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Session Laws, 1910 Session
Volume 487, Page 388   View pdf image (33K)
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388 LAWS OF MARYLAND.

to quality, price and facilities furnished, the fixing of just and
reasonable prices, services and facilities, forfeitures and penal-
ties of all descriptions, summary proceedings, proceedings be-
fore said Commission and proceedings in any Court mentioned
in this Act, and any and all other sections, paragraphs, provi-
sions and parts of this Act 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 refrigerating corporations, and to
power companies or corporations, and to their respective serv-
ice and charges and to their property, plant, franchises and
management, are hereby mads applicable to such corporations
and companies, their service, charges, property, plant, fran-
chises and management, and shall have full application thereto.

PROCEDURE IN THE COURTS.

SEC. 43. And be it further enacted, That any corporation
subject to this Act, or any of the provisions of this Act, 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, prac-
tices, 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 pur-
pose, 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 com-
plaint, 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.

Every proceeding, action or suit to set aside, vacate or amend
any determination or order of the Commission, or to enjoin
the enforcement thereof or to prevent in any way such order or
determination from becoming effective, shall be commenced,
and every appeal to the courts or right or recourse to the courts
shall be taken or exercised within sixty days after the entry
or rendition of such' order or determination, and the right to


 

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Session Laws, 1910 Session
Volume 487, Page 388   View pdf image (33K)
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