LAWS OF MARYLAND.— 1833.

1099

franchises ought, by reason of abuser or non-user of such
powers or franchises, to be vacated and annulled, and, if lawful
and proper, to cause the same to be vacated and annulled, it
shall and may be lawful for the attorney -general to cause to be

issued a scire facias, in the name of the state of Maryland, from
the county court, against such corporate body, so abusing or
not using such powers and franchises, to shew cause, if any the
said corporate body may have, why the act of incorporation
thereof and the said powers and franchises should not be
vacated and annulled ; and on appearance of said corporate

For abuse
or non- user
scire facias
to issue.
To show
cause.

body, to said process, the court shall proceed in the case in
manner and form, and subject to all the rules and regulations

Proceedings
directed.

and right of appeal, lawful and proper, in cases of writs of scire
facias, and shall determine and render judgment in the premises,
either for said corporate body, or that said corporate body be
ousted, and that the act of incorporation thereof be vacated and
annulled, and that its corporate franchises shall cease and be
void.

Appeal
allowed.
Judgment.

SEC. 2. And be it enacted, That if said corporate body shall
be summoned, and shall not appear at the return term of said
process, or shall not appear after being summoned, under any

In case of
not appear-
ing on
summons.

alias writ of scire facias, or if the return on said process, and an
alias scire facias shall be that no corporate body is to be found
in the county, or no officer of such corporation, whereby said

Or return
of non est.

corporation may be summoned, the said court may, on a decla-
ration being filed in the cause, setting forth the causes why the
said corporate body should be ousted, and the act of incorpora-
tion, charter, and franchises, and powers thereof, vacated and
annulled, order, that an inquiry as in cases of judgments by de-
fault, be had by a jury, upon the allegations of said declaration ;

Court may
order inqui-
ry by jury.

and the jury shall certify to the court in manner as usual in
cases of inquisition on writs or orders of inquiry in suits at com-
mon law, the finding of said jury, and shall certify the same in

Form of
verdict.

the form and terms of a special verdict, and thereupon the court
shall proceed to judgment as aforesaid, in the matter of said
corporate body.

Judgment
thereon.

SEC. 3. And be it enacted, That the scire facias aforesaid
shall issue out of the county court of the county, or of any of
the counties, which shall be prescribed by the act of incorpora-
tion thereof, or which shall be or shall have been used by such
corporate body, for keeping its place of business in ; or, if it have
no such place of business prescribed or used in fact as aforesaid,
then of any county in or through which the works, operations,
or dealings, of said corporate body shall be, or shall, by said act,

Whence
such scire
facias shall
be issued.

be proposed to be, or to be carried on, or conducted.
SEC. 4. And be it enacted, That where judgment against any
corporate body shall have been recovered and nulla bona to any

When
judgment
against is
recovered.