ART. 23.] CORPORATIONS—FORFEITURE OF CHARTER. 385

to such petition, fully setting forth all the defences upon which
it intends to rely on resisting such application, which shall be
verified by the affirmation or affidavit of some officer of the said
corporation.

1868, ch 471, ch. 178.

257. The petitioners may thereupon plead to or traverse 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.

Ibid, sec 179.

258. 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 deter-
mination of the case by the court, the court shall be of opinion
that legal cause of forfeiture has been shown, and the public
interests require that the said forfeiture should be declared, a
decree of forfeiture shall be entered; and the charter of said cor-
poration shall thereby be annulled and vacated, and all its corpo-
rate franchises and powers shall cease, and henceforth be void;
and the court shall thereupon appoint a receiver or receivers of
the estate and assets of said corporation, in the same manner and
with like powers, as provided in sections 268 and 269 of this
article, in reference to dissolution of corporations on bill filed
therefor on their own motion.

Ibid. sec. 180.

259. If any corporation, upon whom the aforesaid petition and
rule to show cause have been served, shall neglect to file an an-
swer to the petition at the time appointed by the said court, the
court shall thereupon proceed 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 provided in the preceding section.

Ibid. sec. 181.

260. If the court, either upon a hearing ex parte, as provided
in section 259, or upon a hearing after answer, as provided in sec-
25