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Procedure
to review
rulings, etc.,

of commission
by the court.

Costs.

Preference

over other civil proceedings,

except election

cases.

Enforcement of orders

by the court.

Act, how construed.

Repeal.

Proviso.

whether the terms of the order are accepted and will be obeyed. Every order of the commission shall take effect at a time therein specified and shall continue in force either for a period which may be designated therein or until changed or abrogated by the commission.

SECTION 27. The supreme judicial court shall have jurisdiction in equity to review, annul, modify or amend any rulings or orders of the commission which are unlawful to the extent only of such unlawfulness. The procedure before the said court shall be that prescribed by its rules, which shall state upon what terms the enforcement of the order shall be stayed. The attorney for any party petitioning the supreme judicial court hereunder shall file with the clerk of the court a certificate that he is of opinion that there is such probable ground for the appeal as to make it a fit subject for judicial inquiry, and that it is not intended for delay; and double costs shall be assessed by the court upon any such party whose petition shall appear to the court not to be a fit subject for judicial inquiry or shall appear to be intended for delay. The burden of proof shall be upon the party adverse to the commission to show that its order is invalid. Any proceeding in any court of this commonwealth directly affecting an order of the commission or to which the commission is a party shall have preference over all other civil proceedings pending in such court, except election cases.

SECTION 28. The supreme judicial court shall have jurisdiction upon the application of the commission to enforce all valid orders of the commission and all the provisions of this act. Whenever the commission shall be of opinion that a common carrier subject to its supervision is failing or omitting or about to fail or omit to do anything required of it by law or by order of the commission, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of the law or of any order of the commission, it shall direct counsel to the commission to begin, subject to the supervision of the attorneygeneral, an action or proceeding in the supreme judicial court in the name of the commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions.

SECTION 29. This act shall be deemed and construed as a remedial act and in enlargement and extension of all previous acts and existing laws conferring upon or vesting in the commission any jurisdiction, powers or discretion with respect to any subject or matter treated in this act. Except as above provided all acts and parts of acts inconsistent with any provision of this act, and all acts and parts of acts which would in any way limit or prevent the exercise to the fullest extent of any of the jurisdiction, powers, authority or discretion delegated herein to the commission are hereby repealed: provided, that nothing herein contained shall be construed to repeal, directly or by implication, the provisions of chapter five hun

dred of the acts of the year eighteen hundred and ninety-seven, or to authorize the commission to make any order or take any action inconsistent with the provisions of said act or with any rights which have been acquired by any common carrier under any statute prior to the passage of this act.

effect.

SECTION 30. So much of section one of this act as provides Time of taking for the appointment of additional members of the commission and for the designation of the respective terms of office of the commissioners shall take effect upon its passage, and, otherwise, this act shall take effect on the first day of July next.

INDEX TO PUBLIC SERVICE COMMISSION

LAW.

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For indexes to the general railroad, railway, telephone and telegraph laws of the Common-
wealth, see end of this volume.

A.

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AGREEMENTS.

forms of, affecting rates. See RATES.

AMENDMENT.

of rulings of commission by supreme judicial

court,

procedure,

AMOUNT.

of bonds. See BONDS.

of capital stock. See CAPITAL STOCK.

of evidences of indebtedness.

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See INDEBT-

AUTHORITY.

EDNESS, EVIDENCES OF.

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