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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 646   View pdf image (33K)
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646 CORPORATIONS. [ART. 28

carrying on any business. And no injunction against any such associa-
tion shall be granted by any court, except on application as set forth in
this section. No association so enjoined, shall have authority to con-
tinue business until such report shall be made, or overt act or violation
complained of shall have been corrected, nor until the costs of such
action be paid by it; provided, the court shall find that such association
was in default as charged; whereupon the insurance commissioner shall
reinstate such association, and not until then shall such association be
allowed to again do business in this State. Any officer, agent or person
acting for any association or subordinate body thereof, within this
State, in procuring new members, while such association shall be so
enjoined or prohibited from doing business pursuant to this section,
shall be deemed guilty of a misdemeanor, and on conviction thereof
shall be punished by a fine of not less than twenty-five dollars nor more
than two hundred dollars, or by imprisonment in the city or county
jail not less than thirty days nor more than one year, or by both such
fine and imprisonment, in the discretion of the court.

This section does not supersede the remedies given by sections 367 and 376
of the code of 1904 (see sections 78 and 82), nor does it Interfere with the
general power of equity to grant Injunctions, the word "Injunction" as used
in this section, referring only to Injunctions to restrain the company "from
carrying on its business." Barton v. International Fraternal Alliance, 85
Md. 31.

Cited but not construed in Himmel v. Elchengreen, 107 Md. 612; Supreme
Lodge v. Simering, 88 Md. 288; International Fraternal Alliance v. State, 86
Md. 552.

See notes to sec. 229.

1904, art. 23, sec. 221. 1894, ch. 295, sec. 143 P.

240. Any person who shall act within this State as an officer, agent
or otherwise in procuring new members for any association which shall
have failed, neglected or refused to comply with, or shall have violated
any of the provisions of section 229 to section 242 (both inclusive) of
this article, or shall have failed or neglected to comply with the provi-
sions therein, preliminary to transacting business as provided for by
said sections, or either of them, shall be subject to the penalty provided
in the last preceding section for the misdemeanor therein specified.

Cited but not construed in Himmel v. Eichengreen, 107 Md. 612; Supreme
Lodge v. Simering, 88 Md. 284; International Fraternal Alliance v. State, 86
Md. 552; Barton v. International Fraternal Alliance, 85 Md. 31.
See notes to sec. 229.

Ibid. sec. 222. 1894, ch. 295, sec. 143 Q.

241. Fraternal beneficiary societies, orders or associations as
described in section 229 may be incorporated in the manner provided
for the formation of corporations under this article; provided, that no
such society, order or association incorporated in another State, province
or territory, nor any council or branch, or component part thereof, can
be incorporated under the laws of this State.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 646   View pdf image (33K)
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