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Proceedings and Acts of the General Assembly, 1876
Volume 199, Page 355   View tiff image (53K)
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JOHN LEE CARROLL, ESQUIRE, GOVERN

OH. 355

tion in a summary way to the Circuit Court for the

 

county or Superior Court for the City of Baltimore,

 

where said company shall have an office for the

 

transaction of business, for relief against the said

 

alleged grievance, and thereupon the said court shall

 

appoint a short day for hearing the matter of the said

 

petition, of which the said company shall have notice,

 

and on hearing of the parties, or in case the said

 

company shall fail to appear and show, cause against

 

the said application, on examination of the said pe-

 

tition and the evidence which shall or may be pro-

 

duced by the. petitioner in support thereof, and the

 

said court shall and may pass such order for relieving

Pass order.

the said petitioner or otherwise as to justice shall

 

appertain, and the said court shall have full power

 

to enforce obedience to the said order by writ of in-

 

junction or attachment, or other process which would

 

be applicable in the enforcement of the said order

 

in the event that the same had been passed by the

 

said court in the exercise of its general equity juris-

 

diction, and the said court shall have power to pro-

Have power.

vide for the examination of witnesses under a com-

 

mission or by deposition, and for taking or collecting

 

other necessary evidence to be used at the hearing as

 

aforesaid, and for the trial of issues involving any con-

 

troverted matter of fact by a jury under the direction

 

of the said court, if the said court shall deem such trial

 

to be proper, and either party may appeal from the final

May appeal.

order to be passed by the said court, or any order

 

determining the merits of the said application or any

 

part thereof to the Court of Appeals, and the said

 

appeal shall be heard and determined at the first

 

term of the said court next after the transmission of

 

the transcript of the record of the said appeal to the

 

said court, and in the event of an appeal as aforesaid

 

the said Court of Appeals shall have authority to

 

pass such order in relation to the costs of the said

 

proceeding as may seem right and proper.

 

SEC. 2. And be it enacted, That this act shall take

In force.

effect from the date of its passage.

 

Approved April 3, 1876.

 


 
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Proceedings and Acts of the General Assembly, 1876
Volume 199, Page 355   View tiff image (53K)
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