When Order Not Modified. Appeal to the To be Heard at Pending Term. If the original order shall not be rescinded or changed by the Commission, judgment shall be rendered upon such original order. The testimony taken before the Commission must be before the Court in order that the Court may decide whether the evidence is different from or additional to that offered upon the hearing before the Commission and it is no objection that some of the evidence is such as would not be received in the trial of a civil action. N. Cent. Ry, vs. Laird et al.-Daily Record, April 2, 1913-Cir. Ct. No. 2 of Balto. City. Ibid. Sec. 459. 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. Burden of Ibid. Sec. 460. 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 herein to the Commission, the burden of proof shall be upon the party adverse to such Commission, or seeking to set aside any determination, re quirement, direction or order of said Commission, to show by clear and satisfactory evidence that the determination, requirement, direction or order of the Commission complained of is unreasonable or unlawful, as the case may be. Ibid. Sec. 461. Evidence. SEC. 47. And be it further enacted, That in all actions Process. and proceedings in court arising under this Act, all Rules of processes shall be served and the practice and rules of evidence shall be the same as in civil actions, except as otherwise herein provided. Every sheriff or other officer empowered to execute civil processes shall execute any process issued under the provisions of this Act, and shall receive such compensation therefor as may be prescribed by law for similar services. See Section 10 supra. Ibid. Sec. 462. Excused Because Evidence May Tend to Incriminate. SEC. 48. And be it further enacted, That no person Witness Not shall be excused from testifying or from producing books, accounts and papers in any proceeding based upon or growing out of the provisions of this Act on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him may tend to incriminate him or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he But No Prosemay have testified or produced any documentary evidence; provided, that no person so testifying shall be cution, Except for Perjury. Substantial Right to Enter Audit of Commis sion's Accounts. exempted from prosecution or punishment for perjury in so testifying. See Section 10 supra. SUBSTANTIAL COMPLIANCE SUFFICIENT. Ibid. Sec. 463. SEC. 49. And be it further enacted, That a substantial compliance with the requirements of this Act shall be sufficient to give effect to all rules, orders, acts and regulations of the Commission, and they shall not be declared inoperative, illegal or void, for any omission of a technical nature in respect thereto. POWER TO ENTER PREMISES. SEC. 50. And be it further enacted, That the Commission, its agents, experts and inspectors shall have power to enter upon any premises occupied by any corporation to which the provisions of this Act or any of them are applicable, for the purpose of making the examinations, inspections, valuations and tests contemplated as provided for in this Act, and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor for the purpose of said examinations, inspections and tests. COMMISSION'S ACCOUNTS AUDITED BIENNIALLY. Ibid. Sec. 465. SEC. 51. And be it further enacted, That it shall be the duty of the State Auditor to make biennial examina tions and audits, comprehensive and thorough in character, of all the receipts, expenditures, costs, expenses and pecuniary or fiscal affairs or concerns of the said Public Service Commission, to render and furnish to the Governor, the Comptroller and the Treasurer, respectively, a full and detailed report of each of said biennial examinations and audits, the first of said biennial reports to be delivered to said officials, respectively, upon the first day of January, and the second of said reports to be delivered to said officials upon the first day of July of each and every year ensuing the passage of this Act. MISCELLANEOUS. Ibid. Sec. 466. Powers. SEC. 52. And be it further enacted, That the Public Implied Service Commission hereby created shall have, in addition to the powers herein specified, mentioned or indicated, all additional, implied and incidental powers, which may be proper and necessary to effectually carry out, perform and execute all the said powers herein specified, mentioned or indicated. Acts 1912, Ch. 427. Company Reorganized After Judicial Sale. SEC. 52A. That nothing whatever contained in Sec- Securities of tions 27 and 34 of the Public Service Commission Law shall be taken or construed to deny to the said Public Service Commission power or authority which is hereby expressly granted (a) to approve the issuance of stocks, bonds, evidences of indebtedness or securities in connection with the organization of a new corporation by any purchaser or purchasers of the franchises or property of any corporation subject to the provisions of the Public by Purchasers of Corporation Sold Under Judicial Proceedings. Service Commission Law sold under any judicial pro Capitalization ceeding or mortgage or deed of trust to such an amount and in such character as may appear to said Commission necessary, reasonable, equitable or proper to fully protect the rights, interests and equities of the holders of stocks, bonds, evidences of indebtedness or other securities of the corporation, whose franchises and property have been so sold under any judicial proceedings or mortgage or deed of trust; and (b) to permit the capitalization of the tangible and intangible property and assets, other than the franchise to be a corporation, of any corporation either newly chartered or organized by any purchaser or purchasers of the franchises and property of any corporation sold under judicial proceedings, or mortgage or deed of trust, in such amount or in such manner and form as may be made to appear to said Commission reasonably necessary or proper to enable such corporation to procure the necessary capital, services or other requisites for constructing, equipping, developing, maintaining and operating its property, works, plants, facilities and connections for the establishment of its business as a going concern. Act Not Ap- Where a corporation, applying for approval of capitalization, may, under its charter, conduct a variety of businesses which do not fall under the jurisdiction of the Commission, all the Commissioners can do is to authorize the capitalization to the extent and only to the extent, that the plant and operations of the applicant fall within the Commission's jurisdiction. In re Terminal Freezing, etc., Company, 3 Pub. Serv. Comm. Reps. 192. Code 1912, Art. 23, Sec. 467. SEC. 53. And be it further enacted, That the provisions of this Act shall apply to services or utilities ren |