422 McKIM v. ODOM.—3 BLAND.

cess, or in reference to the character of the corporation to be af-
fected by it.

* I can, therefore, feel myself at liberty to make no other
427 alteration than to settle the amount in reference to the
present value of money, and to declare, that upon the first distrin
gas to compel an appearance or answer, the sheriff shall take issues
or personal property of the corporation, to the amount of twenty
dollars; and upon the alias distringas he shall levy forty dollars:
and on the pluries distringas he shall distrain the whole of the per-
sonal estate, together with the rents and profits of the lands.
East Indict Company's Case, 1 Salk. 191.

If it shall be ascertained by the return of all these successive
writs, that the corporation has no property upon which a distringas
may be levied, or which can be taken under a sequestration, then
the bill may be taken pro confesso, and the plaintiff maj obtain
relief accordingly; Salmon v. The Hamborough Company, 1 Ca.
Chan. 204; Curson v. African Company, 1 Vern, 121; or if, having
no property, or after all its property has been sequestered, it still
stands out, and refuses to appear and answer, then, according to
what seems to be the better and more reasonable opinion, the
plaintiff may have an attachment against the members; or. at
least, those of them who have been duly summoned, or served with
a subpoena, and thus notified of the institution of the suit. Rex
v. Gardner, Cowp. 85; London v. Lynn, 1 H. Blac. 200.

If, after a decree, the corporation neglects to comply therewith,
upon being served with a copy of it according to the ancient prac-
tice; 2 Mad. Pr. Chan. 406; as recognized by the Act of Assembly;
1785, ch. 72, s. 25; now dispensed with; 1818, ch. 193, s. 4; the
plaintiff may obtain a distringas to enforce obedience to it; and
after the return of the first writ of distringas, he may have a
sequestration; Harvey v. East India Company, 2 Vern. 395: S. C.
Prec. Chan. 129; Com. Dig. tit. Franchises, E, 19: and if the sheriff
returns, that the body politic has nothing upon which the distirin
gas can be levied, then the members of the corporation may be
attached, or such other proceeding had according to the nature of
the case, and having a proper regard to the extent of the liability
of the members of the body politic, as may be deemed proper and
lawful. 2 Mad. Pr. Chan. 466; Salmon v. The Hamborough Com-
pany, 1 Cha. Cos. 204; Adley v. The Whitestable Company, 17 Ves.
324; 8. C. 1 Meriv. 107.

Whereupon it is ordered, that a writ of distringas be issued as
prayed by the said petition of the plaintiffs, which writ is hereby
directed to be endorsed and levied as above prescribed.

* Soon alter which the President and Directors of the
428 Franklin Bank of Baltimore, put in their answer, in which,
as before, they admitted that a certain sum of money had been de-