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PUBLIC SERVICE COMMISSIONS LAW

LAWS 1910, CHAP. 480

AN ACT in relation to public service commissions, constituting chapter forty-eight of the consolidated laws.

Became a law June 14, 1910, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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PUBLIC SERVICE COMMISSIONS LAW

CHAPTER 48 OF THE CONSOLIDATED LAWS

Article I. Public service commissions; general provisions (§§ 1-24).

II. Provisions relating to railroads, street railroads and common carriers (§§ 25-40).

III. Provisions relating to the powers of the commissions in respect to railroads, street railroads and common carriers (S$ 45-59).

IV. Provisions relating to gas and electric corporations; regulation of price of gas and electricity (§§ 64-77).

IV-a. Provisions relating to steam corporations; regulat-
ing price of steam (§§ 78-89-a). (Added by L.
1913, ch. 505.)

V. Provisions relating to telegraph and telephone lines
and to telephone and telegraph corporations
(S$ 90-103). (Added by L. 1910, ch. 673.)
VI. Commissions and offices abolished; saving clause;
repeal (§§ 120-127). (Thus renumbered by L.
1910, ch. 673.)

ARTICLE 1

PUBLIC SERVICE COMMISSIONS; GENERAL PROVISIONS

Section 1. Short title.

2. Definitions.

3. Public service districts.

4. Commissions established; appointment; removal;
terms of office.

5. Jurisdiction of commissions.
6. Counsel to the commissions.

7. Secretary to the commissions.

8. Additional officers and employees.

9. Oath of office; eligibility of commissioners and officers.

10. Offices of commissions; meetings; official seal; stationery, etc.

11. Quorum; powers of a commissioner.

12. Counsel to the commission; duties.

13. Salaries and expenses.

14. Payment of salaries and expenses.

15. Certain acts prohibited.

16. Reports of commissions.

§§ 1, 2

General Provisions

L. 1910, ch. 480

Section 17. Certified copies of papers filed to be evidence.

18. Fees to be charged and collected by the commissions. 19. Attendance of witnesses and their fees.

20. Practice before the commissions; immunity of wit

nesses.

21. Court proceedings; preferences.

22. Rehearing before commission.

23. Service and effect of orders; stay.

24. Actions to recover penalties or forfeitures.

§ 1. Short title. This chapter shall be known as the "Public Service Commissions Law," and shall apply to the public services herein described and to the commissions hereby created.

This section was derived from L. 1907, ch. 429, § 1. See Introductory Note, supra.

§ 2. Definitions. 1. The term "commission," when used in this chapter, means either public service commission hereby created, which by the terms of this chapter is vested with the power or charged with the duty in question.

2. The term " commissioner," when used in this chapter, means one of the members of such commission.

3. The term "corporation," when used in this chapter, includes a corporation, company, association and joint-stock association. 4. The word "person," when used in this chapter, includes an individual, and a firm or copartnership.

5. The term "street railroad," when used in this chapter, includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for compensation, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place in any city, village or town, and including all equipment, switches, spurs, tracks, right of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind used, operated or owned by or in connection with any such street railroad; but the said term "street railroad," when used in this chapter, shall not include a railroad constituting or used as part of a trunk line railroad system.

6. The term "railroad," when used in this chapter, includes every railroad, other than a street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations and terminal facilities of every kind used, operated or owned by or in connection with any such railroad.

7. The term "street railroad corporation," when used in this chapter, includes every corporation, company, association, jointstock association, partnership and person, their lessees, trustees

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or receivers appointed by any court whatsoever, owning, operating or managing any street railroad or any cars or other equipment used thereon or in connection therewith.

8. The term "railroad corporation," when used in this chapter, includes every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing any railroad or any cars or other equipment used thereon or in connection therewith.

9. The term " common carrier," when used in this chapter, includes all railroad corporations, street railroad corporations, express companies, car companies, sleeping-car companies, freight companies, freight-line companies, baggage companies, transfer companies, carriers by water, and every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing any such agency for public use in the conveyance of persons or property within this state; but the said term common carrier, when used in this chapter, shall not include an express company, baggage company or transfer company unless the same is operated wholly or in part upon or in connection with a railroad or street railroad. Nor shall the said term common carrier, when used in this chapter, be deemed to include a municipally owned ferry nor a ferry company operating under a lease from a city nor a carrier by water except where such carrier by water is engaged or may be required to be engaged with a carrier or carriers by railroad in the transportation of passengers or property over a through route partly by water and partly by railroad for a continuous carriage or shipment between points in this state.

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Amended to read as above by L. 1913, ch. 344, § 1, and L. 1917, ch. 805, § 1. The amendment by L. 1913, ch. 344, § 1, added the words "baggage companies and transfer companies," and baggage company and transfer company." The amendment by L. 1917, ch. 805, § 1, added the words " carrier by water" and also added the last sentence of the section.

9-a. The term "baggage company "shall apply to those companies engaged under contract or agreement with a railroad company or street railroad company in the checking of baggage, or in the collection and delivery of baggage between railroad stations, or between railroad stations and hotels, residences, business places or steamer docks; and the term "transfer company" shall apply to companies engaged under contract or agreement with a railroad company or street railroad company in the transfer of passengers or property between railroad stations, or between railroad stations. and hotels, residences, business places or steamer docks.

Added by L. 1913, ch. 344, § 2.

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