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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1388   View pdf image (33K)
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1388 ARTICLE 32A

poration concerned in the issuance, sale, offer for sale, promotion, ad-
vertisement or distribution of any stocks, bonds, notes, shares, profit sharing
agreements, service agreements, membership certificates and trustees cer-
tificates, or other securities within the State of Maryland, to file any
statement or to furnish any information, books, papers or records re-
quired by the Attorney General, or his duly authorized assistant, to be
filed or furnished in connection with such investigation under this sub-title,
the Attorney General may issue his order under Section 15 of this Article.
Secs. 14-17 not repugnant to art. 27, sec. 184. State v. Coblentz, 167 Md. 528.

An. Code, 1924, sec. 12. 1920, ch. 552, sec. 12. 1931, ch. 271, sec. 12. 1937, ch. 348, sec. 12.

15. The Attorney General may, upon evidence satisfactory to him, that
in the issue, sale, promotion, negotiation, advertisement of, or distribu-
tion of any stock, bonds, notes, shares, profit sharing agreements, service
agreements, membership certificates and trustee certificates, or other se-
curities within the State of Maryland, any person, partnership or corpora-
tion 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, and from the further
sale or offering for sale of such securities within this State. If it shall
appear to the Attorney General that an irreparable public injury is immi-
nent, 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 any one 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
corporation; 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 aforesaid shall be prima facie proof of the service of the
same, as aforesaid.

An. Code, 1924, sec. 13. 1920, ch. 552, sec. 13,

16. Any person, partnership or corporation affected or aggrieved by
the order of the Attorney General under Section 15 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


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1388   View pdf image (33K)
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