CORPORATIONS. 845
An. Code, sec. 451. 1910, ch. 180, sec. 37 (p. 382).
396. Before proceeding tinder a complaint presented as provided in
this sub-title, the commission shall cause notice of such complaint, and
the purpose thereof, to be served upon the person or corporation affected
thereby. Such person or corporation shall have an opportunity to be heard
in respect to the matters complained of at a time and place to be specified
in such notice. If an investigation be instituted upon motion of the com-
mission the person or corporation affected by the investigation may be
permitted to appear before the commission at a time and place specified
in the notice and answer all charges which may be preferred by the com-
mission. After a hearing and after such investigations as may have been
made by the commission or its officers, agents, examiners or inspectors, the
commission within lawful limits may, by order, fix the maximum price,
according to law, of gas and electricity to be charged by such corporation
or person, or may order such improvement in the manufacture or supply
of such gas, in the manufacture, transmission or supply of such electricity,
or in the methods employed by such person or corporation as will, in its
judgment, justly and lawfully improve the service. The price so fixed by
the commission shall be the maximum price to be charged by such person
or corporation for gas or electricity in such municipality or county until
the commission shall, upon complaint, as provided in this section, or by
the corporation interested, or upon its application for a new adjustment of
rates or upon an investigation conducted by the commission on its own
motion, again fix the maximum price according to law of such gas or
electricity. In determining the price to be charged for gas or electricity
the commission may consider all facts which, in its judgment, have any
bearing upon a proper determination of the question, although not set forth
in the complaint and not within the allegations contained therein.
An. Code, sec. 452. 1910, ch. 180, sec. 38 (p. 383).
397. Every gas corporation and electrical corporation and the officers,
agents or employees thereof shall obey, observe and comply with every
order made by the commission under authority of this sub-title, so long as
the same shall be and remain in force. Any such corporation, or any officer,
agent or employee thereof, who, knowingly, 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 penalties 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
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