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Session Laws, 1957
Volume 640, Page 544   View pdf image (33K)
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544                               Laws of Maryland                       [Ch. 399

tion"; Sections 210 and 225 of Article 23 of the Annotated Code of
Maryland (1951 Edition), title "Corporations", sub-title "Railroad
Corporations", be and they are hereby repealed and re-enacted, with
amendments, to read as follows:

78. (Effect of Dissolution) (a) The dissolution of a corporation
shall not relieve its stockholders, directors or officers from any
obligations and liability imposed on them by law [; nor shall such
dissolution abate any pending suit or proceeding by or against the
corporation, and all such suits may be continued with such sub-
stitution of parties, if any, as the court directs. No receiver shall
institute suit except by order of the court appointing him; and such
suit may be brought in his own name as receiver or, notwithstanding
its dissolution, in the name of the corporation, to his use].

(b) Any stockholder of a corporation dissolved by decree of a
court of this State, may plead, on behalf of such corporation, all
defenses, including limitations or laches, as effectually as the cor-
poration or its receiver, at any time before final ratification of the
auditor's account distributing the assets of the corporation among
its creditors and stockholders.

210. 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 contravention
of its duty in regard to the transportation 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 com-
pany 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 petition 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 tran-
script 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].

 

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Session Laws, 1957
Volume 640, Page 544   View pdf image (33K)
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