ART. 23] TURNPIKE AND PASSENGER RAILWAY COMPANIES. 257.

tioner or petitioners, County or City, or against the corporation, or
apportion the costs in its discretion; provided, however, that the con-
firmation of the inquisition shall not he delayed more than fifteen days
by the filing of any motion to quash or for a jury trial by the corpora-
tion, unless such corporation shall give a bond to be approved by the
Court conditioned for the refunding of all tolls collected after the
expiration of ten days from the return of inquisition, if the same be
affirmed, after such motion or trial by jury.

At any time during the progress of these proceedings the corpora-
tion against which said petition is filed, may show to the Court in
which such petition is filed, by affidavit or otherwise, that the defects
complained of in such petition have been remedied, and if said Court
be satisfied, either by affidavits, the testimony of witnesses or by the
return of a commission of three free-holders appointed by said Court,
that the defects complained of in such petition have been repaired and
remedied, then said petition shall be dismissed with costs, in the dis-
cretion of the Court as aforesaid.

Either the petitioners or the corporation against which said petition
is filed have the right to appeal to the Court of Appeals of Maryland
from any final order of such judge or Court.

The provisions of this section shall not apply to Frederick County.

See notes to this section (as it stood in 1011) in volume 1 of the Anno-
tated Code.

Water Companies.

398.

As to condemnation, see article 33A.

Condemnation of Property by Corporations.

399.

As to condemnation, see article 33A.

405.

As to condemnation, see article 33A.

Foreign Corporations.

412.

This section is practically section 409 of article 23 of the Code of 1904
with the additional provision for controversies between foreign corpora-
tions and residents of Maryland. This section does not repeal or modify
section 67 of chapter 240 of the acts of 1908—see section 92 of this article.
Hagerstown Brewing Co. v. Gates, 117 Md. 353.

Public Service Commission.

413.

The public service commission law is not invalid under article 8 of the
Declaration of Rights directing that the legislative, executive and judicial
powers of the government shall be kept separate, nor is it open to the
objection that it makes no provision for an appeal to the courts from an
order of the commission—see sections 457 and 459. Telephone companies
are subject to the operation of the public service commission law—see sec-
tion 453. The purpose of the public service commission law is to place all
corporations handling public utilities under the supervision and control

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