LAWS OF MARYLAND.— 1818.

695

CHAPTER 177.

AN ACT to facilitate the recovery of Debts due from the several Banks in
this State, and to compel the said Banks to pay specie for their notes, or
forfeit their charters.
Other laws are, 1834, ch. 305 ; 1837,ch. 315.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That any person having a claim upon or holding a note of any
bank in this state, under fifty dollars, after demand of payment
of such claim or note at the bank, and refusal or neglect to pay,
may recover judgment for the same before a justice of the peace
of the county where the bank is established.

Bank re-
fusing pay-
ment of
note, the
same may
recovered
before a
justice of
peace.

SEC. 2. And be it enacted. That the proceedings under the
above provision shall be a summons to be served by the proper
officer on the president or cashier of the bank, or to be left at the
banking house, during the usual banking hours ; and in all

Proceedings
in such
case.

other respects shall be according to the provisions of an act,*
entitled, an act for the speedy recovery of small debts out of
court, and to repeal the acts of assembly therein mentioned, and
the supplements thereto.

* 1791, ch.
68.

SEC. 3. And be it enacted, That any bank neglecting or refus-
ing to pay its debts, shall pay an interest at the rate of six per
centum per annum, to commence from the time of demand of
payment of the particular debt, and neglect or refusal to pay.

Bank neg-
lecting to
pay its debt
to pay an
interest of
six per cent.

SEC. 4. And be it enacted, That upon application made to
any county court in this state, supported by affidavit to be filed
in the case, stating the fact, that a bank located in the county
refuses to pay specie for its notes, and upon the court being fully
satisfied that such bank does refuse to pay specie for its notes,
the said court may and hereby is authorized and empowered, to
order its clerk to issue a scire facias, in the name of the state ol
Maryland, directed to the said bank, by its corporate name and
style, to shew cause why its charter shall not be declared
forfeited by the judgment of the said court.

County
courts, on
application,
when banks
refuse spe-
cie for their
notes, to
issue scire
facias, &c.

SEC. 5. And be it enacted, That after satisfactory proof oi
service of any scire facias, issued under this act, the court may
upon proof of the fact or refusal by the bank to pay specie for its
notes, after a full investigation of the concerns and situation of
the bank, if in their judgment and opinion the public interests
shall require it, declare and adjudge the charter of the bank to
be forfeited.

After proof
of serving,
court may
declare
. charter
forfeited.

SEC. 6. And be it enacted, That the court declaring and
adjudging the forfeiture of the charter of any bank, (if in their
opinion the interest of the creditors shall require it,) shall appoint
three commissioners to settle and close the concerns of said
bank, and shall thereupon pass an order directing the president,
cashier, directors and all officers of the bank, to deliver up the

Court to
appoint
commis-
sioners to
settle con-
cerns of
bank.