest with the right of appeal to
the Supreme Court on the question
OF the legality or reasonableness of
the order of said Commission Up.
on the final determination of said
price in the manner hereinbefore pro
vided, this corporation shall there
upon furnish electricity or power un-
der and according to the terms of the
aforesaid final order. Whenever the
facts and conditions, in existence at
the time any such order of the Pub
lie Service Commission or the SUI
preme Court is made, shall have ma
terially changed, said order may in
! like proceedings and in like manner
be abrogated or modified upon the
! petition of any party in interest.
Upon like proceedings subject to like
review by the Supreme Court said
Public Commission may fix a llmita.
ton upon the distance in this State
beyond which when so fixed said cor
poration shall not be required to fur
nish electricity or electric energy
and may for cause shown relieve SAID
corporation from the duty of furnish
/ ing ELECTRICITY or electrical energy
at remote points in the State The
rates charged by said corporation
shall he without discrimination but.
in case the rate is determined as
herein provided, in such determine
ton the distance from the general
ing plant 10 the place of deliver
shall be. considered.
Section g. If in the exercise of
its powers, or the performance of
its duties hereunder or the develop
ment, constructions and mainten.
ances herein authorized, Il becomes
necessary for said corporation to
take the land of any person or cor
poration, or to flow water onto the
same, or to take and divert the wat
ers OF any stream or spring or to
otherwise damage the land or proper
~ of any person or corporation. or
to erect and maintain transmission
lines, towers, conduits or lines of
poles and wires on the land of any
other person or corporation. and, if
this corporation cannot agree With
the owner thereof or the person so
damaged as to the necessity for so
doing and the damage to be paid
therefor this corporation may make
apIsication to two judges of the Su-
preme Court, who shall thereupon ap-
point two disinterested commission
10 W hNA'iiuiit Nht Necessity Lnefe-
OF and the damages which the said
owner or occupants thereof, will
sustain by reason of any of the
aforesaid acts. constructions. main.
tenances, continuances, diversions
and takings, and the same proceed
ings shall thereupon be had as are
provided for the appraisal of damag-
es in case of a railroad corporation
taking land or property for the con
struction. maintenance and accommo-
dation of its road in Chapter 191 of
tho Public Statutes of Vermont and
amendments thereto. with all the
rights of appeal therein provided.
and upon the payment or tender or
deposit, in the manner pointed out by
said Chapter 1871. of the DAMAGES
and costs so ascertained, this corpor-
alton may proceed to take said
land or TO erect and maintain said
transmission lines. conduits, towers
or lines Of poles and wires on said
lands, or to take and divert such
waters as in such proceedings is de-
termined to be necessary.