ART. 23] APPEALS TO THE COURTS. 755
of indebtedness, consolidation, lease and transfer of franchises, valuation
of property, plant and franchises, keeping of accounts, complaints as
to quality, price and facilities furnished, the fixing of just and reason-
able prices, services and facilities, forfeitures and penalties of all
descriptions, summary proceedings, proceedings before said commission
and proceedings in any court mentioned in this sub-title, and any and
all other sections, paragraphs, provisions and parts of this sub-title in
reference to any corporations subject to its provisions, so far as the
same or any of the same may be practically, legally or necessarily
applicable to water companies, and heat or refrigerating corporations,
and to power companies or corporations, and to their respective service
and charges and to their property, plant, franchises and management,
are hereby made applicable to such corporations and companies, their
service, charges, property, plant, franchises and management, and shall
have full application thereto.
1910, ch. 180, sec. 43 (p. 388).
457. Any corporation subject to this sub-title, or any of the provi-
sions of this sub-title, and any person in interest being dissatisfied with
any order of the commission, fixing any rate or rates, tolls, charges,
schedules, joint rate or rates, or any order fixing any regulations, prac-
tices, acts or service, may commence any action in the circuit court for
any county, or before any judge of the supreme bench of Baltimore city,
in any court of Baltimore city of appropriate jurisdiction which may
be adopted for the purpose, against the commission as defendant to
vacate and set aside any such order on the ground that the rate or
rates, tolls, charges, schedules, joint rate or rates, fixed in such order
is unlawful, or that any such regulation, practice, act or service fixed
in such order is unreasonable, in which action a copy of the complaint
shall be served with the summons.
The answer of the commission to the complaint shall be served and
filed within twenty days after service of the complaint, whereupon said
action shall be at issue and stand ready for trial upon fifteen days'
notice to either party.
All such actions shall have precedence over any civil cause of a
different nature pending in such court, and the said courts shall always
be deemed open for the trial thereof, and the same shall be tried and
determined as other civil actions.
Every proceeding, action or suit to set aside, vacate or amend any
determination or order of the commission, or to enjoin the enforcement
thereof or to prevent in any way such order or determination from
becoming effective, shall be commenced, and every appeal to the courts
or right or recourse to the courts shall be taken or exercised within sixty
days after the entry or rendition of such order or determination, and
the right to commence any such action, proceeding or suit, or to take or
exercise any such appeal or right of recourse to the courts, shall deter-
mine absolutely at the end of such sixty days after such entry or rendi-
tion thereof.
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