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Session Laws, 1933 Session
Volume 421, Page 91   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 91

The Bank Commissioner shall have the power, with the
approval of the Governor and the Attorney General, at
any time to resume and take over the custody, control and
management of any institution which may have been ex-
empted therefrom whenever in his judgment such action
shall be in the public interest.

71B. All of the remedies at law or in equity of any de-
positor, creditor, stockholder or other person in interest,
arising out of agreements or transactions made prior to
the passage of this Act, against any banking institution
in the custody of the Bank Commissioner as provided by
this Act, shall be suspended, and the statute of limitations
against any such claims shall be suspended during the
period of one year and during such further period not ex-
ceeding one year, if any. Provided, however, that nothing
herein contained shall be construed to prevent any depositor
or creditor of a banking institution from exercising his
rights against any collateral security he may hold for his
claim, or to prevent such institution from redeeming such
collateral security, or to impair or postpone any right
of set-off, but no debtor shall have the right to set-off any
credit extended or deposit made before the passage of this
Act against any obligations arising after the passage of
this Act, and no deposit in or claim against any banking
institution at the time of the passage of this Act shall be
assigned to any debtor of such institution so as to create
a right of set-off against his indebtedness thereto.

During said period of one year and during said extended
period, if any, the assets and business of the institution
shall be deemed to be in the possession of the said Bank
Commissioner in custodia legis, and the property of said
institution shall not be subject to attachment, execution,
distraint or seizure under judicial process of any kind.

Except with respect to new deposits herein provided for,
and liabilities for transactions subsequent to the passage
of this Act, all rights to withdraw deposits from, or
assert claims against, any banking institution, under
the management of the Bank Commissioner shall be stayed
for the period of twelve months and for the extended
period, if any, provided in accordance with Section 71A of
this Act.

71C. The Bank Commissioner is hereby authorized to
restrict and prescribe the terms and conditions under which
deposits, both demand and time, and other funds and assets

 

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Session Laws, 1933 Session
Volume 421, Page 91   View pdf image (33K)
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