Year: 1868

first paid or rendered to the parties entitled
thereto, or paid into court after inquisition,
confirmed as provided for in the next preced-
ing section, and nothing herein contained shall
authorize the location of any road on private
property without consent of the owner, or the
decision of the county commissioners, upon due
hearing, as now prescribed by law for opening
or altering public roads.


Sec. l76. And be it enacted, That whenever
the Attorney General of the State, or the States
Attorney for the city of Baltimore, or for any
county in this State, shall be authorized by the
Governor to institute proceeding against any
corporation incorporated under the laws OF this
State, to ascertain whether such corporation
has been guilty of such misuse, abuse nom
user of its corporate powers and franchises as
by law would authorize and make proper the
forfeiture of its charter, corporate powers and
franchises. the Attorney General or States At
torney so authorized shall file in the court;
hereafter designated petition in the name Of
the State, setting forth fully and in detail the
alleged abuse, misuse, or non-user, by reason
whereof the said forfeiture is sought and upon
the filing of such petition, the court in which
it is filed, or any Judge thereof shall lay rule
requiring the said corporation to show cause,


within such time as the judge may deem prop
er, why decree of forfeiture should not issue
dS PTdyeu III Sdlu petuOu "eoPy "a "Ai.1 uAo
and of the petition shall be served on said cor
poration by day to be therein limited, which
shall be served as other process against such
corporations is directed to be served. &
Sec. 1T. And be it enacted, That the said
corporation, by the day named in said order,
unless further time be granted by the court,
shall file an answer to such petition, fully set
ting forth all the defences upon which it intends
to rely on resisting such application, which
cbol ho 1,or;fod bp 41a a f affidavit
of some officer of the said corporation. 4


Sec. 178. And be it enacted, That the petit
TONERS may thereupon plead to or traverse all
or any of the material ayerments set forth in
the said answer and the said defendant shall


take issue or demur to said plea or traverse
within five days thereafter. -a is;*
celia. 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 or issues
shall be tried by jury if either party desire it,


otherwise they shall be heard and determined
| by the court. If, from the findings Of the jury,


or upon consideration and determination OF


the case by the court, the court shall, be OF


opinion that legal cause of forfeiture has been
shown, and the public interests require that


the said forfeiture should be declared, a decree


of forfeiture shall be entered, and the charter


of the said corporation shall thereby be annnl-
led and vacated, and all its corporate franchis-


es and powers shall cease and henceforth be


void, and the court shall thereupon appoint a


receiver or receivers of the estate and assets Of


the said corporation, in the same manner, and


with like powers as is provided in sections one


hundred and eighty-nine and one hundred and


NINETY Of this article, in reference 10 dissolu


of corporations on bill fled therefor on thdi


own motion.


Sec. $50. And be it enacted, That ifany cor


poration upon whom the aforesaid petition and


rule to show cause has been served, shall meg


lect to file an answer to the petition at the


time appointed by the said court, the court
shall thereupon proceed to hear the said appli-


cation er parte, within FIVE days thereafter
and if it shall be of opinion that good cause OF
forfeiture is shown, it shall proceed forthwith
to decree the same as is hereinbefore provided
in the preceding section of this article. " =
| Sec. l8l. And be it enacted, That if the
court, either upon a hearing ex parte, as here
inbefore provided, or upon hearing after an
swer, as provided in section one hundred and
lseventy-nine, shall be of opinion that no cause
of forfeiture has been shown, or that the pub
lie interest do not demand that such forfeiture
should be decreed, even though legal cause
therefor has been shown, it shall dismiss the
petition and award costs in favor of the corpo-
ration proceeded against in its discretion and
if the court shall determine that legal cause of
forfeiture has been shown, it may in its discre-
ton, before passing final decree of forfeiture,


pass orders requiring the said corporation,


within a time to be thereby fixed, to remedy


the grievance complained of, and may suspend
the passage of the final decree Of forfeiture, un-
til the time so fixed, and may afterwards refuse
to pass such decree, if the grievance shall have
been remedied by the time so fixed. s'zss@i -
Sec. 1872. And be it enacted, That the petit
cha1


be filed in the circuit court for the county in


which the certificate of Incorporation of said


corporation was fled, if said corporation shall


have been incorporated under the laws requir-
ing the fling Of such certificate, and in the


case of all other corporations such petition shall


be filed in the county in which either the prin-


cipal Office of said corporation was last located,
or in which the principal business OF said cor


poration was last carried on but If the corpo-


ration to be proceeded against has fled the


certificate of incorporation in Baltimore city,
or if not incorporated under the laws requiring


such certificate to be filed, the said corporation


had its principal office last in said city, or had


there last carried on its principal business, ther


and in such cases, the said petition shall be filed


in the Superior Court of Baltimore city. 80 :,
Sec. 1873. And be it enacted, That from any
Judgment or determination of the court, had on


petitions fled for forfeiture under this article,
either party may appeal to the Court OF Ap-
peals, subject to such regulations and prOvis-
ions relating to the taking and prosecution OF
said appeals as shall be prescribed by the said


Court Of Appeals. stl...N .eaa. la.5g4s
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 States
Attorney for any county in this State or for the
city of Baltimore. to file a bill in the Circpit
Court of Baltimore city, O. in the Circuit Court
of any county, in the name of the State, against
any corporation incorporated under the laws of
this State, for the purpose of restraining by in
junction any such corporation from assuming
orexercising any franchise, liberty or privilege,
or transacting any business not allowed by the
charter, certificate or amended certificate OF in
corporation of said eorporation, or not by law
allowed to he assumed or exercised by said COR
poration, and in the same manner and by like
authority, bill may be filed to restrain any
individual from exercising any corporate rights,


privileges or franchises not granted to them by
any law of this State, and such bill when filed
against corporation, shall be filed in the Cir
cult Court Of Baltimore city, if the principal
Office or place of its business operations of said
corporation shall be located therein, or in the
circuit court of the county in which the princi-
pal Office or place of its business operations Of
said corporation shall be located; and if the
said bill is fled against any individual, it shall


be filed in the city or county IN which some
one of the individuals sought to be restrained