Слике страница
PDF
ePub

§ 358.

§ 359.

§ 360.

§ 361.

§ 362.

§ 363. § 364.

Provisions of Code of Civil Procedure as to Writs of Review Govern.

Jurisdiction on.

Mandamus to Commission on.

Suspension of Commission's Order-None Pending Review.
Stay by Supreme Court, Notice.

Stay Effective When Bond Filed, Only.

Stay Granted-Money to be Paid into Court and Impounded-Deposit at Interest.

§ 365. Stay Granted-Act to be Kept Under Oath, Condition of— Penalty for Failure.

§ 366.

§ 367.

§ 368.

§ 369.

§ 370.

§ 371.

§ 372.

§ 373.

§ 374.

§ 375.

§ 376.

§ 377.

§ 378.

§ 379.

§ 380.

§ 381.

§ 382. §383.

8384.

§ 385. § 386.

387.

§ 388.

Additional Securities may be Required.
Disposition of Moneys on Final Decision.

Moneys not Claimed-Advertisement.

Final Disposition of Moneys not Claimed.

Court Proceedings-Preferences.

Physical Valuation-Hearings for.

Thirty Days' Notice in Writing-Conditions of.
Who Entitled to Appear at and Put in Evidence.
Scope of Inquiry-Evidence.

Findings of Fact in Writing to be Filed.
Findings of Fact Subject to Review.

Findings of Commission Admissible as Evidence.
Further Hearings from Time to Time.

Further Hearing shall be on Written Notice.
Findings at Supplemental Hearings-Considered with
Original Finding.

Excessive or Discriminatory Charge-Reparation.

Failure to Comply with Order of Reparation-Action.
Complaints Concerning and Petition in Action-Limita-

tion.

Remedy Provided is Cumulative.

Commission shall Enforce Laws-Action in Name of People.
Attorney General and District Attorney to Aid.

Public Utilities Liable for Damages-Who Entitled to Damages.
Jurisdiction of Action-Who may Bring.

Recovery by Individuals, etc., not to Affect Right of State to Penalties.

Effect of Act-Right of State to Penalties, etc., not Affected.
Penalties Provided Cumulative.

Summary Proceedings-Injunction to Prevent Violation of
Order, etc.

[blocks in formation]

Attorney of Commission to Proceed in Superior Court.
Court to Fix Hearing-Copy of Petition to be Served.
Procedure in Case of Default.

Joinder of Parties-Discretion of Court.

§ 399. Penalties for Violation by Public Utilities.

§ 400.

§ 401.

Each Day's Continuance a Separate Offense.
Construction-Act on Omission of Officer, etc.

402. Penalties for Violation by Officers, etc.-Misdemeanor.

403. Penalties for Violation by Corporations Other Than Public

404. § 405.

§ 406.

§ 407.

§ 408.

§ 409.

§ 410.

§ 411.

Utilities.

Penalties for Violations by Persons Other Than Officers, etc.
Suit to Recover Penalties-Jurisdiction.

Brought and Prosecuted by Whom.

What may be Recovered-Procedure and Evidence.
Disposition of Penalties and Costs Recovered.
Compromise or Discontinuance of Action.

Contempt Proceedings-Punishment.

Remedy Cumulative and not a Bar to Other Remedies Prescribed.

§ 284. Rule for Hearings-Rules of Evidence.-All hearings and investigations before the Commission or any commissioner shall be governed by this act and by rules of practice and procedure to be adopted by the Commission, and in the conduct thereof neither the Commission nor any commissioner shall be bound by the technical rules of evidence.1

§ 285.

Informalities not to Prejudice.—No informality in any proceeding or in the manner of taking testimony before the Commission or any commissioner shall invalidate any order, decision, rule or regulation made, approved or confirmed by the Commission.2

§ 286. Process-Power to Issue.-The Commission and each commissioner shall have power to issue writs of summons, subpoenas, warrants of attachment, warrants of commitment and all necessary process in proceedings for contempt, in the like manner and to the same extent as courts of record."

1 Extraordinary Session 1911, c. 14, § 53, p. 48.

8 Section 54, p. 48.

§ 287. Extends to All Parts of State-Service of. The process issued by the Commission, or any commissioner, shall extend to all parts of the state and may be served by any person authorized to serve process of courts of record, or by any person designated for that purpose by the Commission or a commissioner.

§ 288. Compensation for Serving.-The person executing any such process shall receive such compensation as may be allowed by the Commission, not to exceed the fees now prescribed by law for similar services, and such fees shall be paid in the same manner as provided herein for payment of the fees of witnesses."

§ 289. Witnesses - Documents and Papers.-The Commission and each commissioner shall have power to administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state."

§ 290. Fees and Mileage-By Whom Paid.— Each witness who shall appear, by order of the Commission or a commissioner, shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed.'

§ 291.

Subpoenaed by Commission-Payment of Fees and Mileage.-When any witness who has not

4 Ib.

5 Ib.

• Section 55 (a), p. 49.

been required to attend at the request of any party shall be subpoenaed by the Commission, his fees and mileage shall be paid from the funds appropriated for the use of the Commission in the same manner as other expenses of the Commission are paid.

§ 292. May Demand Fees and Mileage-Exceptions. Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the Commission, may, at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear, and one day's attendance."

§ 293.

Fees Demanded not Paid-Witness Need not Attend.-If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he shall not be required to attend before the Commission or commissioner, as directed in the subpoena.10

§ 294.

Fees may be Collected by Suit.-All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action therefor instituted by the person to whom such fees are payable."

§ 295.

Traveling on Free Transportation not to Receive Mileage.-No witness furnished with free transportation shall receive mileage for the distance he may have traveled on such free transportation.12

§ 296.

Court may Compel Attendance of, With Books and Papers.-The superior court in and

8 Ib.

• Ib.

10 Ib.

11 Ib.

for the county, or city and county, in which any inquiry, investigation, hearing or proceeding may be held by the Commission or any commissioner shall have the power to compel the attendance of witnesses, the giving of testimony and the production of papers, including waybills, books, accounts and documents, as required by any subpoena issued by the Commission or any commissioner.18

§ 297. -Refusal to Attend, etc.-Report to Court, Conditions of.-The Commission or the commissioner before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the superior court in and for the county, or city and county, in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witness, or the production of said papers, and that the witness has been summoned in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by the subpoena, before the Commission or commissioner, in the cause or proceeding named in the notice and subpoena, or has refused to answer questions propounded to him in the course of such proceeding, and ask an order of said court, compelling the witness to attend and testify or produce said papers before the Commission.1

§ 298. Order of Court That Witness Appear -Service of Copy.-The court, upon the petition of the Commission or such commissioner, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such

13 Section 55 (b), p. 49.

« ПретходнаНастави »