Michigan Compiled Laws
Act 300 of 1909 - Railroads (462.2 - 462.50)
Section 462.27 - Process; Practice and Evidence; Incriminating Testimony; Perjury; Immunity; Orders as Evidence.

Sec. 27.
(a) In all actions and proceedings in court arising under this act all such process shall be served and the practice and rules of evidence shall be the same as in actions in equity, except as otherwise herein provided. Every sheriff or other officer empowered to execute civil process 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;
(b) No person shall be excused from testifying or from producing books and papers in any proceedings based upon or growing out of any violation of the provisions of this act on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of 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 may have testified or produced any documentary evidence: Provided, That no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying: Provided further, The immunity hereby conferred shall extend only to a natural person who, in obedience to a subpoena, gives testimony under oath, or produces evidence documentary or otherwise under oath;
(c) Upon application of any person the commission shall furnish certified copies, under seal of the commission and signed by the commission or its secretary, of any order made by it, which shall be prima facie evidence in any court or proceedings of the facts stated therein.
History: 1909, Act 300, Eff. Sept. 1, 1909 ;-- CL 1915, 8135 ;-- CL 1929, 11043 ;-- CL 1948, 462.27

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 462 - Railroads

Act 300 of 1909 - Railroads (462.2 - 462.50)

Section 462.2 - Michigan Railroad Commission; Qualifications and Duties of Commissioners; Removal; Pecuniary Interest Prohibited; Oath; Compensation and Expenses; Chairperson; Meetings; Quorum; Vacancy; Investigations, Inquiries, and Hearings; Employ...

Section 462.2a - Applicability of Act.

Section 462.3 - Definitions; Scope.

Section 462.4 - Common Carrier; Duty to Serve; Rates; Through Routes; Rates; Joint Rates.

Section 462.5 - Free Transportation; Penalty; Freight; Tickets.

Section 462.6 - Switch Connection With Private Side Track; Order of Commission; Rules; Spur Track; Payment of Cost and Expenses; Disagreement.

Section 462.7 - Interchange of Traffic; Preferred Freight; Routing by Shippers or Initial Carrier; Steam Railroads and Interurban and Suburban Railroads; Drawing Cars and Merchandise of Connecting Lines; Local Traffic; Intrastate Traffic.

Section 462.8 - Railroads to Furnish Cars; Shortage, Preference, Regulation by Commission; Demurrage.

Section 462.9 - Charges for Longer and Shorter Hauls; Governing Rate.

Section 462.10 - Schedule of Rates; Filing With Commission; Public Inspection; Rate Change; Joint Tariff; Form of Schedules; Filing and Publication of Rates Required; Complaints; Military Traffic.

Section 462.11 - Special Contract Rates.

Section 462.12 - Freight Classification.

Section 462.13 - Maintenance of Depot Facilities; Joint Maintenance by Connecting Railroads; Discontinuance of Passenger Service; Approval of Commission; Appeal of Order of Commission.

Section 462.14 - Sidetracks, Spurs and Branches; Control by Commission; Abandonment or Removal, Procedure.

Section 462.15 - Continuous Carriage of Freight; Unlawful Acts.

Section 462.16 - Rate Discrimination Unlawful; Compensation for Incidental Service.

Section 462.17 - Traffic Discrimination Unlawful.

Section 462.18 - Receiving Rebate or Discrimination; Penalty.

Section 462.19 - Civil Liability.

Section 462.20 - Failure to Report Unlawful.

Section 462.21 - Fees; Disposition.

Section 462.22 - Rate Investigation on Complaint; Hearing, Order for Change in Schedules; Separate Hearings; Dismissal; Rate Investigation on Motion of Commission; Order; Complaint by Common Carrier; Through Rates; Joint Rates.

Section 462.23 - Commissioners; Powers; Issuance of Subpoena by Court; Witness Fees; Depositions; Record of Proceedings.

Section 462.24 - Orders of Commission; Rescission or Amendment.

Section 462.25 - Rates; Classification and Regulations Prescribed by Commission to Be Prima Facie Lawful; Express Companies.

Section 462.26 - Appeal to Court of Appeals; Injunction; Equitable Powers; Preliminary Injunction; Additional Evidence; Judgment on Amended Order or Original Order; Appeal to Circuit Court; Burden of Proof.

Section 462.27 - Process; Practice and Evidence; Incriminating Testimony; Perjury; Immunity; Orders as Evidence.

Section 462.28 - Common Carriers; Authority of Commission; Blanks; Inspection; Order to Produce Books; Penalty.

Section 462.29 - Common Carriers; Contracts and Free Transportation Lists; Annual Free Transportation List.

Section 462.30 - Common Carriers; Annual Statement, Contents, Time; Blanks; Additional Information; Earnings and Income, Report.

Section 462.31 - Freight Tariffs; Filing.

Section 462.32 - Unreasonable Rate or Practice; Regulation by Commission.

Section 462.33 - Accidents; Report; Investigation, Expense.

Section 462.34 - Equipment and Structures; Inspection; Notice of Repairs; Orders as to Rate of Speed and Use of Defective Equipment; Penalties, Forfeitures.

Section 462.35 - Rules Regarding Maximum Speed Limits; Order; Effective Date of Speed Limit.

Section 462.36 - Equipment and Structures; Authority of Commission.

Section 462.37 - Equipment and Structures; Hearing Prior to Order.

Section 462.38 - Equipment and Structures; Refusal to Obey Order; Penalty.

Section 462.39 - Fences; Inspection, Construction.

Section 462.40 - Bill of Lading; Liability of Carrier; Statements of Charges.

Section 462.41 - Violations; Investigation; Enforcement of Act.

Section 462.42 - Investigation of Claims.

Section 462.43 - Liability for Violations; Penalty.

Section 462.44 - Police Powers Vested in Commission.

Section 462.45 - Substantial Compliance.

Section 462.46 - Rights of Action; Penalties Cumulative.

Section 462.47 - Mandamus; Injunction; Civil Remedies.

Section 462.48 - Record of Proceedings; Report to Governor, Contents, Publication.

Section 462.49 - Powers, Duties and Privileges Transferred to Commission; Saving Clause.

Section 462.50 - Legislation; Hearing on Changes; Recommendations.