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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 853   View pdf image (33K)
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MILK CONTROL. 853

Commission and the original papers or transcripts thereof, and a certified
transcript of all evidence adduced upon the hearing before the Commission
in the proceedings complained, of which shall be filed in the Court. On
notice by such applicant, licensee or permit holder deeming himself so
aggrieved, the Commission shall stay the operation of any order for such
time, not to exceed five days, as may permit such applicant, permit holder,
or licensee to perfect his proceeding in error. No proceeding to reverse,
vacate or modify a final order rendered by the Commission other than an
order revoking a license or permit shall operate to stay the execution or
effect thereof unless the court, or a judge thereof in vacation, on applica-
tion and three days' notice to the Commission, shall allow such stay, in
which event the appellant shall be required to execute a bond, payable to
the State of Maryland, in such sums as the court may prescribe, with
surety to the satisfaction of the court, conditioned for the prompt pay-
ment by the appellant of all damages arising from or caused by the delay
in the effectiveness or enforcement of the order complained of. Any such
proceeding to reverse, vacate or modify an order rendered by the Com-
mission revoking the license of any milk dealer or permit of any producer
shall operate to stay the execution or effect thereof, but the court or a
judge thereof in vacation, on application and three days' notice to such
milk dealer or producer may require, as a condition of such stay, that such
milk dealer or producer execute a bond payable to the State of Maryland,
in such sums as the court may prescribe with surety to the satisfaction of
the court conditioned for the prompt payment by the appellant of all
damages arising from, or caused by the delay in the effectiveness or en-
forcement of the order complained of.

No court other than the Circuit Court of Baltimore City or the Circuit
Court for the counties sitting in Equity, in the proceedings herein men-
tioned shall have the power to review, suspend or delay any order made
by the Commission, with respect to the granting of a license or permit or
the refusal to grant a license or permit the granting of a conditioned and
limited license or permit or the suspension or revocation of a license or
permit, or enjoin, restrain or interfere with the Commission or any mem-
ber thereof, in the performance of official duties with respect thereto. The
judgment or findings of such courts in any proceeding herein mentioned
may be appealed to the Court of Appeals of Maryland in the manner pro-
vided by law for appeals from said courts in cases originating before the-
Public Service Commission.

1935, ch. 310, sec. 9.

9. In determining the reasonableness of prices to be paid or charged
in any market or markets for any grade, quantity or class of milk, the
Commission shall be guided by the costs of production, including com-
pliance with all sanitary regulations in force in such market or markets,
the supply of milk in such market or markets, necessary operating, pro-
cessing, manufacturing, storage, transportation and delivery charges, the
fair return on invested capital, the prices of other foods, and the welfare


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 853   View pdf image (33K)
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