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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1213   View pdf image (33K)
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DEPARTMENT OF LAW. 1213

1920, ch. 552, sec. 12.

12. The Attorney-General may, upon evidence satisfactory to him, that
in the issue, sale, promotion, negotiation, advertisement of or distribution
of any stock, bonds, notes or other securities within the State of Maryland,
any person, partnership or corporation is employing or is about to employ
any device, scheme or artifice to defraud, or for obtaining money or property
by means of any false or fraudulent pretense, representation or promise,
issue and cause to be served upon such person, partnership or corporation
an order requiring the party guilty thereof to cease and desist therefrom.
If it shall appear to the Attorney-General that an irreparable public injury
is imminent, unless such order is issued before a full investigation can be
made pending such investigation, he may issue such order, but the same
shall be accompanied with a request for information as to the facts relied
on in issuing the order, and such temporary order shall only remain in force
until such information is furnished and two days thereafter. Orders of
the Attorney-General under this section may be served by anyone duly
authorized by the Attorney-General either (a) by delivering a copy thereof
to the person to be served; or to a member of the partnership to be served,
or to the President, Vice-President, Secretary or other executive officer or
director of the corporation to be served; or (b) by leaving a copy thereof at
the principal office or place of business of such person, partnership or cor-
poration; or (c) by registering and mailing a copy thereof, addressed to
such person, partnership or corporation at his or its principal office or place
of business. A verified return by the person so serving said order, setting
forth the manner of said service, shall be prima facie proof of the same, and
the return post-office receipt for said order registered and mailed as afore-
said shall be prima facie proof of the service of the same, as aforesaid.

1920, ch. 552, sec. 13.

13. Any person, partnership or corporation affected or aggrieved by
the order of the Attorney-General under Section 12 shall be entitled to a
hearing de novo before the Circuit Court of the County in which said per-
son, partnership or corporation has performed or is alleged to have per-
formed the acts referred to in said order of the Attorney-General, or in the
Superior Court of Baltimore City, if said acts or alleged acts occurred in
Baltimore City, or, at the option of said person, partnership or corpora-
tion, said proceeding for a hearing de novo may be filed in the Circuit
Court for the County in which said person, partnership or corporation
resides or has its principal office within the State of Maryland, or in the
Superior Court of Baltimore City, if such residence or office is in Balti-
more City. And in such proceeding any such person, partnership or cor-
poration shall be entitled to have any issues of fact arising therein deter-
mined by a jury, provided written demand is filed at the time of the
institution of said proceeding. The Court shall have power during the
pendency of the proceeding before it, to suspend or modify the order of
the Attorney-General and to enter an appropriate judgment or order at
the conclusion of such hearing to modify, affirm or set aside order. Prom
the final order or judgment of the said Court, either party to said pro-

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1213   View pdf image (33K)
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