ART. 23] GAS AND ELECTRIC COMPANIES. 751

fails or neglects to obey or comply with such order, or any provision of
this sub-title, shall forfeit to the State of Maryland not to exceed the
sum of one thousand dollars for each offense. Every distinct violation
of any such order of this sub-title shall be a separate and distinct
offense, and in case of a continuing violation each day shall be deemed
a separate offense. An action to recover such forfeiture may be brought
in any court of competent jurisdiction in this State in the name of the
State of Maryland, and shall be commenced and prosecuted to final
judgment by counsel of the commission. In any such action all penal-
ties and forfeitures incurred up to the time of commencing the same
may be sued for and recovered therein, and the commencement of an
action to recover a penalty of forfeiture shall not be, or be held to be,
a waiver of the right to recover any other penalty or forfeiture; if the
defendant in such action shall prove that during any portion of the
time for which it is sought to recover penalties or forfeitures for a
violation of an order of the commission the defendant was actually and
in good faith prosecuting the suit, or proceeding in the courts to set
aside such order, the court shall remit the penalties or forfeitures
incurred during pendency of such suit, action or proceeding. All
moneys recovered in any such action, together with the costs thereof,
shall be paid to the state treasurer, except one-fourth thereof, which,
shall be paid to the mayor and city council of Baltimore.

Whenever the commission shall be of the opinion that a gas corpora-
tion or electrical corporation is failing or omitting, or about to fail or
omit, to do anything required of it by law or by order of the commis-
sion, or is doing anything or about to do anything or about to permit
anything to be done, contrary to or in violation of law or of any order
of the commission, it shall direct counsel to the commission to com-
mence an action or proceeding before one of the judges of the supreme
bench of Baltimore city or in one of the circuit courts of the counties,
in the name of the commission, for the purpose of having such violation
stopped and prevented either by mandamus or injunction. Counsel to
the commission shall thereupon begin such action or proceeding by a
petition in any of said courts, as the case may require, alleging the
violation or the threatened violation complained of, and praying for
appropriate relief by way of mandamus or injunction. It shall there-
upon be the duty of the court to specify the time, not exceeding twenty
days after service of a copy of the petition, within which the gas corpo-
ration or electrical corporation complained of must answer the petition.
In case of default in answer or after answer, the court shall immediately
inquire into the facts and circumstances in such manner as the court
shall direct, without other or formal pleadings, and without respect to
any technical requirement. Such other persons or corporations as it
shall seem to the court necessary or proper to join as parties in order
to make its order, judgment or writs effective may be joined as parties
upon application of counsel to the commission. The final judgment in
any such action or proceeding shall either dismiss the action or proceed-
ing, or direct that a writ of mandamus or an injunction issue as prayed