CORPORATIONS. 835

In construing and enforcing the provision of this sub-title relating to
forfeitures and penalties, the act of any director, officer or other person
acting for or employed by any common carrier, railroad corporation, street
railroad corporation or other corporation subject to this sub-title, acting
within the scope of his official duties or employment, shall be in every case
and be deemed to be the act of such common carrier or corporation or
person.

An action to recover a penalty or a forfeiture under this sub-title 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 to the commission. In any such action all penalties
and forfeitures incurred up to the time of commencing the same may be
sued for and recovered therein and the commencement of the. action to
recover a penalty of or 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 a
suit, action or proceeding in the courts to set aside such order, the court
shall remit the penalties or forfeitures incurred during the 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 of the moneys recovered (exclusive of costs), which shall be-
paid to the mayor and city council of Baltimore.

A petition filed by the Public Service Commission under this section held good
on demurrer. Where the owner of a truck hires it to B for the purpose of transport-
ing such persons as the latter designates, he is a common carrier and must secure
a permit from the Public Service Commission. Towers v. Wildason, 135 Md. 677,
distinguished. Goldsworthy v. Public Service Comm., 141 Md. 676.

Bill for injunction filed under this section, properly dismissed—see notes to sec.
346. Towers v. Wildason, 135 Md. 682.

This section referred to in construing sec. 365—see notes thereto. Smith v. North-
ern Central Ry. Co., 119 Md. 484.
See notes to secs. 381 and 404.

An. Code, sec. 441. 1910, ch. 180, sec. 29 (p. 373).

384. The commission may investigate freight rates on interstate traffic
of common carriers within the State, and when such rates are, in the opinion
of the commission, excessive or discriminatory, or are levied or laid in
violation of the interstate commerce law, or in conflict with the ruling,
orders or regulations of the interstate commerce commission, the commis-
sion may apply by petition to the interstate commerce commission for
relief, or may present to the interstate commerce commission all facts com-
ing to its knowledge, as to violation of the rulings, order or regulations
of that commission, or as violations of the interstate commerce law.
See secs. 210, 265, 271, 364 and 373.

An. Code, sec. 442. 1910, ch. 180, sec. 30 (p. 373).

385. The commission shall, whenever it may deem it desirable to do
so, investigate and ascertain the fair value of property of any corporation
subject to the provisions of this sub-title and used by it for the convenience