MISCELLANEOUS BILLS. 383

tricity 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 und not
within the allegations contained therein.

FORFEITURE FOR NON-COMPLIANCE WITH ORDER OF COMMISSION.

SEC. 38. And be it further enacted, Thai every gas corpora-
tion and electrical corporation and the officers, agents or em-
ployees thereof shall obey, observe and comply with every order
made by the Commission under authority of this Act, so long
as the same shall be and remain in force. Any such corpora-
tion, or any officer, agent or employee thereof, who, knowingly,
fails or neglects to obey or comply with such order, or any
provision of this Act, 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 tins Act shall
be a separate and distinct offense, and in. ease of a continuing
violation each day shall be deemed a separate offense. An ac-
tion 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 com-
mencing the same may be sued for and recovered therein, and
the commencement of an action to recover a penalty of for-
feiture shall not be, or be held to be, o 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 tlie 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 Beach of Baltimore City or
in one of the Circuit Courts of the counties, in the name of the