The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05


reasonable times when requested so
to do. sell and furnish at reason
able price So much or such an amount
OF said electric energy as the public
convenience or necessity may require
to any and all persons, companies and
corporations, municipal or private, in
this state, desiring to use the same
in the state for heating, lighting or
power purposes or for any other pub
lie use or purpose; subject to such
reasonable conditions and limitations
in each case as the public service
commission upon petition brought
and after due notice to both parties
may prescribe.
Sec. 3. The procedure, when the
parties cannot agree, for carrying out
the provisions of this act, shall be by
petition brought by the person or
party seeking to purchase and receive
such electric energy against the party
generating the same to the public
service commission, setting forth the
purpose for which the energy is need
ed and the amount, and such other
facts as under the provisions of this
act, or the section relied upon, as
the case may be, will entitle the petit
TONER to purchase and receive such
electric energy from the petitionee,
and praying that the petitionee may
be called upon to answer said petition
and for relief; and he shall give su1fi-
Client security to the petitionee by way
or recognizance as required in writ
or summons, that he will prosecute
his petition to effect, and pay all costs
that may be awarded the petitionee
against him.
Sec. 4. The petition, with citation
attached. signed by the chairman or
one of the other members of the COM
mission, or its clerk, requiring the
petitionee to appear at a certain time.
and at some stated place named in
the county where he resides or where
his generating plant is located with
in not less than 10 days after the
date of said citation, which citation,
with the petition, Shall be served on
the petitionee, like a writ of sum-
| mons, not less than six days before the
date he is called upon to appear. At
which time and place the commission
or majority of the board shall hear
| the parties and their witnesses and
such other evidence as they may offer.
ana determine the facts and thereup-
on make such order and decree there
! on as the law and justice require:
which order shall be final unless APP
/ pealsd from. And said commission
may adjourn said hearing from time
| 10 time and to another place in the
county, and may adjourn il elsewhere
! ii the parties consent.
Sec. .. Any party to the case who
feels himself aggrieved by the final
order or decree of the commission
shall have the right 10 take the cause
10 the Supreme Court by appeal from
said board. Said appeal shall be
taken and The cause entered in the
supreme Court for the county where
the petition and citation were return.
able in the manner and under the
law and rules Of procedure that gov
ern such appeais from the court OF
chancery; and the court shall have
the same power therein that il has
over appeals from such court. The
court shall, IL no cause is shown to
the contrary, on motion of either
party appoint three disintcrested free.
holders. residents of the county where
the appeal is taken, unless otherwise
agreed upon by the parties. to be com.
missioncrs who shall appoint time
and place of hearing the matter set
forth In the petition and give at least
six days notice thereof 10 the parties.
and after hearing the parties The com.
missioners or q majority Of them she'll
report IN writing the facts found bv
them and such other findings as the
court may direct Upon the return
OF the report either party may Oh
feet 10 it, acceptance for good cause
shown and the court may set aside the
report and order a re.hearing: but i.
the court accepts and establishes tho
same, the court may reverse or affirm
the orders or DEGREES made by The
beard, and may remand the cause "a
the said board with such mandate as
law and eQulrv require: and said
board shall enter an order or decree
In accordance with said mandate.
Sec. G. Any person or cornoration
violating any provision Of this ac.
shall be fired not more than nve thou.
I sand dollars
Sec. Z. This act shall take effect
from It's passage.
Approved February II. 1913.