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2012-05-22 Application filed by PRIMO MEDICAL GROUP, INC. filed Critical PRIMO MEDICAL GROUP, INC.
An access portal is provided including a housing, a body defining a fluid reservoir, and a septum enclosing the fluid reservoir. A stem in fluid communication with the fluid reservoir extends from the fluid reservoir. The access portal also includes a reservoir insert disposed within the fluid reservoir, in which the reservoir insert decreases the fluid fill volume of the reservoir.
This application is a continuation application under 37 CFR §1.53(b) of U.S. patent application Ser. No. 12/902,839 filed Oct. 12, 2010, now U.S. Pat. No. 8,182,453 which is a continuation of U.S. patent application Ser. No. 10/931,890 filed Sep. 1, 2004, now U.S. Pat. No. 7,811,266, which is a continuation-in-part of U.S. application Ser. No. 10/890,909, filed on Jul. 13, 2004, the entire disclosures of which are incorporated herein by reference.
The present disclosure is generally directed at subcutaneously implantable vascular access portals. More specifically, the present disclosure is directed at vascular access portals having a reduced internal fluid fill volume.
Direct access to the vascular system is a quick and effective way to administer a variety of drug therapies, provide nutrition, and/or sample blood. Currently, regular access to the vascular system is gained by using a device specifically designed for this task. Several types or families of these devices exist in the market today. Among them are needles, catheters and a group of devices known as implanted access portals.
Vascular access has evolved through the years to improve treatment of a number of chronic and non-chronic diseases. Needles have been used for many years to inject vaccines and antibiotics or withdraw blood. Although still widely used today, needles have several limitations that do not allow them to be used with all therapies. In the early 1970's the use of vascular access catheters was perfected. Vascular access catheters allowed long term antibiotic, chemo, and nutritional therapies to be administered without having to change the access device. Additionally, vascular access catheters made it possible to introduce a medicament into a large enough vessel to allow the hemo-dilution required for some of the more toxic therapeutic drugs. This type of catheter provides a significant improvement over needles for long-term access, however, the external segment of such catheters may be prone to infection and requires constant maintenance. The latest development in vascular access is the implanted access portal, or ports. These portals eliminate the need for an external segment and therefore do not have the drawbacks of catheters.
Although considered new technology in the field of vascular access, implanted access portals have existed in the market for over 20 years. Use of these products has increased dramatically during this period because they are generally the device of choice for long-term vascular access. They are particularly suited for long-term use because the entire device is implanted under the skin. Implantability is one factor in the success of the implantable access portals because it allows the patient to perform ordinary daily tasks such as bathing and swimming without worrying about harming an external segment of an access device or increasing the chance of infection. Thus the quality of life for the patient is improved and the clinician is presented with fewer device related complications.
Typically implanted access portals consist of a housing, a self-sealing septum, and an attachable or pre-connected catheter. Portal housings can be made of a variety of materials including plastic, metal, or a combination of both. The self-sealing septum is generally made of an elastomer such as silicone. Catheters are also generally made of a highly flexible material such as silicone or polyurethane. Different materials are used to manufacture the components to achieve certain desired characteristics in the portal (i.e. plastic is not radiopaque, therefore the port will not show up on fluoroscopy).
Implanted access portals are also designed in such a way that their size (height and footprint), shape, and number of lumens are appropriate for the intended use. Number of lumens can be critical if a patient requires simultaneous infusion of incompatible solutions or isolation of blood sampling. As concurrent therapies become more popular the need for a wider variety of dual-lumen ports has increased.
During the life cycle of an implanted infusion portal a variety of complications can arise that may limit its functionality or render it useless altogether. Among these complications is “sludge buildup” or unwanted buildup of precipitate in the portal reservoir. This buildup is generally caused by improper or inadequate flushing of the portal. Typically portals are cleared or flushed immediately after aspiration or infusion. Routine flushing or maintenance is also performed when a portal is used infrequently or not at all. Flushing usually consists of injecting saline solution or saline solution containing an anti-coagulant, such as Heparin, through the reservoir and out the catheter into the vascular system. Generally the instructions for use will specify the volume of fluid and frequency required for proper maintenance.
FIG. 13 is a perspective view of the open-ring reservoir insert illustrated in FIG. 12.
The present disclosure is directed at an implantable vascular access portal, herein also referred to as a port. Particularly, according to one aspect this disclosure is directed at an access port that may reduce the accumulation of precipitates, etc. within the port. According to another aspect, an access port may be provided having improved flushing efficiency. According to another aspect, the disclosed port may be designed to enhance flow of a fluid passing between the portal and an outlet.
Turning to FIGS. 1 and 2, an exemplary access portal 10 consistent with the present disclosure is illustrated. As shown, the access portal 10 may generally include a housing 2, a body portion 12, a stem 16 and a septum 18. The housing 2 may define an opening 4 on a top surface thereof. The opening 4 in the housing 2 may permit access to a reservoir 14 defined in the body portion 12. The reservoir may be enclosed by the septum 18. The septum 18 may be disposed over the reservoir 14 between the body portion 12, and the housing 2.
The housing 2 may be constructed of any suitable biocompatible material, including polymeric materials, metallic materials, and ceramics. For example, the housing may conveniently be injection molded from a polymeric material and may generally define the overall profile and geometry of the access portal 10. The housing 2 may include a rounded or angled margin around the opening 4 to urge a needle downward toward the septum 18 and reservoir 14 covered thereby. This feature may reduce errant entry of needles within the septum 18.
The housing 2 may be assembled to the body 12 using a variety of techniques. As illustrated in FIG. 2, the housing 2 and the body 12 may include cooperating snap-fit features (not shown) or press-fit features. Accordingly, the housing 2 and body 12 may snap or press together. In addition, or as an alternative, to press or snap-fit assembly, the housing 2 and body 12 may be adhesively bonded together or welded, etc.
The body 12 may be formed from any suitable biocompatible material. Exemplary materials may include polymeric materials, stainless steel, titanium, ceramic, etc. The body 12 may also be formed from more than one material. For example, the body 12 may include a biocompatible polymer having a stainless steel, titanium, or ceramic insert defining at least a portion of the reservoir 14.
The stem 16 may provide an outlet from the reservoir 14, allowing fluids to be delivered to a predetermined location in the body. In a similar manner, the stem 16 may allow fluids to be delivered from a predetermined location in the body to the reservoir 14, e.g., to permit aspiration. Generally, delivery of fluids between the access port 10 and a predetermined location in the body may be accomplished, for example, by transporting the fluid through a catheter (not shown). It should be understood that a catheter may be implanted in the body of a patient extending between the portal site and the predetermined location in the body of the patient. Accordingly, the stem 16 may be configured to be received in a lumen of a catheter. The distal end of the stem 16 may include a tapered lead in 30. The distal end of the stem 16 may also include a bullet 32 or a barb for retaining a catheter to the stem 16.
The septum 18 generally encloses the reservoir 14, thereby retaining contents of the reservoir 14. Additionally, the septum 18 may permit the reservoir 14 to be accessed, e.g., transcutaneously using a hypodermic needle. Access to the reservoir 14 may permit the delivery of fluids to, or extraction of fluids from, the portal 10. Consistent with the function of providing access to the portal 10, the septum 18 may be formed from a needle penetrable material that is self sealing. Exemplary septum materials may include biocompatible elastomers, such as silicone, polyurethane, etc.
Consistent with one embodiment, the septum 18 may be compressed against the body 12 by the housing 2 sufficiently to seal the septum 18 to the body 12 around the perimeter of the reservoir 14. Accordingly, the need for adhesives or sealants between the septum 18 and body portion 12 may be avoided. However, adhesives or sealants may be used between the septum 18 and the body portion 12 consistent with the present disclosure.
In plan view, the reservoir 14 of the exemplary access portal 10 may be provided having a generally circular shape, as shown in FIG. 4. The illustrated circular shape is merely exemplary, however. The reservoir 14 may be provided having various other shapes, such as an oval. The reservoir 14 may generally be defined by a sidewall 20 and a bottom 22. As shown the side wall 20 and the bottom 22 may meet in a radiused junction 24. The radiused junction 24 may reduce hang-up or stagnation of fluid passing into or out of the reservoir 14.
The reservoir 14 may include an outlet passage 26 extending from the reservoir 14 and in communication with the stem 16. The outlet passage 26 may extend from the reservoir 14 at an angle relative to the sidewall 20. As best seen in FIG. 4, in the illustrated exemplary embodiment the outlet passage 26 may extend from the reservoir 14 to provide a generally tangential outlet passage. The angled outlet passage 26 may facilitate ingress and egress of fluids into and out of the reservoir 14 through the passage 26 by providing a smooth passage and minimizing hang-up that may be associated with hard corners. Also as shown, a rounded transition 28 may be provided between the passage 26 and the reservoir 14. The rounded transition 28 between the reservoir 14 and the passage 26 may facilitate smooth flow between the reservoir 14 and passage 26 without the occurrence of hang-up along the flow path. The combination of the angled passage 26 and the rounded transition 28 may, therefore, reduce the occurrence of hang-up and/or dead spots, i.e., regions that are not readily cleared by the flow of fluid through the access portal, adjacent the passage 26. While the passage 26 of the illustrated embodiment is shown as a generally linear extension, it should be understood that the passage 26 may be an arcuate extension.
