MISCELLANEOUS BILLS. 389

commence any such action, proceeding or suit, or to take or
exercise any such appeal or right of recourse to the courts,
shall terminate absolutely at the end of such sixty days after
such entry or rendition thereof.

No injunction shall issue suspending or staying any order of
the Commission, except upon application to one of the Judges
of the Supreme Bench of Baltimore City, or to the Circuit
Court of one of the counties, and upon notice to the Commis-
sion and after hearing.

SEC. 44. And be it further enacted, That if, upon the trial of
such action, evidence shall be introduced by the plaintiff
which is found by the court to be different from that offered
upon the hearing before the Commission, or any Commis-
sioner, or additional thereto, the Court, before proceeding to
render judgment, unless the parties to such action stipulate in
writing to the contrary, shall transmit a copy of such evidence
to the Commission and shall stay further proceedings in said
action for fifteen days from the date of such transmission.

Upon the receipt of such evidence the Commission shall con-
sider the same and may alter, modify, amend or rescind its
order relating to such rate, or rates, tolls, charges, schedules,
joint rate or rates, regulations, practice, act or service com-
plained of in said action, and shall report its action thereon
to said Court within ten days from the receipt of such evidence.

If the Commission shall rescind its order complained of, the
action shall be dismissed; if it shall alter, modify or amend
the same, such altered, modified or amended order shall take
the place of the original order complained of, and judgment
shall be rendered thereon as though made by the Commission
in the first instance.

If the original order shall not be rescinded or changed by
the Commission, judgment shall be rendered upon such original
order.

SEC. 45. And be it further enacted, That either party to said
action, within twenty days after service of a copy of the order
or judgment of any Court of Baltimore city or of the Circuit
Court of any county, may appeal to the Court of Appeals of
Maryland. Where an appeal is taken the cause shall, on the
return of the record of the proceedings to the Court of Appeals
of Maryland, be immediately placed on the docket of the then
pending term of the Court of Appeals, and shall be assigned
and brought to a hearing in the same manner as other causes
on the docket.

SEC. 46. And be it further enacted, That in all trials, actions
and proceedings arising under the provisions of this Act, or
growing out of the exercise of the authority and powers granted