LAWS OF MARYLAND.— 1834.

1189

ment ; and in all cases, the majority of the creditors in amount,
shall have the right, on application made to the chancellor, or
any county court, as a court of equity, to require the trustee or
trustees, who shall be appointed by any bank, for the benefit

of the said creditors, to give bond and security to the state of
Maryland, in such sum, and with such security, as the said
chancellor, or any county court as aforesaid, may require and
approve, for the faithful performance and execution of the trust,
or on neglect or refusal so to do, to surrender up said trust;
which bond shall be filed and recorded with all other of the
proceedings, and a copy of the same, authenticated in the usual
form, shall be evidence in any court of law or equity in this
state, and in any suit or suits brought on said bond, wherein an
authenticated copy of the same shall be offered in evidence, the

Required to
bond.

plea of non est factum shall not be received, unless the same is
verified by the affidavit of the defendant or defendants tender-
ing the same.

Plea.

SEC. 3. And be it enacted, That any person who may con-
ceive himself or herself aggrieved by the conduct of any trustee
or trustees as aforesaid, may put the said bond in suit, and re-
cover such damages as shall be assessed by a jury, under the
direction of the court ; Provided nevertheless, that no part of
this act shall have any effect or operation upon the deeds of
trust heretofore made by the president and directors of the

Suit
authorized.

Bank of Maryland, or the trustees appointed to administer the
affairs of that institution, or the debtors and creditors thereof, as
their legal and equitable rights respectively stood before the pas-
sage of this act.

Bank of
Maryland
eicepted.

SEC. 4. And be it enacted, That wherein any suit at law
process, as now prescribed or authorized by law, shall be served
upon any corporate body, requiring the same to appear in any
court, to such suit, and such corporate body shall not accord-
ingly appear during the term to which such process shall be
returned, or by the second day of the succeeding term, judg-

Corporation
sued and
failing to
appear, &c.

ment by default shall be entered against such corporate body,
for the amount of the claim of the plaintiff or plaintiffs, to be
proved to, and ascertained by a jury, upon inquiry, by it exe-
cuted at bar, as in cases of ascertainments of damages by a jury

Judgment
by default.

on judgments by default; and an appearance on the first or
second day of such succeeding term, shall not be allowed to
such corporate body, except on such terms as to the court shall
seem just, to the end, that the plaintiffs shall not suffer by the
delay of the defendant, in not appearing at the first term.

Not allowed
appearance
succeeding
term.
Except.