386.520. Writ of review--bond--payment of excess charges of rates--additional bond.
Writ of review--bond--payment of excess charges of rates--additionalbond.
386.520. 1. The pendency of a writ of review shall not ofitself stay or suspend the operation of the order or decision ofthe commission, but during the pendency of such writ, the circuitcourt in its discretion may stay or suspend, in whole or in part,the operation of the commission's order or decision. No order sostaying or suspending an order or decision of the commissionshall be made by any circuit court otherwise than on three days'notice and after hearing, and if the order or decision of thecommission is suspended the same shall contain a specific findingbased upon evidence submitted to the court and identified byreference thereto, that great or irreparable damage wouldotherwise result to the petitioner and specifying the nature ofthe damage. In case the order or decision of the commission isstayed or suspended, the order or judgment of the court shall notbecome effective until a suspending bond shall first have beenexecuted and filed with, and approved by, the circuit court,payable to the state of Missouri, and sufficient in amount andsecurity to secure the prompt payment, by the party petitioningfor the review, of all damages caused by the delay in theenforcement of the order or decision of the commission, and ofall moneys which any person or corporation may be compelled topay, pending the review proceedings, for transportation,transmission, product, commodity or service in excess of thecharges fixed by the order or decision of the commission, in casesuch order or decision is sustained.
2. The circuit court, in case it stays or suspends the orderor decision of the commission in any manner affecting rates,fares, tolls, rentals, charges or classifications, shall also byorder direct the corporation, person or public utility affectedto pay into court, from time to time, there to be impounded untilthe final decision of the case, or into some bank or trustcompany paying interest on deposits, under such conditions as thecourt may prescribe, all sums of money which it may collect fromany corporation or person in excess of the sum such corporationor person would have been compelled to pay if the order ordecision of the commission had not been stayed or suspended.
3. In case any circuit court stays or suspends any order ordecision of the commission lowering any rate, fare, toll, rental,charge or classification, upon the execution and approval of saidsuspending bond, shall forthwith require the corporation, personor public utility affected, under penalty of the immediateenforcement of the order or decision of the commission, pendingthe review and notwithstanding the suspending order, to keep suchaccounts, verified by oath, as may, in the judgment of the court,suffice to show the amounts being charged or received by suchcorporation, person or public utility, pending the review, inexcess of the charges allowed by the order or decision of thecommission, together with the names and addresses of thecorporations and persons to whom overcharges will be refundablein case the charges made by the corporation, person or publicutility, pending the review, be not sustained by the circuitcourt; provided, that street railroad corporations shall not berequired to keep a record of the names and addresses of suchpersons paying such overcharge of fares, but such street railroadcorporations shall give to such persons printed receipts showingsuch overcharges of fares, the form of such printed receipts tobe approved by the commission.
4. The court may, from time to time, require said partypetitioning for a review to give additional security on, or toincrease, the said suspending bond, whenever in the opinion ofthe court the same may be necessary to secure the prompt paymentof said damages or said overcharges.
5. Upon the decision of the circuit court, all moneys whichthe corporation, person or public utility may have collectedpending the appeal, in excess of those authorized by suchdecision, together with interest, in case the court ordered thedeposit of such moneys in a bank or trust company, shall bepromptly paid to the corporations or persons entitled thereto, insuch manner and through such methods of distribution as may beprescribed by the court, unless an appeal be granted suchcorporation, person or public utility, as herein provided.
(RSMo 1939 § 5691, A. 1949 H.B. 2099)Prior revisions: 1929 § 5235; 1919 § 10523
CROSS REFERENCE:
Unclaimed deposits in court to escheat to state, Chap. 470, RSMo
(1951) Subsections 2, 3 and 5 of this section apply only in cases wherein an order reducing rates is under review. State ex. rel. Kansas City v. P.S.C., 362 Mo. 786, 244 S.W.2d 110.