The radiused junction 24 between the sidewall 20 and bottom 22 of the reservoir may provide a smooth transition for fluid moving in the reservoir 14. The radiused junction 24 may also reduce hang-up of fluid, i.e., localized stagnation of fluid. The combination of the angled orientation of the outlet passage 26 and the rounded junction 28 between the passage 26 and the reservoir 14, as well as the radiused junction 24 between the sidewall 20 and bottom 22 of the reservoir 14, may all work together to reduce hang-ups and/or regions of stagnation within the access portal 10 may produce a number of effects.
Various fluids that may be infused or aspirated using an access portal may produce a precipitate or a residue if they are allowed to stagnate. As one example, any blood that becomes hung-up in the access portal 10, or is otherwise allowed to stagnate may coagulate inside the reservoir 14. The radiused junction 24 between the bottom 22 and sidewall 20 of the reservoir 14, as well as the angled arrangement of the outlet passage 26 and the rounded transition 28 into the passage 26 may generally reduce turbulent flow of fluids entering or exiting the reservoir. Additionally, at least some of these aspects of the exemplary port may also reduce the hang-up of fluids or stagnant regions within the reservoir 14. Reducing turbulence in fluids entering and/or exiting the reservoir 14 and reducing hang-up or stagnant regions may facilitate efficient clearing of fluids from the reservoir 14 and flushing of the reservoir 14. Accordingly, the accumulation of precipitates in the access portal 10 may also be reduced.
Flushing an access portal 10 may include introducing a flushing fluid into the reservoir 14 of the access portal 10. The flushing fluid introduced into the reservoir 14 may displace any fluid, and/or any solid matter, e.g., precipitate, initially in the reservoir out of the access portal 10. The displaced fluid may pass from the access portal 10 into the vascular system of the patient. During flushing, the flushing fluid may also mix with the fluid initially in the reservoir 14. Because of the mixing between the flushing fluid and the fluid initially in the reservoir 14, it may be necessary to flush the portal 10 with a quantity of flushing fluid equal up to several times the volume of the portal 10.
According to another aspect, the disclosure is directed at an access port 10 that provides improved flushing efficiency by reducing the fluid fill volume, e.g., free volume. As used in any embodiment herein, the fluid fill volume of the access portal is the volume of fluid that may be contained in the portal. Consistent with the exemplary embodiment, the fluid fill volume of the reservoir 14 may be reduced without reducing the depth of needle penetration or the area of the reservoir 14 that may receive a needle.
Turning to FIG. 4, the illustrated exemplary portal 10 includes five spherical volume reduction members 34 a-34 e disposed in the reservoir 14. The volume reduction members 34 a-34 e may act to reduce the fluid fill volume of the reservoir 14. The volume reduction members 34 a-34 e may be retained in the reservoir 14 by the septum (not shown in FIG. 4). Additionally, as shown the volume reduction members 34 a-34 e may be sized and/or shaped to prevent the volume reduction members 34 a-34 e from obstructing the outlet passage 26. The volume reduction members 34 a-34 e may be formed from any suitable material, including glass, plastic, stainless steel, titanium, ceramic, etc. According to one embodiment, the volume reduction members 34 a-34 e may be formed from a hard material that is not prone to producing debris when subjected to needle strikes.
In the illustrated embodiment the volume reduction members 34 a-34 e are disclosed having a spherical shape. It should be understood, however, that the spherical shape is not essential. The volume reduction members 34 a-e may be provided in various other shapes. For example, the volume reduction members 34 a-e may be prismatic bodies, cylinders, egg shaped, etc. Similarly, while the exemplary access portal 10 includes five volume reduction members 34 a-34 e any number of members may be used to provide a reduction in the fluid fill volume of the access portal. The volume reduction members 34 a-e may generally define a central region 123. The central region 123 may extend unobstructed from the base of the fluid reservoir 14 to the septum 18.
Consistent with one embodiment, in addition to reducing the fluid fill volume of the reservoir 14, it may also be desirable to minimize the surface area of contact by a fluid in the reservoir 14. As used herein, the surface area of contact by a fluid is the total surface area of the portal 10 and components thereof contacted by a fluid within the reservoir 14. The surface area of contact by a fluid may include the surface area of the reservoir and the surface area of any volume reduction members disposed within the reservoir 14. According to one aspect, reducing the surface area of contact by a fluid may facilitate flushing by reducing the surface area within the reservoir to which a fluid may adhere, build-up on, or otherwise resist removal from. For example, blood within the reservoir 14 of the access portal 10 may stick to or coat the interior surface of the reservoir 14 and the outer surface of any volume reducing members 34 a-34 e disposed within the reservoir 14. Accordingly, the volume of fluid required to adequately flush the portal 10 may increase with an increase in the surface area of contact by a fluid in order to remove the fluid from any surfaces within the reservoir contacted by the fluid.
Consistent with the foregoing aspect, an embodiment of an access portal 10 herein may be provided in which the collective surface area of the volume reduction members 34 a-34 e may be relatively small. As also discussed above, however, an embodiment of an access portal 10 herein may be provided in which the volume of the reservoir 14 is reduced. Accordingly, the collective volume to surface area ratio of all of the volume reduction members 34 a-34 e together may be relatively large. The collective volume to surface area ratio of spherical volume reduction members 34 a-34 e of the illustrated embodiment may be increased by increasing the size of each of the volume reduction members 34 a-34 e. In the case of the illustrated access portal 10 the minimum dimension of the reservoir 14 may be the height of the reservoir 14 between the bottom 22 of the reservoir and the underside of the septum 18. Therefore, the size of the volume reduction members 34 a-34 e may be increased by providing the volume reduction members 34 a-34 e having a diameter that is equal to, or just slightly less than, the height of the reservoir 14 between the bottom 22 and the underside of the septum 18. For example, the volume reduction members may have at least one dimension approximately equal to a distance between the base region of the fluid reservoir and the underside of the septum. In addition to providing the largest individual volume reduction members 34 a-34 e, may increase the volume to surface area ratio and may also provide the fewest volume reduction members 34 a-34 e.
According to one embodiment the volume reduction members 34 a-34 e may be movable within the reservoir 14. Consistent with this embodiment, the volume reduction members 34 a-34 e may be displaced under an applied load. For example, when the portal 10 is accessed by a needle inserted through the septum 18, the needle may strike one of the volume reduction members 34 a-34 e. If the volume reduction members 34 a-34 e are movable within the reservoir the volume reduction members 34 a-34 e may be displaced by the force of the needle. Accordingly, the depth of penetration of a needle accessing the portal is not restricted in the exemplary embodiment.
Allowing the volume reduction members 34 a-34 e to be moveable within the reservoir 14, so that volume reduction members 34 a-34 e may permit the access portal 10 to be access by a needle inserted through the septum 18, may not only require that the volume reduction members 34 a-34 e are not fixed to the reservoir 14 or to the septum 18, but may also require at least some spacing in between the volume reduction members 34 a-34 e. For example, referring to the embodiment shown in FIG. 4, volume reduction members 34 a-34 e may be positioned generally around the circumference of the reservoir 14, and the volume reduction members 34 a-34 e are at least slightly spaced apart. Accordingly, the volume reduction members 34 a-34 e may be displaced by the force of a needle inserted into the reservoir 14. In the illustrated embodiment, however, a volume reduction member is not disposed in the central portion of the reservoir 14. The circumferentially disposed volume reduction members 34 a-34 e may prevent a volume reduction member disposed in the central portion of the reservoir from moving under contact from a needle accessing portal 10. According to other embodiments, however, the number and/or size of the volume reduction members 34 a-34 e and/or the diameter of the reservoir 14 relative to the diameters of the volume reduction members 34 a-34 e may permit a centrally disposed volume reduction member to be employed.
Consistent with the foregoing, an embodiment of the present disclosure may provide volume reducing members having a relatively large cumulative volume and a relatively small cumulative surface area. Additionally, the volume reducing members may be provided having sufficient freedom of movement to allow the volume reducing members to move out of the way of a needle entering the reservoir. Consistent with such an embodiment, the volume reducing members may provide a reduction in the volume of the reservoir generally equal to, or less than, 40%. In further embodiments, the volume reducing members may provide a reservoir volume reduction in the range of between about 40% to about 20%.
According to another embodiment, the volume reduction members 34 a-34 e may be non-movable within the reservoir 14. According to such an embodiment, if a needle being inserted to access the portal 10 strikes one of the volume reduction members 34 a-34 e the needle may deflect around the object. For example, in the case of the exemplary spherical volume reduction members 34 a-34 e, a needle striking one of the volume reduction members 34 a-34 e the tip of the needle may slide along the arcuate surface of the volume reduction members 34 a-34 e, causing the needle to deflect around the volume reduction member 34 a-e. Deflecting around a volume reduction member 34 a-34 e within the reservoir 14 may involve changing the angle of attack of the needle, whereby the needle may extend into the reservoir into a space between the volume reduction members 34 a-34 e. Needle insertion may be facilitated by providing the non-movable volume reduction members 34 a-e having an angled or arcuate upper surface. For example, the volume reduction members 34 a-e may be provided as pyramids, cones, spheres, hemi-spheres, etc.
In a portal 10 having non-movable volume reduction members 34 a-e, the volume reduction members 34 a-e may be integrally formed with the body portion 12. For example, the volume reduction members 34 a-e may be formed as projections from the bottom 22 of the reservoir 14, from the sidewall 20 of the reservoir 14, or a combination of both. According to another embodiment, the non-movable volume reduction members 34 a-e may be separate components that are positioned in a non-movable condition within the reservoir.
Reducing the fluid fill volume of the reservoir consistent with this preceding disclosure may allow the portal reservoir to be cleared or flushed with less fluid. For example, a reservoir having a total volume of 1 ml achieves a ten times exchange from a flushing volume of 10 ml of saline. If the fluid fill volume of the reservoir is reduced to 0.5 ml, flushing the port with 10 ml of saline will achieve a twenty times exchange. Accordingly, by reducing the fluid fill volume of the reservoir, the port may be more thoroughly flushed without introducing a greater amount of fluid into the patient. Additionally, if the access portal is used for aspiration, a smaller fluid fill volume of the reservoir may allow less fluid to be drawn into the reservoir.
Turning next to FIG. 5, another embodiment of an access portal 100 providing efficient flushing is shown. The illustrated access portal 100 may generally include a body 102 defining a fluid reservoir 104 therein. The access portal 100 may also include a stem 106 in fluid communication with the fluid reservoir 104. As with the preceding embodiments, the access portal consistent with the embodiment illustrated in FIG. 5 may additionally include a housing member.
As with previously described embodiments, the various components of the access portal 100 may be produced from a variety of biocompatible materials including metallic materials, ceramic materials, polymeric materials, and combinations thereof. For example, the body 102 of the access portal 100 may be formed from a polymeric material and may include a metallic cup, liner, or bottom plate making up at least a portion of the reservoir 104, thereby reducing the production of debris resulting from needle strikes in the reservoir 104. Consistent with other embodiments, the entire body 102 of the access portal 100 may be formed from a polymeric material, either as a unitary construction or as an assembly of components. Various other materials and constructions may also suitably be employed for producing an access portal 100 consistent with the present disclosure.
As with previous embodiments, the fluid reservoir 104 of the access portal 100 may be configured having an open top to provide access to the reservoir 104. While not shown in the plan view illustration, the access portal 100 may additionally include a septum disposed over the fluid reservoir 104. The septum may restrict fluid passage to and from the reservoir 104 through the open top thereof, but may allow the reservoir 104 to be accessed, e.g., by a needle penetrating the septum.
The stem 106 may provide fluid communication between the fluid reservoir 104 and the exterior of the access portal 100, thereby allowing fluids to be delivered from the fluid reservoir 104 to a predetermined location in the body, or to be extracted from a predetermined location in the body through the fluid reservoir 104. A fluid passageway 108 may be provided extending from the fluid reservoir 104 and through the stem 106, thereby providing fluid communication from the fluid reservoir 104. As with previous embodiments, the stem 106 may be provided with a barbed or a bulbous end portion 110 to facilitate securing a catheter (not shown) to the stem 106. A catheter secured to the stem 106 may be implanted in the body of a patient extending from the access portal 100 to a predetermined location in the body of the patient. Accordingly, the catheter may allow fluid to be delivered to, or extracted from, such predetermined location in the body of a patient.
Consistent with the illustrated embodiment, the fluid reservoir 104 may be provided having a teardrop shape in plan view. That is, with reference to FIG. 5, the fluid reservoir 104 may be shaped having a generally arcuate contour that converges towards a single point on one side. Consistent with the illustrated embodiment, the fluid reservoir 104 may have an arcuate shape that converges toward a single point in the region of the fluid passageway 108 of the stem 106. Accordingly, fluid introduced into the fluid reservoir 104, e.g. through the septum by a needle, may be directed toward the fluid passageway 108 by the contour of the fluid reservoir 104. The continuous contour of the fluid reservoir 104 may have few, or no, hard angles or inside corners. The lack of hard angles may promote smooth transfer of fluid into and out of the reservoir 104, and may minimize the occurrence of hang-up. For example, fluid may pass between the fluid reservoir 104 and the fluid passageway 108 without becoming entrapped in regions that prevent clearing of the reservoir 104 and/or aspiration of fluids through the reservoir 104.
Consistent with a further aspect, the junction between the bottom of the fluid reservoir 104 and the sidewalls of the reservoir 104 may be rounded, thereby reducing any flow drag, or hang-ups. Similarly, the side of the septum facing the interior of the fluid reservoir 104 may include a contoured or rounded transition between the septum and the sidewalls of the fluid reservoir 104. The contour or rounded transition may also eliminate a hard corner between the septum and the sidewall of the reservoir 104. According to one embodiment, the fluid reservoir 104 may be tapered across the depth thereof and/or include a tapered region adjacent the fluid passageway 108 in communication with the reservoir 104. The tapering of the fluid reservoir 104 may generally provide a smooth transition between the reservoir 104 and the fluid passageway 108. Accordingly, the geometry of the fluid reservoir 104 and the transition between the fluid reservoir 104 and the fluid passageway 108 may be configured to minimize or eliminate any features that may cause hang-up and/or may be optimized to reduce or eliminate any causes of turbulent flow between the fluid reservoir 104 and the fluid passageway 108.
In addition to including a reservoir 104 having a geometry that may reduce or eliminate hang-up and turbulent flow, the access portal 100 may also include one or more volume reducing members disposed within the reservoir 104. Accordingly, in addition to eliminating impediments to smooth flow into and out of the reservoir 104, the access portal may also provide a reduced internal volume. The one or more volume reducing members may be configured and arranged in a manner as described with reference to the preceding embodiments.
Turning to FIGS. 6 through 9, another embodiment of an access portal 200 is shown. As with previous embodiments, the access portal 200 may generally include a housing 202 that may include an opening providing access to a fluid reservoir 204. The housing 202 may additionally have one or more suture holes 206, 208. The fluid reservoir 204 may include a volume reducing reservoir insert 212. The access portal 200 may additionally include a stem 210 in fluid communication with the reservoir 204.
Referring to the exploded view of the access portal 200 in FIG. 7, the housing 202 may be configured to at least partially surround a body member 214. The body member 214 may define the reservoir 204 which is accessible through the opening in the housing 202. A septum 216 may be disposed between the housing 202 and the body 214. When the access portal 200 is in an assembled condition the septum 216 may be disposed over and may seal a top portion of the reservoir 204.
Consistent with the previously described embodiments, the housing 202 may generally be configured to provide the access portal 200 with a contoured outer profile. The contoured profile provided by the housing 202 may improve the comfort of the access portal 200 when it is implanted into a patient. Additionally, the contoured profile may also aid in positioning the access portal 200 in a desired location within a patient through a minimally sized incision. The housing 202 may be manufactured from any suitable biocompatible material, including polymeric materials, metallic materials, ceramic materials, combinations thereof, etc.
The septum 216 may permit the reservoir to be accessed by a needle. Accordingly, the septum 216 may be a needle penetrable biocompatible material. The septum 216 may also be adapted to seal the upper opening of the reservoir 204. According to specific embodiments, the septum 216 may be a self sealing elastomeric and/or low durometer material such as silicone.
As with previous embodiments, the stem 210 may include a lumen in fluid communication with the reservoir 204. Additionally, the stem 210 may include a barb, or similar feature, adjacent the distal end of the stem 210. The barb may allow a catheter to be secured to the stem 210 for communicating fluid between the reservoir 204 and a predetermined location in the body of a patient.
Consistent with the illustrated embodiment, the access portal 200 may include a volume reducing reservoir insert 212. The reservoir insert 212 may reduce the fluid fill volume of the reservoir 204, similar to the previously discussed volume reducing members. Consistent with this aspect of the disclosure, reservoir insert 212 may be configured to reduce the fluid fill volume of the reservoir 204 between about 5% to about 95%, as well as any values therebetween. According to one embodiment, the reservoir insert 212 may reduce the fluid fill volume of the reservoir 204 by between about 20% to about 80%. According to a further embodiment, the reservoir insert 212 may reduce the fluid fill volume of the reservoir 204 by between about 20% to about 40%. As mentioned previously, the reservoir insert 212 may be configured to reduce the fluid fill volume of the reservoir 204 by any desired amount within the disclosed ranges.
With reference to FIGS. 10 and 11, the illustrated reservoir insert 212 may include a ring member having a plurality of protuberances 218-228 linked by webs 230-240. In the illustrated embodiment at least a portion of the protuberances 218-228 have a generally conical shape. The top portion of the generally conical protuberances 218-228 may be radiused, as shown, flat, or pointed. Additionally, the bottoms of the protuberances 218-228 may be arcuate, for example, hemi-spherical. Alternatively, the bottom could be flat. Such an arcuate bottom, while not necessary, may reduce the occurrence of material, such as precipitate, becoming trapped between the protuberances 218-228 and the floor of the reservoir 204. This aspect is not, however, critical within the context of the present disclosure.
The conical shape of the protuberances 218-228 may allow a needle entering the reservoir 204 through the septum 216 to slide along or around the protuberances 218-228 without become blocked or damaged. Entrance of a needle into the reservoir 204 may also be facilitated by providing the reservoir insert 212 in a movable condition within the reservoir 204. Movement of the reservoir insert 212 may be achieved through translation and/or through rotation. If the reservoir insert 212 is contacted by a needle entering the reservoir 204 the reservoir insert 212 may move to one side of the reservoir 204, thereby allowing entrance of the needle. Additionally, or alternatively, if the reservoir insert 212 is contacted by a needle entering the reservoir 204 the reservoir insert 212 may rotate out of the path of the needle to allow the needle to access the reservoir 204. Rotation of the reservoir insert 212 may be achieved even if the reservoir insert 212 is not sized to permit translation of the reservoir insert 212 within the reservoir.
