ART. 26.] CORPORATIONS.

85

178. The petitioners may thereupon plead to or tra-
verse all or any of the material averments set forth
in the said answer, and the said defendant shall take
issue or demur to said plea or traverse within five days
thereafter.

Pleadings.

179. If issue or issues be joined on such proceedings,
the same shall stand for trial at such time as the court
shall direct, and the said issue or issues shall be tried
by a jury if either party desire it; otherwise they shall
be heard and determined by the court. If, from the
findings of the jury or upon consideration and determi-
nation of the case by the court, the court shall be of
opinion that legal cause of forfeiture has been shown,

Joinder of
issue and trial.

and the public interests require that the said forfeiture
should be declared, a decree of forfeiture shall be en-
tered, and the charter of said corporation shall thereby
be annulled and vacated, and all its corporate fran-
chises and powers shall cease and henceforth be void,

Forfeiture of
charter.

and the court shall thereupon appoint a receiver or re-
ceivers of the estate and assets of the said corporation,
in the same manner and with like powers as is pro-
vided in sections one hundred and eighty-nine and one
hundred and ninety of this article, in reference to dis-
solution of corporations on bill filed therefor on their
own motion.

Receivers,

180. If any corporation upon whom the aforesaid
petition and rule to show cause has been served, shall
neglect to file an answer to the petition at the time ap-
pointed by the said court, the court shall thereupon pro-

Neglect to file
answer.

ceed to hear the said application ex parte, within five
days thereafter, and if it shall be of opinion that good
cause of forfeiture is shown, it shall proceed forthwith
to decree the same as is hereinbefore provided in the
preceding section of this article.

Hearing
ex parte.

181. If the court, either upon a hearing ex parte, as
hereinbefore provided, or upon a hearing after answer,
as provided in section one hundred and seventy-nine,
shall be of opinion that no cause of forfeiture has been
shown, or that the public interest do not demand that
such forfeiture should be decreed, even though legal

Dismissal of
petition.