The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1868-06-26


pEsyed in said petition; . copt at which
rule ard of the petition hall be ser 9 ! on
the said corporation by day to be there
in limited, which shall be served as other
proc; SIS against such corporations is d.
rected to be served. .a
Sec. III And be it enacted, That the
said corp ration, by the day named in said
order, unless further time be granted by
the Court, shall file an answ'r to such Pc
tition, fully setting forth al the defences
upon which it intends TO rely on resisting
such application, which shall be verified
by the affirmation or affidavit Of some off
Ger of the said corporation.
Sec. 17S. And be it enacted, That the petit
TONERS may thereupon plead to or traverse
all or any Of the material averments set forth
in the said answer, and the said defendant
shall take issue or demur to said plea or ira
verse within five days thereafter 3D.. e..
Sec. 179. And be it enacted, That if issue
or issues shall be Joined on such proceedings,
the same shall stand for trial at such time as
the Court shall direct and the said issue OF
issues shall be tried by jury if either par
ty desire it, otherwise they shall be heard and
determined by the Court. If, from the find
ings of the jury, or upon consideration and
determination ofthe case by the Court, the
Court shall be of opinion that legal cause of
forfeiture has been shown, and the public in
terests require that the said forfeiture should
be declared, decree of forfeiture shall be en-
tered, and the charter of the said corporation
shall thereby be annulled and vacated, and
all its corporate franchises and powers shall
cease and henceforth be void. and the Court
shall thereupon appoint a receiver OF receiv-
ers of the estate and assets of the said corpo-
ration, in the same manner, and with like
powers as is provided in sections one hun
dred and eighty-nine and one hundred and
ninety of this Article, in reference to dssolu-
ton of corporations on bill filed therefor on
their own motion
Sec. 1870. And be it enacted, That if any
corporation upon whom the aforesaid petition
and rule to show cause has been served shall
neglect to file an answer to the petition at the
time appointed by the said Court, the Court
shall thereupon proceed to hear the said APP
plication ex parte, within five days thereafter;
and if it shall be of opinion that good cause
of forfeiture is shown, it shall proceed forth
with to decree the same, as is heretofore
provided in the preceding section of this
Article 81 81. 81 @
Sec. ISL. And be it enacted, That if the
Court either upon hearing ex parte, as
hereinbefore provided, or upon hearing af-
ter answer, as provided in section one hun
dred and seventy shall be of opinion
that no cause of forfeiture has been shown,
or that the public interests do not demand
that such forfeiture should be decreed, even
though legal cause thereof has been shown,
it shall dismiss the petition and award costs
in favor of the corporation proceeded against
in its discretion and if the Court shall deter
mine that legal cause of forfeiture has been
shown, it may in its discretion, before passing
a final decree of forfeiture, pass orders re-
quiring the said corporation, within q time to
be thereby fixed, to remedy the grievance
complained of, and may suspend the passage
OF the final decree of forfeiture, until the time
80 fixed, and may afterwards refuse to pass
such decree, if the grievance shall have been
remedied by the time SO fixed
Sec. 1872. And be it enacted, That the reti-
tion for forfeiture hereinbefore mentioned,
shall be filed in the Circuit Court for the
county in which the certificate Of incorpora-
ton of said corporation was filed, if said cor
poration shall have been incorporated under
the laws requiring the filing of such certiti-
cate, and in the case of all other corporations
such petition shall be filed in the county in
which either the principal office of said cor
poration was last located, or in which the
principal business of said corporation was
last carried on !; but if the corporation to be
proceeded against has filed the certificate of
incorporation in Baltimore city, or if not in
corporated under the laws requiring such GER
tificate to be fled the said corporation had
its principal office last in said city, or had
there last carried on its principal business,
then, and in such cases, the said petition shall
be filed in the Superior Court of Baltimore
city. 8s 1o ysi .-Nc III PCS
Sec. 1885, And be it enacted, That from
any judgment or determination of the Court
had on petitions filed for forfeiture under this
Article, either party may appeal to the Court
of Appeals subject to such regulations and
provisions relating to the taking and prose
cution of said appeals as shall be prescribed
by the said Court of Appeals. ....i. .
Sec. 1874 And be it enacted, That the Gov
ernor of this State shall have power upon ap
plication in writing made to him by any citi
zen thereof, in the exercise of his own discre
ton, to direct the Attorney General or State
Attorney for any county in this State or fo
the city of Baltimore, to file bill in the Cir
cult Court of Baltimore city, or in the Cir
cult Court of any county, in the name of tn
State, against any corporation incorporates
under the laws of this State, for the purpos
OF restraining by injunction any such corpo
ration from assuming or exercising any fran
chise, liberty or privilege, or transacting an
business not allowed by the charter, certii
cate or amended certificate of incorporation
of said corporation, OF not by law allowed t
be assumed or exercised by said corporation
and in the same manner and by like author
ity, bill may be filed to restrain any ind
vidual from exercising any corporate rights
privileges or franchises not granted to ther
by any law of this State, and such bill whe
filed against corporation, shall be filed i
the Circuit Court of Baltimore city, if TIL
principal office or place of its business opel
atoms of said corporation shall be locate
therein, or in the Circuit Court of the count
in which the principal office or place of il
business operations Of said corporation sha
Relocated and if the said bill is filed again
any individual, it shall be filed in the city {
county in which some one of the individual
sought to be restrained may reside, and upo
the filing of any such bill, the Court in whic
it shall be filed, shall have power to issue I'll
injunction either before or after hearing, an
under and on such terms as it may prescrib
and generally shall have and exercise all til
powers Of Court of Equity over the sui
ject matter of said bill, and all provisions
the laws of this State relating to the gran
ing, continuing or dssolving of Injunction
in other cases, and providing for appeals t
the Court of Appeals, which may be apple,
BILE, shall apply to proceedings had under TIL
ection. 90 ~