Movement of the reservoir insert 212 may also be facilitated by minimizing friction between the reservoir insert 212 and the reservoir 204. As a further aspect of providing the protuberances 218-228 having an arcuate bottom, the contact area between the protuberances 218-228 and the floor of the reservoir 204 may be reduced, thereby reducing the friction between the reservoir insert 212 and the reservoir 204. This is not, however, a limiting criteria of the present disclosure.
Other embodiments of the reservoir insert 212 may be provided having different configurations. For example, protuberances on the reservoir insert 212 may have shapes other than conical. The protuberances may be provided as spheres, prisms of various geometries, polyhedrons, as well as various other regular and irregular solids. Furthermore, the present disclosure contemplates embodiments of the reservoir insert 212 that do not include protuberances. According to one embodiment, the reservoir insert 212 may be provided as a toroid. Toroidal reservoir inserts 212 may have any variety of cross-sectional geometries including, but not limited to, circular, polygonal, irregular geometries, etc.
In still another embodiment, the reservoir insert 212 may be configured as a network of linked members. For example, as a further development of the illustrated embodiment, a conical member may be disposed generally within the center of the ring of conical protuberances 218-228. The generally centrally disposed conical member may be linked to one or more of the conical protuberances 218-228 by a web that may generally resemble to the webs 230-240 connecting the ring of conical protuberances 218-228 of the reservoir insert ring member. A reservoir insert 212 according to this embodiment may be sized to translate within the reservoir 204 when contacted by a needle entering the reservoir through the septum 216. Accordingly, even the centrally disposed conical member may be displaced to permit access to the reservoir by a needle. In an alternative embodiment, however, the reservoir insert 212 may be configured only to rotate within the reservoir 204 in response to a needle contacting the reservoir insert 212. According to one such embodiment, if the needle contacts the centrally disposed conical member the needle may be deflected by the tapered profile of the centrally disposed conical member. While the foregoing description of this embodiment relates to a ring-shaped reservoir insert 212 having a centrally disposed member, the reservoir insert 212 may merely be configured as a network of members linked together, for example by a web of material extending between adjacent members, wherein at least a portion of the members may translate and/or rotate together within the reservoir 204.
According to yet another embodiment the reservoir insert 212 may include a combination of a ring/linked members and free members. For example, relating back to the illustrated embodiment of FIGS. 6 through 11, a reservoir insert 212 may be provided including a ring of linked conical protuberances 218-228. The reservoir insert 212 may additionally include a centrally disposed member that is separate from the linked protuberances 218-228. For example, a conical or spherical member may be centrally disposed within the ring of linked protuberances 218, 228. The centrally disposed member may be movable within the ring member of linked protuberances 218-228 and/or may act against and move with the ring of linked protuberances 218-228. This embodiment may differ from the previous embodiment in that the generally centrally disposed member may not be linked to the ring member.
Consistent with the foregoing description, in an embodiment in which the reservoir insert 212 includes a plurality of members, at least a portion of the members may be coupled to one another. In the case of the illustrated embodiment, the reservoir insert 212 may be configured as a ring member including a plurality of conical protuberances 218-228 that are coupled to one another by the webs 230-240. The exemplary configuration may be achieved by providing the reservoir insert 212 as a single unitary structure. For example, the conical protuberances 218-228 and the webs 230-240 may be integral components making up the ring member.
In an alternative embodiment, the conical protuberances 218-228 may be formed as separate conical members or components. The separate conical members may then be connected to one another to form the reservoir insert 212. Consistent with such an embodiment, the conical members may be mounted on a ring, or otherwise coupled together to form a generally ring shaped configuration. Accordingly, in an assembled condition, the conical members may become protuberances on a ring member. In one such embodiment, the members may be movably disposed on the ring. For example, the members may be slidably disposed on the ring such that the members may slide along the circumference of the ring. The preceding principles may also be applied to embodiments having differing configurations consistent with the present disclosure. For example, the geometry of the protuberances or members and the configuration of the ring, e.g., as a not circular member or a partial ring, may be susceptible to variation and modification.
As used in any embodiment herein ring or ring shaped may include an open ring or a partial ring. Turning to FIGS. 12 and 13, consistent with the present disclosure, a reservoir insert 300 may be provided that is configured as an open ring or partial ring. Consistent with the illustrated embodiment, the open ring reservoir insert 300 may include a plurality of protuberances 302-312. At least a portion of the protuberances 302-312 may be connected by webs 314-322 extending between adjacent protuberances 302-312. Consistent with the aspect of an open or partial ring, at least two adjacent protuberances 312 and 302, in the case of the illustrated embodiment, may not be connected to one another by a web. The reservoir insert 300 may, therefore, be provided having an open or partial ring configuration.
As shown in the illustrated embodiment of FIGS. 12 and 13, the protuberances 302-312 may be generally conical members and may have a generally circular cross-section in the plan view of FIG. 12. As shown in FIG. 13, similar to the reservoir insert 212 of FIGS. 7, 9, and 10, the protuberances 302-312 of the open ring reservoir insert 300 may have a generally rounded apex, rather than a point. Similarly, the protuberances 302-312 may be formed having an arcuate base. According to various alternative embodiments, conical protuberances 302-312 herein may be provided having a flat base and/or a pointed apex. Furthermore, the protuberances 302-312 may be provided having geometries other than conical. For example, the protuberances may be spherical, oval, polygonal, have an irregular shape, etc. Accordingly, the shape of the protuberance should not be considered limiting on any embodiment herein.
Consistent with still further embodiments, an open or partial ring reservoir insert may be provided that does not include any protuberances. According to one such embodiment, the open or partial ring reservoir insert may be provided having a uniform cross-sectional geometry. However, in other embodiments an open or partial ring reservoir may be provided having a varying cross-sectional geometry and/or area.
According to various alternative embodiments, the open or partial ring reservoir insert may be provided having an even greater open configuration, for example, the partial ring reservoir insert may be provided as a half circle, C-shaped member, etc. According to further embodiments consistent with the present disclosure, more than one partial ring reservoir insert may be provided disposed in the reservoir. Accordingly, as used in any embodiment herein, ring, ring shaped member, partial ring, or open ring may include members having a curved geometries, including circular and/or oval geometries, polygonal geometries, as well as combinations thereof.
There is thus provided a vascular access portal that may provide more efficient flushing and may reduce the accumulation of precipitates and/or residue in the access portal. An access portal consistent with the present disclosure may generally include a housing, and a body defining a fluid reservoir. According to one aspect, the fluid reservoir may optionally have a teardrop shape that promotes fluid passage between the stem and the reservoir while minimizing hang-up within the reservoir. A septum may be disposed on the housing, thereby enclosing the fluid reservoir. A stem may be provided in fluid communication with the fluid reservoir through an outlet passage extending form the fluid reservoir. Consistent with another aspect, the outlet passage extending providing fluid communication between the fluid reservoir and the stem may extend from the fluid reservoir at an angle. Furthermore, the outlet passage may extend tangentially from the fluid reservoir. The access portal may also include a reservoir insert disposed within the fluid reservoir. The reservoir insert may reduce the fluid fill volume of the fluid reservoir. According to one aspect, the reservoir insert may include a ring and/or a ring having a plurality of protuberances. Consistent with the foregoing description, the access portal may include a plurality of non-movable volume reduction members projecting from only a portion of at least one of a bottom or a sidewall of a fluid reservoir.
The description hereinabove is directed at exemplary embodiments consistent with the claimed subject matter. It should be understood, however, that the features and aspects of the various embodiments may be combined with one another to achieve still further embodiments consistent with the present disclosure. Additionally, the described embodiments are susceptible to further modification and variation without materially departing from the invention set forth in the claims appended hereto.
a plurality of non-movable volume reduction members disposed within said fluid reservoir, said plurality of said volume reduction members each having an upper surface which tapers towards said septum and is configured to contact and deflect a tip of said injection device inserted through said open region and said septum, said plurality of volume reduction members having at least one dimension approximately equal to a distance between said base region of said fluid reservoir and said underside of said septum.
2. The access portal according to claim 1, further comprising a stem in fluid communication with said fluid reservoir via an outlet passage.
3. The access portal according to claim 1, further comprising a web configured to couple said plurality of volume reduction members together.
4. The access portal according to claim 1, further comprising a housing at least partially surrounding said fluid reservoir.
5. The access portal according to claim 4, wherein said housing defines an opening on a top surface thereof, said opening defining a curved margin shaped and sized to guide the injection device in a direction of said septum.
a plurality of non-movable volume reduction members projecting from only a portion of at least one of a bottom or a sidewall of said fluid reservoir, said plurality of volume reduction members each having an upper surface which tapers towards said septum and is configured to contact and deflect a tip of said injection device inserted through said open region and said septum and configured to reduce a fluid fill volume of said fluid reservoir.
7. The access portal according to claim 6, wherein said plurality of volume reduction members project from said bottom of said fluid reservoir.
