clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 969   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

CORPORATIONS 969

do anything required of it by law, or by order of the commission, or is doing
anything, or about to do anything, or permitting anything or about to per-
mit anything to be done, contrary to or in violation of law or of any order
of this commission, it shall direct the general counsel to the commission to
commence an action or proceeding before one of the judges of the supreme
bench of Baltimore City or in the circuit court of the county in which such
corporation has its principal place of business, or carries on its business in
the name of the commission, for the purpose of having such violations or
threatened violations stopped and prevented, either by mandamus or injunc-
tion. Counsel to the commission shall thereupon begin such action or pro-
ceeding by a petition to and in any of the said courts, as the case may
require, alleging the violation or threatened violation complained of, and
praying for appropriate relief by way of mandamus or injunction. It shall
thereupon be the duty of the court to specify the time not exceeding twenty
days after service of the petition, within which the common carrier, rail-
road corporation or street railroad corporation complained of must answer
the petition. In case of default in answer, or after answer, the court shall
immediately inquire into the facts and circumstances in such manner as
the court may direct, without other or formal pleadings, and without respect
to any technical requirement. Such other persons or corporations as the
court shall deem necessary or proper to join as parties in order to make
its order, judgment or writs effective, may be joined as parties upon appli-
cation of counsel to the commission. The final judgment in any such action
or proceeding shall either dismiss the action or proceedings or direct that a
writ of mandamus or an injunction issue, as prayed for in the petition or
in such modified or other forms as the court may determine will afford the
appropriate relief.

Any corporation, other than a common carrier, which shall violate any
provision of this sub-title, or shall fail to 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, shall forfeit to the State of
Maryland a sum not exceeding one thousand dollars for each and every
offense; every such violation shall be a separate and distinct offense, and
the penalty or forfeiture thereof shall be recovered in an action as pro-
vided in this section.

Every person who, either individually or acting as an officer or agent of
a corporation or person, other than a common carrier, railroad corporation
or street railroad corporation, shall violate any provision of this sub-title,
or fail to obey, observe or comply with any order made by the commission
under this sub-title, so long as the same shall be or remain in force, or
who shall procure or aid or abet any such corporation or person in a viola-
tion of this sub-title, or in a failure to obey, observe or comply with any
such order, shall be guilty of a misdemeanor.

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


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 969   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives