850 ARTICLE 23.
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 refriger-
ating 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 com-
panies, their service, charges, property, plant, franchises and management,
and shall have full application thereto.
A public service corporation may not be required to extend its branch into terri-
tory that it has not attempted to serve when public revenues therefrom are not
sufficient to pay interest on the cost of extension and the maintenance of service,
and where company has not the money to pay for the extension and is unable to
sell its bonds for that purpose. Order of commission held unreasonable. Public
Serv. Com. v. Brooklyn, etc., Water Co., 122 Md. 619.
See notes to sec. 346.
1922, ch. 181.
403. Whenever the Commission shall be requested in writing by any
county or municipal corporation of this State to fix or alter the rates that
shall be charged for water supplied to persons or corporations within its
county or municipal boundaries by any other county or municipal corpora-
tion, the Commission shall have as full jurisdiction and power to pass an
order fixing or altering such rates as if the county or municipal corporation
supplying such water outside its county or municipal boundaries were a
" Water Company," as defined by this sub-title. Nothing contained in this
section shall be construed to give said Commission jurisdiction to order
or compel extension of water service by such county or municipal corpora-
tion supplying water outside its county or municipal boundaries. And this
section shall not apply to Allegany County.
An. Code, sec. 457. 1910, ch. 180, sec. 43 (p. 388).
404. Any corporation subject to this sub-title, or any of the provisions
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, practices, 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.
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