8. The access portal according to claim 6, wherein said plurality of volume reduction members project from said sidewall of said fluid reservoir.
9. The access portal according to claim 6, wherein said plurality volume reduction members generally define a central region, said central region extending unobstructed from said base of said fluid reservoir to said septum.
10. The access portal according to claim 6, further comprising a stem in fluid communication with said fluid reservoir via an outlet passage.
11. The access portal according to claim 6, further comprising a body at least partially defining said fluid reservoir.
a plurality of non-movable spherical volume reduction members disposed within said fluid reservoir, each of said plurality of volume reduction members having a diameter approximately equal to a height between a bottom of said fluid reservoir and said underside of said septum.
13. The access portal according to claim 12, wherein said plurality of volume reduction members are coupled to one another via a web to form a ring member.
14. The access portal according to claim 13, wherein said ring member generally defines a central region, said central region extending unobstructed from a base of said fluid reservoir to said septum.
15. The access portal according to claim 12, wherein said plurality of volume reduction members extend from at least one of said bottom or a sidewall of said fluid reservoir.
16. The access portal according to claim 12, further comprising a stem in fluid communication with said fluid reservoir via an outlet passage.
17. The access portal according to claim 12, further comprising a housing defining an opening on a top surface thereof, said opening defining a margin portion shaped and sized to guide an injection device in a direction of said septum.
European Decision to Refuse dated Dec. 15, 2005 issued in European Patent Application No. 99 964 086.5, 15 pages.
European Examination Report dated Jul. 30, 2003 issued in European Patent Application No. 99 964 086.5, 11 pages.
European Examination Report dated Mar. 1, 2005 issued in European Patent Application No. 99 964 086.5, 10 pages.
European Examination Report dated Mar. 30, 2005 issued in European Patent Application No. 99 964 086.5, 10 pages.
European Examination Report dated Mar. 9, 2004 issued in European Patent Application No. 99 964 086.5, 10 pages.
Office Action dated Jan. 24, 2017, issued in U.S. Appl. No. 13/855,058, 16 pages.
U.S. Office Action dated Apr. 20, 2016 issued in U.S. Appl. No. 13/855,058, 12 pages.
U.S. Office Action dated Dec. 23, 2003 issued in U S. Appl. No. 09/842,458, 7 pages.
U.S. Office Action dated Feb. 28, 2007 issued in U.S. Appl. No. 10/374,000, 8 pages.
U.S. Office Action dated Mar. 25, 2011 and issued in U.S. Appl. No. 12/778,093, 24 pages.
U.S. Office Action dated Oct. 17, 2011 issued in U.S. Appl. No. 12/778,093, 15 pages.
U.S. Office Action dated Oct. 30, 2008 issued in U.S Appl. No. 11/269,098, 12 pages.

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A tungsten-molybdenum-bismuth-tin mine started at the end of 1983. Located 35 miles SW of Fredericton. Formerly owned by Billiton Canada (Brunswick Tin Mines, Ltd. & Billiton) now by Adex Mining Co.
This is the cotype locality for petrukite, the second reported locality in the world for dzhalindite, and a locality for the very rare minerals jeanbandyite and zairite. It is also the first Canadian report of plumbogummite and plumboferrite.
Several of the minerals have so far only been reported from the till: anglesite, beudantite, eulytine, plumboferrite, plumbogummite, and zairite.
It is the world's largest reserve of indium.
Reference: Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.
Reference: McClenaghan, M.B., Parkhill, M.A., Pronk, A.G., Boldon, G.R., Pyne, R.M., Rice, J.M. (2015) Till geochemical signatures of the Mount Pleasant Sn-W-Mo-Bi-In deposit, New Brunswick. Geological Survey of Canada, Open File 7722.
Reference: Amer. Mineral., (1969) 54, 1202–1203.; Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.
Reference: Werner, A.B.T., Sinclair, W.D., and Amey, E.B. (1998): US Geological Survey Circular 930-O.; Econ Geol. (1992) 87:145-163; Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.
Reference: Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.; Sillitoe, R.H. (1985) Ore-related breccias in volcanoplutonic arcs. Economic Geology, 80:6, 1467-1514. Econ Geol. (1992) 87:145-163; Amer. Mineral., (1969) 54, 1202–1203.
Reference: Econ Geol. (1992) 87:145-163; Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.
Reference: Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.; Econ Geol. (1992) 87:145-163; Amer. Mineral., (1969) 54, 1202–1203.
Reference: Sutherland, J.K. (1971) A second occurrence of dzhalindite. The Canadian Mienralogist: 10(5): 781-786.
Reference: McClenaghan, M.B., Parkhill, M.A., Pronk, A.G., Sinclair, W.D. (2017) Indicator mineral and till geochemical signatures of the Mount Pleasant W-Mo-Bi and Sn-Zn-In deposits, New Brunswick, Canada. Journal of Geochemical Exploration: 172: 151–166.
Reference: Sinclair, W.D. et al (2006) "Geology, geochemistry and mineralogy of indium resources at Mount Pleasant, New Bunswick, Canada", Ore Geology Reviews, vol. 28, issue 1, pg 123-145.
Reference: Fluorite: The Collector's Choice. Extra Lapis English No. 9; Sillitoe, R.H. (1985) Ore-related breccias in volcanoplutonic arcs. Economic Geology, 80:6, 1467-1514. Econ Geol. (1992) 87:145-163; Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.
Reference: Sabina, A.P. (2015) Rocks and minerals for the collector: Bay of Fundy, New Brunswick and Nova Scotia; South Shore, Nova Scotia. Geological Survey of Canada, Popular Geoscience 97: 456 pages.
Reference: Handbook of Mineralogy - Anthony, Bideaux, Bladh, Nichols; Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.
Reference: Stephen A. Kissin and De Alton R. Owens (1989) The relatives of stannite in the light of new data. Canadian Mineralogist 27: 673-688.
Reference: Sutherland, J.K., Boorman, R.S. (1969) A new occurrence of roquesite at Mount Pleasant, New Brunswick. American Mineralogist: 54: 1202-1203.
Reference: Canadian Mineralogist Vol. 25, pp,229-236 (1987); Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.
Reference: Sillitoe, R.H. (1985) Ore-related breccias in volcanoplutonic arcs. Economic Geology, 80:6, 1467-1514. Econ Geol. (1992) 87:145-163; Amer. Mineral., (1969) 54, 1202–1203.; Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.
Reference: Applied Geochem. 21,1259-1273(2006); Parrish, I. S., 1977, Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines, Canadian Mineralogist, v. 15, p. 121-126.
Boorman, R.S., Abbott, D. (1967) Indium in co-existing minerals from the Mount Pleasant tin deposit. Canadian Mineralogist: 9: 166-179.
Sutherland, J.K., Boorman, R.S. (1969) A new occurrence of roquesite at Mount Pleasant, New Brunswick. American Mineralogist: 54: 1202-1203.
Sutherland, J.K. (1971) A second occurrence of dzhalindite. The Canadian Mienralogist: 10(5): 781-786.
Petruk, W. (1973) Tin sulphides from the deposit of Brunswick Tin Mines, Limited. Canadian Mineralogist: 12: 46-54.
Parrish, I.S. (1977) Mineral Catalog for the Mount Pleasant Deposit of Brunswick Tin Mines. Canadian Mineralogist: 15: 121-126.
Mining Annual Review (1985): 95 & 308.
Kooiman, G.J.A., McLeod, M.J., Sinclair, W.D. (1986) Porphyry tungsten-molybdenum orebodies, polymetallic veins and replacement bodies, and tin-bearing greisen zones in the Fire Tower Zone, Mount Pleasant, New Brunswick. Economic Geology: 81(6): 1356-1373.
Kissin, S.A., Owens, D.R. (1989) The relatives of stannite in the light of new data. The Canadian Mineralogist: 27: 673-688.
Samson, I.M. (1990) Fluid evolution and mineralization in a subvolcanic granite stock; the Mount Pleasant W-Mo-Sn deposits, New Brunswick, Canada. Economic Geology: 85(1): 145-163.
Werner, A.B.T., Sinclair, W.D., Amey, E.B. (1998) International Strategic Mineral Issues Summary Report - Tungsten. US Geological Survey Circular 930-O.
Sinclair, W.D., Kooiman, G.J.A., Martin, D.A. & Kjarsgaard, I.M. (2006). Geology, geochemistry and mineralogy of indium resources at Mount Pleasant, New Brunswick, Canada. Ore Geol. Rev. 28, 123–145.
McClenaghan, M.B., Parkhill, M.A., Pronk, A.G., Sinclair, W.D. (2017) Indicator mineral and till geochemical signatures of the Mount Pleasant W-Mo-Bi and Sn-Zn-In deposits, New Brunswick, Canada. Journal of Geochemical Exploration: 172: 151–166.

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Denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; see State ex rel. Glover v. State, 93-2330, pp. 9-11 (La. 9/5/95), 660 So.2d 1189, 1195-96 (distinguishing habeas corpus from post-conviction relief and endorsing La.C.Cr.P. art. 351 and its cmt. (c), which states that “habeas corpus is not the proper procedural device for petitioners who may file applications for post conviction relief;” rather, it “deals with pre-conviction complaints concerning custody.”).
Relator has now fully litigated at least one application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.


text:
ASHMAN T. GRAVES & another vs. HELEN M. APT.
