ART. 23] ABUSE—MISUSE—NONUSE. 691

1888, art. 23, sec. 256. 1868, ch. 471, sec. 177.

368. The said corporation, by the day named in said order,
unless further time be granted by the court, shall file an answer
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.

Ibid. sec. 257. 1868, ch. 471, sec. 178.

369. The petitioner 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. 258. 1868, ch. 471, sec. 179.

370. 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 con-
sideration and determination 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 corporation shall thereby be annulled and
vacated, and all its corporate 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 corpora-
tion, in the same manner and with like powers as provided in
sections 381 and 382 of this article in reference to dissolution
of corporations on bill filed therefor on their own motion.

Ibid. sec. 259 1868, ch. 471, sec. 180.

371. If any corporation, upon whom the aforesaid petition
and rule to show cause have been served, shall neglect to file an
answer 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 forth-
with to decree the same as is provided in the preceding section.

Ibid. sec. 260. 1868, ch. 471, sec. 181.

372. If the court, either upon a hearing exparte, as provided
in section 371, or upon a hearing after answer, as provided