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ART. XXIII] DISSOLUTION. 105
be passed, the State Tax Commission shall pass such order dissolving
such corporation, and a copy thereof for recordation shall be forwarded
by the said Commission to the clerk of the Circuit or Superior Court,
as the case may be, where the certificate of incorporation is recorded,
and a copy thereof for recordation shall also be forwarded to the Sec-
retary of State, if the certificate of incorporation is recorded in the
office of said Secretary of State.
If any stock of the corporation has been issued, a resolution authoriz-
ing the dissolution shall be passed by a majority of the directors and
a majority in amount of stock outstanding at meetings duly warned
according to law, and if more than one class of stock, then by a majority
of each class, and in such case the petition shall be valid if sworn to
and filed by the president and secretary, or by a majority of the direc-
tors, provided that in all cases a certified copy of such resolution shall
be filed as an exhibit with the petition.
Accompanying the filing of any petition heretofore referred to with
the State Tax Commission, there shall be a fee of fifteen dollars, out
of which shall be paid the cost of advertising and for the balance, the
State Tax Commission shall account quarterly to the Comptroller of
the Treasury and pay the same to the Treasurer for the use of the State.
The State Tax Commission shall in no case pass an order of disso-
lution when it appears that such corporation has assets, liabilities, or
outstanding contractual obligations.
78.
See notes to section 79.
79.
The appointment of receivers under this section does not affect the Hen
of a mortgage or the power of sale therein; the possession of the receivers
is the possession of the court; the receivers hold the property subject to
the mortgage and may only sell the equity of redemption save by the
written consent of the mortgagee. Hence an appeal by the mortgagee
from an order appointing receivers will be dismissed ; he should apply to
the court for permission to sell the property, and if the court refuses, an
appeal lies. Man'fr's & Merchants Co. v. Pyles, 125 Md. 321.
Process.
1904, art. 23, sec. 410. 1888, art. 23, sec. 296. 1884, ch. 316. 1892, ch. 601.
1900, ch. 21. 1908, ch. 240, sec. 62. 1916, ch. 596, sec. 87.
87. Process issued by any court or justice of the peace of this State
against any corporation thereof may be served on any resident agent
or director of the corporation or on its president, or on any vice-presi-
dent, secretary or assistant secretary, treasurer or assistant treasurer,
and if none of the above reside in this State such process may be served
on any agent or other person in the service of the corporation; pro-
vided, that in all cases mentioned in this Section, the officer serving
process shall leave a copy thereof with the person upon whom it is
served. Every corporation of this State may be sued in any County or
in the City of Baltimore, as the case may be, where its principal office
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