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Session Laws, 1941
Volume 582, Page 1672   View pdf image (33K)
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1672 LAWS OF MARYLAND. [CH. 907

provisions of this Section and to take appropriate action for
the enforcement thereof, including proceedings for injunc-
tions against violation thereof, instigated in the name of the
Commission and upon its own motion; provided that these
powers and remedies shall be in addition "to all other remedies
provided herein or that may exist under general provisions or
rules of law.

(e) Any filing corporation may institute proceedings to en-
join any violations of this Section in the Circuit Court for any
county where said filing corporation may have its principal
place of business or where any such violations are alleged to
take place, or to be threatened, and such proceedings may be
on the relation of the Attorney General or the State's At-
torney of any County in which any portion of the proposed
collective system of said filing corporation may be located. It
shall be the duty of said officers to prosecute and to assist in
the prosecution of said proceedings. For the enforcement of
this Section the said Circuit Court, or the Circuit Judge in
vacation, may exercise all the powers now or hereafter exist-
ing under the laws of this State in proceedings for injunctive
relief, including temporary restraining orders. In any pro-
ceedings instituted by the Commission on its own motion or by
petition signed by the Attorney General or any State's At-
torney, as herein provided, no bond shall be required as a
condition of the issuance of any restraining order or injunc-
tion.

(f) In any proceeding for the enforcement of this Section
a certified copy of the statement mentioned in Subsection (a)
hereof shall be admitted in evidence and shall be presumed to
be prima facie proof of the verity and accuracy of all state-
ments therein required by the provisions of said Subsection
(a) and the burden of proof shall be upon any defendant in
any such proceeding to rebut said presumption by a clear
preponderance of the evidence.

(g) During the periods of six and twelve months respec-
tively as provided in Subsections (a) and (b) hereof, no per-
son, firm, association or corporation shall have the right to
require any electric utility or electric light and power com-
pany to supply electric energy within the area or areas indi-
cated upon said maps within which the filing corporation pro-
poses to operate and no action shall be brought or maintained
in any court for damages for failure to supply such electric
energy within said periods of six and twelve months respec-
tively or within a reasonable time thereafter; provided that
the provisions of this Section shall not be deemed to apply to
any valid and enforceable contracts in writing for electric
service subsisting at the time of receipt by any party to such

 

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Session Laws, 1941
Volume 582, Page 1672   View pdf image (33K)   << PREVIOUS  NEXT >>


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