| 1818.
CHAP. 177.
County courts, on
application, when
banks refuse specie
for their notes,
to issue scire facias
&c. |
LAWS OF MARYLAND.
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 country 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 authorised and empowered, to order its
clerk to issue a scire facias, in the name of the state of 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. |
After proof of serving,
court may
declare charter
forfeited. |
5. AND BE IT ENACTED, That after satisfactory
proof of 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. |
Court to appoint
commissioners to
settle concerns of
bank. |
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 books and
property of said bank of every description, to the said commissioners. |
To determine
manner of their
proceeding. |
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 stockholders;
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 discharge 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 defendant
or defendants tendering the same. |
Persons aggrieved
by commissioners
may put their
bond in suit. |
8. AND BE IT ENACTED, That any person conceiving
himself 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 refusing to
deliver up books
or property, to be
sued. |
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 commissioners, 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 |
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