Bond, To secure release from arrest. Contract, In writing. Evidence, Extrinsic affecting writings. Practice, Civil, Ordering verdict. Words, "Avoid."
A bond given by a defendant arrested on mesne process to secure his release from arrest, which was not good as a statutory bond under R. L. c. 169, § 2, but was executed voluntarily by the defendant and was accepted at least impliedly by the plaintiff, was held to be valid as a contract at common law.
In an action against the surety on the common law bond mentioned above, it appeared that the condition of the bond was that the defendant released from arrest "shall appear before the Justices of the said Court to be holden as aforesaid and answer to the plaintiff in said action and shall not avoid." The defendant surety offered to show that, before signing the bond, she said in substance that she did not in any way desire to make herself liable for the judgment. The trial judge excluded the evidence. Held, that the exclusion was right, as the defendant surety could not thus control or vary the obligation of the contract in writing.
In the same case it was held, that, assuming that the words "shall not avoid" were of doubtful meaning, the circumstances under which the contract was executed and the facts to which it related could be considered in order to apply this language in accordance with the intention of the parties, such facts in the present case being before the court and undisputed.
In the same case it was held that by the proper construction of the words "shall not avoid" in the condition of the bond quoted above the surety was bound to have her principal in court when judgment should be obtained and execution issued against him, so that execution might be levied upon him.
At a trial where the facts are not in dispute the presiding judge properly may order a verdict for the plaintiff upon a ruling of law.
action of tort in the Superior Court brought against him by the plaintiffs for the conversion of a carload of apples, in which action the plaintiffs recovered judgment in the sum of $1,029.02 and costs, for which execution issued and was returned unsatisfied. Writ dated August 9, 1917.
"The condition of this obligation is such that whereas the said Allcutt has been arrested on mesne process in an action of tort, wherein Ashman T. Graves and Wilson A. Graves are plaintiffs and the said Allan W. Allcutt is the defendant the writ in which action is dated November the eighth A. D. 1915 and returnable before the justices of the Superior Court next to be holden at Greenfield in said County of Franklin on the first Monday of December next.
"Now therefor if the said Allan W. Allcutt shall appear before the Justices of the said Court to be holden as aforesaid and answer to the plaintiff in said action and shall not avoid then this obligation shall be void otherwise it shall remain in full force and virtue."
"1. That upon all the evidence the plaintiffs are not entitled to a finding.
"2. That the condition in the bond signed by the defendant does not make her liable for the amount of the judgment in the case of Graves et al. vs. Allcutt.
"3. That the defendant Allcutt having appeared and defended the case, in which he was defendant, in which the bond was given, the defendant Apt was released from any and all liability on account of said bond."
the jury that on the evidence in the case there had been an avoidance, and ordered a verdict for the plaintiff in the penal sum of the bond, $1,500. The defendant alleged exceptions.
W. A. Davenport, (C. Fairhurst with him,) for the plaintiffs.
DE COURCY, J. One Allan W. Allcutt was arrested on mesne process in an action of tort brought by the present plaintiffs. He secured his release by giving a bond, on which this defendant was a surety. Judgment was recovered against Allcutt in the sum of $1,029.02, but the execution issued thereon was returned "unsatisfied;" the officer's return showing that he was unable to find Allcutt or any property belonging to him. This action is brought against the surety on the bond to recover the amount of said judgment.
Admittedly the bond is not a good statutory bond, as it does not comply with the requirements of R. L. c. 169, § 2. But as it was voluntarily executed by the defendant, and at least impliedly accepted by the plaintiffs, it is a valid bond at common law, on the principle stated in Bank of Brighton v. Smith, 5 Allen 413, "that although the instrument may not conform to the special provisions of a statute or regulation in compliance with which the parties executed it, nevertheless it is a contract voluntarily entered into upon a sufficient consideration, for a purpose not contrary to law, and therefore it is obligatory on the parties to it in like manner as any other contract or agreement is held valid at common law." Bell v. Pierce, 146 Mass. 58.
and the facts to which it related properly could be considered, in order to apply this language in accordance with the intention of the parties; and these facts were all before the court and undisputed. Strong v. Career Cotton Gin Co. 197 Mass. 53, 59, and cases cited. Warner v. Brown, 231 Mass. 333.
The obligation of the defendant called for something more than the presence of Allcutt at the trial of the original action. That requirement was explicitly provided for by the language "shall appear . . . and answer." On the other hand, it well may be that the parties did not use the words "shall not avoid" as equivalent to "shall . . . abide the final Judgment of the court;" both of which clauses appear in the usual statutory bond provided for by R. L. c. 169, § 2. But we think a reasonable construction of the language is, that it obligated the surety to have her principal in court when judgment should be obtained and execution issued against him. The very object of the parties in executing the bond was to give the plaintiffs a substitute for the body of Allcutt, who was then held under arrest on mesne process. An accepted definition of "avoid" is "to evade or escape." 6 C. J. 874. Apparently the word is used in that sense in § 7(of the statute, which provides, "In case of the avoidance of the principal and a return on the execution that he has not been found, . . . his bail shall satisfy the judgment." The early statute, St. 1784, c. 10, § 2, reads: "when the principal shall avoid, so that his goods, lands, or chattels cannot be found to satisfy the execution, nor his body found to be taken therewith, the person for whom judgment was given, shall be entitled to his writ of scire facias from the same court against the bail." See also 1 Prov. St. 1693-4, c. 1. Indeed to construe the words "shall not avoid" as not covering the failure of the debtor to appear so that execution may be levied upon him would be to defeat the obvious purpose of the bond in question and render it ineffective.
There was no error in the refusal to give the rulings requested by the defendant; nor in directing a verdict for the plaintiff, as the facts were not in dispute.

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SPOUSES JOVENAL TORING and CECILIA ESCALONA-TORING, Petitioners, v. SPOUSES ROSALIE GANZON-OLAN and GILBERT OLAN, and ROWENA OLAN, Respondents.
This Petition for Review on Certiorari assails the Decision1 and Resolution,2 dated March 28, 2005 and June 30, 2005, respectively, of the Court of Appeals in CA-G.R. CV No. 76831. The Court of Appeals affirmed the Resolution3 dated June 10, 2002 of the Regional Trial Court, Branch 276, Muntinlupa City, in Civil Case No. 00-137 which had ordered petitioners to pay respondents the sum of P20,000,000 representing the total amount of petitioners' loan and interest due.
On September 4, 1998, petitioner Jovenal Toring obtained from respondents a loan amounting to P6,000,000 at 3% interest per month. The loan was secured by a mortgage on a parcel of land covered by Transfer Certificate of Title No. T-27418,4 as evidenced by a Deed of Real Estate Mortgage5 dated September 8, 1998.
On July 28, 2000, petitioners filed a Complaint10 docketed as Civil Case No. 00-137 for reformation of instruments, abuse of rights and damages against respondents. Petitioners prayed that the Deed of Absolute Sale dated September 23, 1998 and Option to Buy dated September 28, 1998, be treated as an equitable mortgage instead of a sale.
...the document of mortgage specified the interest at 3.81% per month from the time it was obtained, and which was now estimated to be P7,239,000.00. This sum should be added to the total loan of TEN MILLION PESOS, . . .
Therefore, judgment is rendered for defendants ROSALIE GANZON OLAN and GILBERT OLAN [and] ROWENA GANZON since the loan is not denied, directing spouses [p]laintiffs JOVENAL TORING and CECILIA ESCALONA TORING, to pay the sum of TWENTY MILLION PESOS within one month from receipt of this decision.
Petitioners appealed, contending that the trial court erred in awarding interest. Petitioners stress that Article 160214 of the Civil Code governing equitable mortgages provides that any money, fruits or other benefit to be received by the vendee as rent or otherwise shall be considered as interest which shall be subject to the usury laws. Thus, there should have been no award of interest.
WHEREFORE, the June 10, 2002 Resolution of the Regional Trial Court, Branch 276, Muntinlupa City, is hereby AFFIRMED.
Petitioners contend that they are not liable to pay interest as the stipulated monthly rates of 3% and 3.81%17 are unconscionable. Petitioners further contend that the reformed instrument, i.e., the Option to Buy dated September 28, 1998, did not mention any rate of interest chargeable to the loan but rather, an escalation18 of the purchase price.
On the other hand, respondents maintain that petitioners are liable to pay interest based on the Deed of Absolute Sale and Option to Buy executed by the parties. Respondents assert that the P300,000 and P381,000 differences per month as stated in the Option to Buy represents the 3% or 3.81% interest to be charged on the loan. Respondents further assert that the 3% or 3.81% interest is not usurious since Central Bank Circular No. 905-8219 removed the ceiling on interest rates on secured and unsecured loans.
In resolving the issue in this controversy, we have agreed to focus our attention on the basic provisions of statutes as well as the prior decisions of this Court bearing on rates of interest on monetary obligations.
The first time that the parties in this case entered into a loan transaction was on September 4, 1998 when petitioners obtained the P6,000,000 loan from respondents. Based on the Deed of Real Estate Mortgage dated September 8, 1998 embodying the promissory note dated September 4, 1998, the parties agreed on an interest rate of 3% per month.
