ART. 23.] CORPORATIONS—RAILROAD. 359

more, 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 said company shall have
notice; and on hearing 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 pass such order for relieving the said petitioner or
otherwise as to justice shall appertain; and the said court shall
have full power to enforce obedience to the said order by writ of
injunction or attachment, or other process which would be ap-
plicable in the enforcement of the said order in the event that
the same had been passed by the said court in the exercise of its
general equity jurisdiction; and the said court shall have power
to provide for the examination of witnesses by an examiner or
under a commission or by deposition, and for taking or collect-
ing other necessary evidence to be used at the hearing as afore-
said, and for the trial of issues involving any controverted mat-
ter of fact by a jury under the direction of the said court, if the
said court shall deem such trial to be proper; and either party
may appeal from the final order to be passed by the said court,
or any order determining the merits of the said application or
any part thereof to the court of appeals, and the said appeal
shall be heard and determined at the first term of the said court
next after the transmission of the transcript of the record of the
said appeal to the said court; and in the event of an appeal as
aforesaid, the said court of appeals shall have authority to pass
such order in relation to the costs of the said proceeding as may
seem right and proper.

Montel v. Consolidation Co., 39 Md. 164.

1880, ch. 292.

186. Nothing in this article shall apply to or authorize the
construction of any elevated railroad, or of any other railroad,
except a surface road; and no elevated railroad company shall be
incorporated except under a special charter of the general assem-
bly ; and no elevated railroad shall be constructed in or through,
the city of Baltimore, or in or through any of the counties of the
State, except under a special charter of the general assembly.