832 ARTICLE 23

An. Code, 1924, sec. 69. 1912, sec. 83. 1904, sec. 370. 1888, sec. 258. 1868, ch. 471, sec. 179.

1908, ch. 240, sec. 58.

105. If issues of fact be joined in such proceedings, the same shall stand
for trial at such time as the court shall direct and shall be tried by a jury
if either party desires it; otherwise they shall be heard and determined
by the court. If from the findings of the jury or upon consideration or
determination by the court, the court shall be of opinion that legal cause of
forfeiture has been shown, and that the piiblic interest requires that a
forfeiture should be declared, a judgment of forfeiture shall be entered and
the charter of the corporation shall thereby be annulled and vacated; and
it shall be ousted of its corporate franchises; and the court shall thereupon
appoint a receiver or receivers of the corporate estate and assets. The
powers of such receivers and all the consequences of dissolution shall be
such as are hereinabove conferred and provided by this article.

Upon a charter being annulled, held that the court would appoint receivers of the
assets of the corporation as directed by sec. 370 of the Code of 1904. State v. Easton,
etc., Club, 73 Md. 104.

Sec. 370 of the Code of 1904, referred to in holding an amendment of the charter
of the Cumberland and Pennsylvania Railroad Company invalid. State v. Cumberland,
etc., R. R. Co., 105 Md. 485.

See notes to sec. 104.

An. Code, 1924, sec. 100. 1912, sec. 84. 1904, sec. 371. 1888, sec. 259. 1868, ch. 471, sec. 180.

1908, ch. 240, sec. 59.

106. If the corporation shall neglect to plead within the times ap-
pointed and provided, the court shall proceed to hear the petition ex parte;
and if a cause of forfeiture is shown, a judgment shall be entered as is
provided in the preceding section.
See notes to sec. 104.

An. Code, 1924, sec. 101. 1912, sec. 85. 1904. sec. 372. 1888, sec. 260. 1868, ch. 471, sec. 181.

1908, ch. 240, sec. 60.

107. If the court upon a hearing, ex parte or otherwise shall be of
opinion that legal cause of forfeiture has been shown, it may, nevertheless,
in its discretion, before passing a final judgment, require the corporation
within a time fixed to remedy the grievance complained of and may suspend
the entry of a final judgment until the time so fixed, and may afterwards
refuse to enter such judgment if the grievance has been remedied.

Suit under this section sustained in Lawson et al. v. Clawson, Daily Record, Dec.
12, 1939.

The application of sec. 372 of the Code of 1904, pointed out. State v. Easton, etc.,
Club, 73 Md. 104.

Sec. 372 of the Code of 1904 cited but not construed in State v. Easton, etc., Club,
72 Md. 299.

See notes to sec. 104.

An. Code, 1924, sec. 102. 1912, sec. 86. 1904, secs. 373 and 374. 1888, secs. 261 and 262.
1868, ch. 471, secs. 182 and 183. 1908, ch. 240, sec. 61.

108. The petition for forfeiture hereinabove mentioned shall be filed
in the circuit court for the county or in the superior court of Baltimore City,
according to the location of the principal office of the corporation. And
from any final judgment or determination of the court in proceedings
hereunder, either party may appeal to the court of appeals as provided by
sections 73 and 74 of article 5 of the annotated code.

The right of appeal (under sec. 374 of the Code of 1904), upheld. State v. Cum-
berland, etc., R. R. Co., 105 Md. 490. Cf. State v. Easton, etc., Club, 72 Md. 298.

The right of removal does not exist in proceedings for the forfeiture of chartered
franchises. Bel Air, etc., Club v. State, 74 Md. 300.

See notes to sec. 104.