The second and third times that the parties transacted were on September 23 and 28, 1998 when they executed the Deed of Absolute Sale and the Option to Buy, respectively. These two documents were the instruments reformed in Civil Case No. 00-137, where both parties agreed that the transactions embodied therein were really that of an equitable mortgage. The stipulation in a contract sharply escalating the repurchase price every month is for the purpose of securing the return of money invested with substantial profit or interest.22 Undoubtedly, the P300,000 and P381,000 successive increases stated in the Option to Buy represent the monthly interest which respondents sought to recover from petitioners.
... Nothing in the said circular [CB Circular No. 905, s. 1982] grants lenders carte blanche authority to raise interest rates to levels which will either enslave their borrowers or lead to a hemorrhaging of their assets.
Undeniably, in the present case, petitioners failed to pay the principal loan on its maturity and upon demand by respondents, as well as the interest payments thereafter. Indeed, petitioners cannot turn their backs on their obligation; they have to comply with what is incumbent upon them. All other claims for damages having been waived by the parties, petitioners are bound to pay respondents the principal loan of P10,000,000, plus what we have repeatedly held as the appropriate rate of interest of 1% per month, from December 6, 199826 until fully paid.
WHEREFORE, the assailed Decision and Resolution dated March 28, 2005 and June 30, 2005, respectively, of the Court of Appeals in CA-G.R. CV No. 76831 are MODIFIED to the effect that the stipulated interest rate of 3% or 3.81% per month on the subject equitable mortgage is hereby ordered REDUCED to 1% per month only. No pronouncement as to costs.
1 Rollo, pp. 34-45. Penned by Associate Justice Jose Catral Mendoza, with Associate Justices Romeo A. Brawner and Edgardo P. Cruz concurring.
3 Id. at 48-50. Penned by Presiding Judge N.C. Perello.
4 Records, Vol. I, pp. 20-23.
11 Records, Vol. II, p. 274.
In any of the foregoing cases, any money, fruits or other benefit to be received by the vendee as rent or otherwise shall be considered as interest which shall be subject to the usury laws.
17 See Records, Vol. I, p. 29. Represents the rate increase beginning October 5, 1999.
19 SECTION 1. The rate of interest, including commissions, premiums, fees and other charges, on a loan or forbearance of any money, goods, or credits, regardless of maturity and whether secured or unsecured, that may be charged or collected by any person, whether natural or juridical, shall not be subject to any ceiling prescribed under or pursuant to the Usury Law, as amended. Effective on January 1, 1983.
20 ART. 1956. No interest shall be due unless it has been expressly stipulated in writing.
21 Security Bank and Trust Company v. RTC of Makati, Br. 61, G.R. No. 113926, October 23, 1996, 263 SCRA 483, 489.
22 Bundalian v. Court of Appeals, No. L-55739, June 22, 1984, 129 SCRA 645, 654.
23 Trade & Investment Development Corporation of the Phils. v. Roblett Industrial Construction Corporation, G.R. No. 139290, May 19, 2006, 490 SCRA 1, 6.
24 Ruiz v. Court of Appeals, G.R. No. 146942, April 22, 2003, 401 SCRA 410, 421.
25 Id., citing Spouses Solangon v. Salazar, G.R. No. 125944, 29 June 2001, 360 SCRA 379, invalidating stipulated rates of interest that are "excessive, iniquitous, unconscionable and exorbitant."
26 See Records, Vol. I, p. 28.


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The Commonwealth appeals from a judgment of a single justice of this court denying its petition pursuant to G. L. c. 211, § 3. We affirm.
Eric Snow and James Winquist were indicted for murder, in September, 2007, in connection with the deaths of two men whose bodies were discovered in a park in Hingham. In December, 2008, Snow filed a motion to dismiss the indictments, which Winquist later joined, arguing prosecutorial misconduct during the course of the grand jury proceedings. The defendants argued that the Commonwealth's presentation of evidence to the grand jury was misleading and that the Commonwealth withheld exculpatory evidence, in violation of Commonwealth v. O'Dell, 392 Mass. 445 (1984); and that the Commonwealth knowingly presented false testimony, in violation of Commonwealth v. Salman, 387 Mass. 160 (1982).
The defendants also sought an evidentiary hearing on the motion to dismiss. A judge in the Superior Court allowed the request for a hearing, over the Commonwealth's objection. The defendants stated their intent to call six law enforcement officers -- four police officers and two parole officers -- and four civilians as witnesses at the hearing. Initially, the judge indicated that the defendants could call the law enforcement officers, and he reserved for later a decision as to whether they could also call the civilian witnesses. After the law enforcement witnesses testified, and after further consideration, the judge ruled that he would also allow the four civilian witnesses to testify. The Commonwealth then filed a G. L. c. 211, § 3, petition, seeking relief from the judge's order allowing the testimony of the civilian witnesses. A single justice denied the petition.
supra at 320, quoting Barber v. Commonwealth, 353 Mass. 236 , 239 (1967). We recently reiterated in Commonwealth v. Richardson, supra, that "[n]o party, including the Commonwealth, should expect this court to exercise its extraordinary power of general superintendence lightly." Id. at 1006. See Commonwealth v. Narea, 454 Mass. 1003 , 1004 n.1 (2009).
The Commonwealth argues that the judge erred in allowing the defendants' request for an evidentiary hearing because the defendants have not made the requisite preliminary showing that false testimony was presented to, or that exculpatory evidence was withheld from, the grand jury. See Commonwealth v. Salman, supra at 166. It also expresses a concern for the safety of the civilian witnesses, two of whom, according to the Commonwealth, have been relocated through the Commonwealth's witness protection program. Additionally, one of those witnesses is, according to the Commonwealth, the victim of a related crime for which Snow has been indicted -- intimidating a witness. These interests regarding witness safety, "as important as they are, do not always give rise to the type of 'exceptional circumstances' that warrant the exercise of this court's supervisory powers." Commonwealth v. Richardson, supra at 1006. While it is also true, as the Commonwealth states, that the witnesses might not wish to have to appear in court to testify against the defendants on more than one occasion (at the evidentiary hearing and at trial), this is not a "substantive right" that warrants the exercise of this court's extraordinary power of general superintendence pursuant to G. L. c. 211, § 3.
John E. Bradley, Assistant District Attorney (Suzanne D. McDonough, Assistant District Attorney, with him) for the Commonwealth.
Stephen Neyman for James Winquist.
Robert S. Sinsheimer for Eric Snow.
[Note 2] The Commonwealth contends that motions to dismiss indictments pursuant to Commonwealth v. O'Dell, 392 Mass. 445 (1984), have become routine in the Superior Court; often do not have a legitimate basis; and clog up the criminal justice system. The Commonwealth thus attempts to portray this as a systemic issue appropriate for consideration under G. L. c. 211, § 3. See Commonwealth v. Richardson, 454 Mass. 1005 , 1006 (2009). The Commonwealth, however, provides no record support at all for this proposition.

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WICHITA R. & LIGHT CO.
PUBLIC UNTILITIES COMMISSION OF THE STATE OF KANSAS (KANSAS GAS & ELECTRIC CO., Intervener).
The petition further recited that in December, 1916, being of opinion that it could reduce its rates for residential and commercial lighting, it proposed a gradual reduction and filed a schedule for the purpose, which the Commission had not acted on; that in January, 1917, it did reduce its rates, but that if a further reduction under the schedule for 1918 were made, the loss of net earnings to the petitioner would be $220,000.
'Your petitioner is of the opinion that in order to meet this situation, and in order to increase the net earnings of your petitioner in an amount sufficient to offset the loss resulting to it from the conditions above stated, an order should be entered by the Commission, authorizing petitioner to add to its existing rates the surcharge hereinafter set out. There are approximately 19,900 consumers now served by your petitioner; the proposed surcharge does not affect consumers using 100 kilowatt hours or less per month, and therefore 17,000 of said total of 19,000 consumers are not affected. In apportioning the surcharge equitably among the remainder of said consumers, your petitioner has taken into consideration the fact that, in the generation of electrical energy for large power consumers, fuel is approximately 75 per cent. of the cost of generation, and that therefore a surcharge which has for its purpose the reimbursement of the utility company for increase in the cost of fuel should be so adjusted that the surcharge should increase in proportion to the amount of energy consumed. The percentage of increase fixed by such surcharge over existing rates is therefore increased in proportion to the amount of consumption. The last step in said surcharge schedule affects 6 consumers, and the last two steps 38 consumers.
'For the first 100 KWH per month, no surcharge.
'For the next 1,000 KWH per month, 12 mills net per KWH.
'For the next 10,000 KWH per month, 9.5 mills net per KWH.
'For the next 1,000 KWH per month, 8 mills net per KWH.
'For the next 14,900 KWH per month, 1 mill surcharge per KWH.
'For the next 20,000 KWH per month, 2 mills surcharge per KWH.
The rates thus fixed were substantially higher than the contract rates.
