960

LAWS OF MARYLAND.

in the next preceding Section ; and nothing herein
contained shall authorize the location of any road
on private property without consent of the owners
or the decision of the County Commissioners upon
due hearing as now prescribed by law for open-
ing or altering public roads.

Legal pro-
ceedings.

Sec. 176. And be it enacted, That whenever the
Attorney General of the State, or the State's At-
torney for the City of Baltimore, or for any
county in this State, shall be authorized by the
Governor to institute proceedings against any cor-
poration incorporated under the laws of this State
to ascertain whether such corporation has been
guilty of such misuse, abuse or nonuser of its cor-
porate powers and franchises as by law would au-
thorize and make proper the forfeiture of its char-
ter, corporate powers and franchises, the Attorney
General or State's Attorney, so authorized, shall
file in the court hereafter designated, a petition in
the name of the State, setting forth fully and in
detail, the alleged abuse, misuse or nonuser, 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 a rule
requiring the said corporation to show cause, with-
in such time as the Judge may deem proper, why
a decree of forfeiture should not issue as prayed in
said petition, a copy of which rule and of the pe-
tition shall be served on the said corporation by a
day to be therein limited, which shall be served as
other process against such corporations is directed
to be served.

File answer.

Sec. 177. And be it enacted, That the said cor-
poration, by the day named in said order, unless
further time be granted by the court, shall file an
answer to such petition, fully setting forth all the
defenses upon which it intends to rely on resisting
such application, which shall be verified by the
affirmation or affidavit of some officer of the said
corporation.

Within five
days.

Sec. 178. And be it enacted, That the petition-
ers may thereupon plead to or traverse all or any
of the material averments set forth in the said an-
swer, and the said defendant shall take issue or
demur to said plea, or traverse within five days
thereafter.