94 BANKS. [ART. 11.

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 or city where the bank is established,
with interest at the rate of six per centum per annum from the
time of the demand and refusal.

P G L., (1860,) art. 12, sec 2. 1818, ch. 177.

2. Upon application made to the circuit court of any county,
pr the superior court of Baltimore city, or to the judge thereof
in the recess, supported by affidavit to be filed in the case, stating
that a bank located in the county or city 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 order
its clerk to issue a scire facias in the name of the State of Mary-
land, and directed to the said bank by its corporate name and
style, to show cause why its charter shall not be declared for-
feited by the judgment of the said court.

Bank of Md v. Ruff, 7 G & J 448 Planters' Bank v. Bank of Alexan-
dria, 10 G. & J. 346

Ibid. sec. 10 1834, ch. 305.

3. When any such bank shall appoint a trustee or trustees for
the benefit of the creditors of such bank, any court of equity
having jurisdiction where the said bank is situated or has its
office, may in its discretion appoint, in place of such trustee or
trustees, or any of them, any other person or persons who shall
be nominated and recommended by a majority in amount of the
creditors of said bank, if the said court shall be satisfied that the
interest of the creditors of said bank requires such appointment

Ibid sec. 11 1834, ch. 305

4. In all such cases, the majority of the creditors in amount
shall have the right, on application made to the said court, 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 court may require and approve, for the
faithful performance and execution of the trust; and on neglect
or refusal so to do, to surrender up the trust; and the said bond