The Wichita Company thereupon filed a bill in equity in the United States District Court for Kansas seeking to enjoin the Commission from putting the new rates in force as against it. After averring the diverse citizenship of the parties and a sufficient jurisdictional amount involved, the bill alleged that the order impaired the contract which it had with the Kansas Company, in violation of article 1, section 10, of the federal Constitution, that the rates fixed were unjust and unjustly discriminatory as against the complainant, that it was the largest customer of the Kansas Company, and that the increase of its rate as compared with that of others violated every equitable rule of rate-making, and deprived the plaintiff of its property without due process, and denied it the equal protection of the laws, in violation of the Fourteenth Amendment. A temporary injunction was issued. The answer of the Commission averred that the proceedings were regular and authorized by the statute of Kansas, that the Wichita Company had participated in them, and denied that the surcharges were discriminatory or unjust. The Kansas Company then applied for leave to intervene, and leave was granted. It answered the bill much as the Commission did, but with more elaboration, denying that the order was discriminatory or unjust, and averring that the contract of 1910 was necessarily subject to the legitimate exercise of the police power of the state, and that an order of the Commission regularly made in the exercise of that power could not be regarded as working an impairment of the obligation of the contract in the sense of the contract clause of the federal Constitution.
The District Court gave judgment for the Wichita Company on the pleadings, and enjoined the Commission and the Kansas Company from putting into force the increased rates. The Circuit Court of Appeals reversed the decree of the District Court and directed a dismissal of the bill; Judge Sanborn dissenting.
The Wichita Company has appealed to this Court.
Henry I. Green, of Urbana, Ill., and Thomas F. Doran, of Topeka, Kan., for appellant.
H. L. McCune, of Kansas City, Mo., for appellees.
The appellees urged that the concession of the appellant that contracts in respect to the rates to be charged by a public utility are subject to suspension or abrogation by the police power of the state validly exercised through an administrative agency takes out of this case any federal question, because the issue then is only a state question, to wit, whether under the statute statute, the police power was validly exercised. Upon this ground they insist that the bill should have been, and must be now, dismissed for want of jurisdiction and without any inquiry into the other issues of law and fact. The original bill set out two grounds of jurisdiction, first that of diverse citizenship, and, second, that the case arose under the federal Constitution in that the order violated the contract clause of the federal Constitution, and also the Fourteenth Amendment. The intervention of the Kansas Company, a citizen of the same state as the Wichita Company, its opponent, did not take away the ground of diverse citizenship. That ground existed when the suit was begun and the plaintiff set it forth in the bill as a matter entitling it to go into the District Court. Jurisdiction once acquired on that ground is not divested by a subsequent change in the citizenship of the parties. Mollan v. Torrance, 9 Wheat. 537, 539, 6 L. Ed. 154; Clarke v. Mathewson, 12 Pet. 164, 171, 9 L. Ed. 1041; Koenigsberger v. Richmond Mining Co., 158 U. S. 41, 49, 15 Sup. Ct. 751 39 L. Ed. 889; Louisville, etc., Ry. Co. v. Louisville Trust Co., 174 U. S. 552, 566, 19 Sup. Ct. 817, 43 L. Ed. 1081. Much less is such jurisdiction defeated by the intervention, by leave of the court, of a party whose presence is not essential to a decision of the controversy between the original parties. See equity rule 37 (33 Sup. Ct. xxviii); Adler v. Seaman (C. C. A.) 266 Fed. 828, 841; King v. Barr (C. C. A.) 262 Fed. 56, 59; Jennings v. Smith (D. C.) 242 Fed. 561, 564. The Kansas Company, while it had an interest and was a proper party, was not an indispensable party. In re Engelhard, 231 U. S. 646, 34 Sup. Ct. 258, 58 L. Ed. 416.
The jurisdiction of the District Court was not limited to federal questions presented by the bill, but extended to the entire suit and every question, whether federal or state, involved in its determination.
The appellant assigns for error that the Circuit Court of Appeals, by directing a dismissal of the bill, refused it a hearing on the truth of the averments of the answer as to the validity of the order, and also on the issue made by the bill and answer as to whether the rates as fixed by the Commission deprived it of its property without due process of law, and denied it the equal protection of the laws. In this ruling we think there was error.
The stress in the hearing on the motion was put on the two contentions—one, that the order of the Commission was void on its face for lack of a necessary finding that the existing contract rates were unreasonably low; and the other, that the facts averred in the petition of the Kansas Company to the Public Utilities Commission were not sufficient to justify such a finding if it had been made. The District Court sustained the contention; the Court of Appeals denied it. The motion for judgment being overruled, the complainant should have been accorded an opportunity, the right to which it had carefully reserved, to traverse the allegations of fact by the Kansas Company as to the basis for the order of the Commission and also to maintain by evidence and argument the issue as to due process of law and the equal protection of the law. The charge that the order made a classification denying due process and the equal protection of the law was a mixed question of law and fact, upon which the complainant had a right to be heard. Neither court passed on it. For this reason, if there was nothing else, the decree of the Circuit Court of Appeals would have to be reversed. Lane v. Pueblo of Santa Rosa, 249 U. S. 110, 114, 39 Sup. Ct. 185, 63 L. Ed. 504.
There still remain for out consideration the questions upon which the courts below differed.
Section 14 and section 15 require the complaint against rates, etc., to be in writing, and a formal public hearing, of which due notice is to be given to the parties interested.
Section 15 directs how the notice shall be given, and how long before the hearing, and its contents.
Section 16 provides that, if upon such hearing the rates, etc., of any public utility are found to be unjust, unreasonable, unfair, unjustly discriminatory, or unduly preferential, the Commission shall have power to fix and substitute therefor rates, etc., 'as it shall find, determine or decree to be just, reasonable and necessary.' It rpovides that all orders and decisions of the Commission whereby any rates, etc., are altered, changed, modified, fixed or established, shall be served on the public utility affected thereby and that such public utility unless an action is commenced, in a court of proper jurisdiction to set aside 'the findings, orders and decisions' of the Commission, or to review and correct the same, shall carry the provisions of the order into effect.
Section 20 provides that, whenever any public utility shall desire to make a change in any rate or rates, it shall file with the Commission a schedule showing the changes desired to be made and put in force by such public utility, but that no change shall be made in any rate without the consent of the Commission, and within 30 days after such changes have been authorized by the Commission copies of such schedule shall be filed in every station, office, or depot of such public utility for public inspection.
It is said that the order in this case was authorized by section 20, and therefore that all that was needed was the filing of a schedule of changed rates and the consent of the Commission, and that no finding was required, as in sections 13 and 16. This construction of section 20 is doubtless correct, but it shows that the filing of a schedule of changed rates under that section cannot accomplish the result of abrogating contract rates. It could not do so, any more than would the original filing of a schedule of rates under section 11 requiring every public utility to publish and file with the Commission all schedules of rates do this. The consent of the Commission in section 20 is made necessary only to prevent changing schedules without notice to the Commission, and thus to secure a proper supervision of schedules. Such consent does not involve a hearing or a finding and a decision. The section does not, therefore, cover, or measure the essentials of, the proceeding in this case before the Commission which the order shows was upon pleadings and inter partes. We find nothing in State ex rel. Caster v. Kansas Postal Telegraph-Cable Co., 96 Kan. 298, 150 Pac. 544, which gives a different construction to section 20.
The majority opinion in the Circuit Court of Appeals in maintaining the validity of the order in this case relies on section 18 of the act, which provides that all orders, rates, etc., fixed by the Commission shall be in force 30 days thereafter, and shall be prima facie reasonable until changed by the Commission or by a court, and holds from this that it must presume that there was substantial evidence to warrant the findings. But, as we have seen, there is no finding of reasonableness or unreasonableness. Nor can we suppose that the presumption was to obtain until there was such a finding.
The proceeding we are considering is governed by section 13. That is the general section of the act comprehensively describing the duty of the Commission, vesting it with power to fix and order substituted new rates for existing rates. The power is expressly made to depend on the condition that after full hearing and investigation the Commission shall find existing rates to be unjust, unreasonable, unjustly discriminatory, or unduly preferential. We conclude that a valid order of the Commission under the act must contain a finding of fact after hearing and investigation, upon which the order is founded, and that for lack of such a finding, the order in this case was void.
This conclusion accords with the construction put upon similar statutes in other states. Public Utilities Commission v. Springfield Gas Company, 291 Ill. 209, 125 N. E. 891; Public Utilities Co. v. B. & O. S. W. R. R. Co., 281 Ill. 405, 118 N. E. 81. Moreover, it accords with general principles of constitutional government. The maxim that a legislature may not delegate legislative power has some qualifications, as in the creation of municipalities, and also in the creation of administrative boards to apply to the myriad details of rate schedules the regulatory police power of the state. The latter qualification is made necessary in order that the legislative power may be effectively exercised. In creating such an administrative agency, the Legislature, to prevent its being a pure delegation of legislative power, must enjoin upon it a certain course of procedure and certain rules of decision in the performance of its function. It is a wholesome and necessary principle that such an agency must pursue the procedure and rules enjoined, and show a substantial compliance therewith to give validity to its action. When, therefore, such an administrative agency is required as a condition precedent to an order, to make a finding of facts, the validity of the order must rest upon the needed finding. If it is lacking, the order is ineffective.
It is pressed on us that the lack of an express finding may be supplied by implication and by reference to the averments of the petition invoking the action of the Commission. We cannot agree to this. It is doubtful whether the facts averred in the petition were sufficient to justify a finding that the contract rates were unreasonably low; but we do not find it necessary to answer this question. We rest our decision on the principle that an express finding of unreasonableness by the Commission was indispensable under the statutes of the state.
We think the motion for judgment on the pleadings should have been granted. The decree of the Circuit Court of Appeals is reversed, and that of the District Court is affirmed.