654 CORPORATlONS. [ART. 23

1888, art. 23, sec. 185. 1864, ch. 371. 1876, ch. 221.

273. If any person is or shall be aggrieved by any com-
pany incorporated 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 contravention of its duty in regard to the trans-
portation or carriage of property 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 the city of Baltimore, 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 applicable 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 collecting other necessary evidence to be used at
the hearing as aforesaid, and for the trial of issues involving
any controverted matter 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.