governor to institute proceedings against any corporation incorporated under the laws of this State to ascertain whether such corporation has been guilty of such misuse, abuse or non-use of its corporate powers and franchises, as by law would authorize and make proper the forfeiture of its charter, corporate powers and franchises, or against any corporation not incorporated under the laws of this State, but doing business therein under the license or authority of this State, express or implied to ascertain whether such foreign corporation has been guilty of such abuse, misuse or non-use of the powers or franchises conferred on such corporation by such license or authority, as by law would authorize and make proper the forfeiture of such license or authority, the attorney-general or State's attorney so authorized shall file in the court hereafter designated a petition in the name of the State, setting forth fully and in detail the alleged abuse, misuse or non-use, by reason whereof the said forfeiture is sought; and upon the filing of such petition, the court in which it is filed, or any judge thereof, shall lay a rule requiring the said corporation to show cause, within such time as the judge may deem proper, why a decree of forfeiture should not issue as prayed in said petition; a copy of which rule and of the petition shall be served on the said corporation by a day to be therein limited, which shall be served as other process against such corporation is directed to be served.

SECTION 2. And be it further enacted that section 375 of article 23 of the Code of Public General Laws of Maryland, title "Corporations," sub-title "Remedies for Abuse, Misuse and Non-use of Corporate Powers," be and the same is hereby repealed and re-enacted so as to read as follows:

SECTION 375. It shall be the duty of the State's attorney for Baltimore City and for the several counties in this State whenever he or they shall have reason to believe that it can be established by proof that any corporation organized under the laws of this State has assumed and is exercising in such

city or county any franchise, liberty or privilege not authorized by its charter, or that any corporation incorporated under the laws of any other State but doing business in this State under its license, and authority express or implied, has assumed and is exercising in such city or county any franchise, liberty or privilege not authorized by such license. or authority, or that any person or persons has or have assumed, and is or are exercising in such city or county, any corporate rights, privileges or franchises not granted to him or them by any law of this State, to file a bill in the Circuit Court for Baltimore City if such rights, privileges or franchises are being exercised in said city, or in the Circuit Court for any county wherein such rights, privileges or franchises may be exercised or carried on to restrain such corporation or person or persons from assuming or exercising any franchise, liberty or privilege not authorized by the laws of this State; and whenever any corporation, whether domestic or foreign, or any person or persons shall assume or are exercising the functions of public service corporations in the city of Baltimore or in any county in the State without authority of law a bill may be filed by any citizen of said city or county wherein such franchises are being unlawfully exercised in the name of the State to restrain such unlawful exercise of such franchises or privileges; but before any summons shall be issued in the name of the State upon the relation of any individual citizen the relator shall file in the court a bond to the State of Maryland in such sum as the court may deem proper to require to secure the State against any cost or expenses incident to the filing of such bill, and to secure the defendant or defendants against any costs and damages, including counsel fees, that might be sustained by such defendant or defendants by the wrongful filing of such bill; and upon the filing of any bill under this section, the court in which it shall be filed shall have power to issue the injunction either before or after hearing, and under and on such terms as it may prescribe, and generally shall have

and exercise all the powers of a court of equity over the subject matter of said bill, and all the provisions of the laws of this State relating to the granting, continuing or dissolving of injunctions in other cases, and provided for appeals to the Court of Appeals which may be applicable, shall apply to proceedings under this section.

IV.

A Bill entitled, An Act to amend article 75 of the Code of Public General Laws of Maryland, title, "Pleadings, Practice and Process at Law," sub-title, "Removal of Causes," by adding a section thereto to follow section 102, and to be known as section 102-A, providing for the giving of notices to the parties before the actual transmission of any record under the suggestion of removal.

Be it enacted by the general assembly of Maryland, That article 75 of the Code of Public General Laws of Maryland, title, "Pleading, Practice and Process at Law," sub-title, "Removal of Causes," be and the same is hereby amended by adding a section to follow section 102 to be known as section 102-A, reading as follows:

102-A. In all cases where a suggestion for the removal of a cause is filed, as provided in the preceding section hereto, it shall be the duty of the clerk of the court in which such suggestion is filed to notify counsel for all parties interested immediately the record in such cause is made up for transmission to the court to which the same has been directed to be removed, giving such parties a reasonable opportunity for the inspection of such record, and no cause so removed shall stand for trial in the court to which sent unless it shall appear from the record so transmitted, either that such opportunity to inspect the record has been given as aforesaid, or that such inspection has been waived either by a written statement to that effect filed in the cause, or

by the lapse of the time prescribed in the notice sent by the clerk as aforesaid.

V.

WHEREAS much inconvenience has heretofore been caused the public by reason of the defective and faulty indexing of the acts of the general assembly of Maryland;

And Whereas it is declared by section 31 of article 3 of the constitution of the State of Maryland that "no law passed by the general assembly shall take effect until the first day of June next after the session at which it may be passed, unless it be otherwise expressly declared therein," and whereas the practice universal of making nearly all laws passed by such general assembly take effect on a date earlier than the first day of June next after the session at which such laws were passed, virtually ignores the true spirit of the constitutional provision, and has resulted for several months after each session of the legislature in great uncertainty on the part of the public as to the real state of the Statutory Law of Maryland, thereby tending to the general inconvenience of all concerned without there being, in most cases, any public necessity therefor;

And Whereas like inconveniences have been occasioned by the delay in publishing in official and accessible form the acts of assembly enacted at the several sessions thereof;

Now Therefore, we, the members of the Maryland State Bar Association, do respectfully make the following recommendations to the general assembly of Maryland, to wit:

First. That such general assembly at the session of 1908 and thereafter biennially make appropriate provisions for the indexing of the acts passed at each session in a more convenient, modern and scientific manner.

Second. That except in those cases where it is made to appear clearly that public convenience requires acts passed by the general assembly of Maryland to become effective at

some date prior to the first day of June next, after the session at which such acts are passed, or at a later date, no provision be made for any date upon which the same shall become effective, but that the same may be allowed to be controlled by the provisions of section 31 of article 3 of the State constitution.

Third. That the general assembly shall at its session of 1908 and thereafter make appropriate provisions for the printing and distribution of officially bound copies of the acts of assembly passed at such session by date not later than the first day of June next succeeding.

VI.

A Bill entitled, An Act to repeal and re-enact with amendments section 23 of article 23 of the Code of Public General Laws of Maryland.

SECTION I. Be it enacted by the general assembly of Maryland, That section 23 of article 23 of the Code of Public General Laws of Maryland be, and the same is hereby repealed and re-enacted so as to read as follows: 23. Class 8. Class 8. For conducting or carrying on in this State and elsewhere, any lawful business not prohibited by the laws of Maryland, where the principal office and place of business of the corporation are located in this State.

SECTION 2. And be it enacted, That this act shall take effect from the date of its passage.

VII.

A Bill entitled, An Act to amend article 27 of the code of 1904, Public General Laws of Maryland, title, “Crimes and Punishments," sub-title, "Jurisdiction," by adding a new section thereto following section 433 and to be designated section 433-A.