980 ARTICLE 23

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
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 the suit, or proceeding in the courts to set aside such order, the
court shall remit the penalties or forfeitures incurred during 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 thereof, which shall be paid to the mayor and city council of
Baltimore.

Whenever the commission shall be of the opinion that a gas corporation
or electrical corporation is failing or omitting, or about to fail or omit, to
do anything required of it by law or by order of the commission, or is
doing anything or about to do anything or about to permit anything to be
done, contrary to or in violation of law or of any order of the commission, it
shall direct counsel to the commission to commence an action or proceeding
before one of the judges of the supreme bench of Baltimore City or in one
of the circuit courts of the counties, in the name of the commission, for the
purpose of having such violation stopped and prevented either by man-
damus or injunction. Counsel to the commission shall thereupon begin
such action or proceeding by a petition in any of said courts, as the case
may require, alleging the violation or the 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 a copy of the petition, within which the gas
corporation or electrical corporation complained of must answer the peti-
tion. In case of default in answer or after answer, the court shall immedi-
ately inquire into the facts and circumstances in such manner as the
court shall direct, without other or formal pleadings, and without respect
to any technical requirement. Such other persons or corporations as it shall
seem to the court 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 proceeding, or direct that
a writ of mandamus or an injunction issue as prayed for in the petition, or
in such modified or other form as the court may determine will afford the
appropriate relief.

If it be alleged and established in an action brought, in any court for the
collection of any charge for gas or electricity, that a price has been de-
manded in excess of that fixed by the commission, or by law in the munici-
pality or county wherein the action arose, no recovery shall be had therein,
but the fact that such excessive charges have been made shall be a com-
plete defense to such action.

See notes to secs. 397 and 403.