696

LAWS OF MARYLAND.— 1818.

books and property of said bank of every description, to the said
commissioners.

To deter-
mine man-
ner of their
proceeding.

SEC. 7. And be it enacted, That the said court shall determine
and adjudge the course and manner of proceeding to be pursued
by the said commissioners in the performance of their trust, and
in the collection, by instalments or otherwise, of the debts due
to the banks, always taking care of the interests of the creditors
of the bank in the first place, and then the interests of the stock-
holders ; and the said commissioners before they proceed to act,
shall jointly and severally give bond to the state of Maryland,
with security to be approved by the court, in the penalty of
such sum as the court shall think requisite, for the faithful dis-
charge of the trust reposed in them, and for the execution and
performance of any future order of the court in the premises,
which bonds 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 bonds, wherein
an authenticated copy of the same shall be offered in evidence,
the plea of non est factum shall not be received to any such
action, unless the same is verified by the affidavit of the defen-
dant or defendants tendering the same.

Persona ag-
grieved by
commis-
sioners may
put their
bond in suit.

SEC. 8. And be it enacted, That any person conceiving him-
self or herself aggrieved by the conduct of the commissioners to
be appointed under this act, may put the said bonds in suit, and
recover such damages as shall be assessed by a jury, under the
direction of the court.

Officer re-
fusing to
deliver up
books or
property, to
be sued.

SEC. 9. And be it enacted, That if any officer or director shall
refuse to deliver up to the commissioners to be appointed as
aforesaid, any books or property of the bank, the officer or
director so offending shall be liable to be sued by the said com-
missioners, in a special action on the case, for the recovery of
the value or amount thereof, and the jury shall give damages to
the said full value or amount, and the court before whom the
recovery shall be had shall treble the said damages and give
judgment therefor with costs.

Commis-
sioners may
recover
debts due
the bank.

SEC. 10. And be it enacted, That the commissioners to be
appointed under this act, may recover any debt due to the bank,
in a suit to be instituted, in the corporate name or style of the
institution.

Their
commission

SEC. 11. And be it enacted, That a commission, at the discre-
tion of the court, not exceeding five psr cent, shall be allowed
such commissioners.

Not to take
effect until
1st of Jan.
next on cer-
tain banks.

SEC. 12. And be it enacted, That this act shall not take effect,
and be in force, until after the first day of January next, in rela-
tion to any bank which regularly paid specie for its notes from
the first day of May last to the first day of October last.