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41. Whenever the attorney-general of the State or the State's
attorney for the city of Baltimore or for any county of this State
shall be required by the insurance commissioner to institute pro-
ceedings against any insurance company, incorporated under the
laws of this State, to ascertain whether such corporation has been
guilty of such misuse, abuse, or nonuser of its corporate powers
and franchises, as by law would authorize and make proper the for-
feiture of its charter, corporate powers and franchises, the said
attorney-general, or State's attorney, as the case may be, so re-
quired, shall file with the Superior Court of Baltimore City, or the
Circuit Court of the county, as the case may be, a petition in the
name of the State, setting forth fully in detail the alleged abuse,
misuse, or nonuser, by reason whereof the forfeiture is sought;
and upon the filing of such petition, the court in which it is filed,
or any judge thereof shall lay a rule requiring the said company or
corporation to show cause, within such time as the said judge may
deem proper, why a decree of forfeiture should not be passed as
prayed in said petition, a copy of which rule, and the petition, shall
be served on the president, manager, secretary, or some other officer
of the said company or corporation, by a day to be therein limited,
not exceeding twenty days, as other processes against such com-
panies or corporations are directed to by served; and further pro-
ceedings shall be had in said cause in conformity with the antece-
dent sections of this article, subtitle " Proceedings against Cor-
porations. "
SUMMARY REMEDY AGAINST TRANSPORTATION COMPANIES.
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1878, c 106
Proceedings
against insur-
ance companies.
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43. If any person is or shall be aggrieved by any company in-
corporated by the laws of this State, with authority to transport
or carry persons or property for hire, by reason of anything done or
omitted to be done by the said company, in violation or contraven-
tion of its duty in regard to the transportation or carriage of prop-
erty or persons as aforesaid, it shall and may be lawful for such
person to apply by petition in a summary way to the Circuit Court
for the county or Superior Court of Baltimore City, where said
company shall have an office for the transaction of business, for
relief against the said alleged grievance, and thereupon the said
court shall appoint a short day for hearing the matter of the said
petition, of which the said company shall have notice, and on hear-
ing of the parties, or in case the said company shall fail to appear
and show cause against the said application, on examination of the
said petition and the evidence which shall or may be produced by
the petitioner in support thereof, the said court shall and may
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1876, c 221
Summary
remedy against
companies in-
corporated to
transport per-
sons or prop-
erty, for hire
39 Md 168
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