1841.

LAWS OF MARYLAND.

CHAP. 302.

this act, any post note or other obligation which purports
on its face to be payable otherwise than on demand in gold
or silver, the charter of any bank thus offending, shall be
deemed to be forfeited and utterly null and void.

County court
or judge may
issue injunc-
tion

Sec. 5. And be it enacted, That the several county
courts or any judge thereof in the recess, are authorized and
directed in all cases where a scire facias is issued against a
bank, to issue an injunction to restrain such bank from im-
properly disposing of its funds or property, and to appoint
a receiver if the court shall deem the same necessary to pro-
mote the interest of the creditors of such hank.

Court on re-
turn of scire
facias may
adjudge char-
ter

Sec. 6. And be it enacted, That if it shall appear to the
court in the return of the scire facias under this act, that the
bank named in such writ has refused to pay in specie on
demand any debt or liability whatsoever, the charter of such
bank shall bo adjudged to he forfeited, and the court shall ap-
point three trustees, upon the recommendation in writing of
one-fifth at least of the creditors in amount, to settle up the
affairs of such bank and distribute its property and effects
among the creditors and others entitled to the same accord-
ing to their respective rights.

Trustees to
give bond

Sec. 7. And be it enacted, That the trustees appointed
in virtue of this act, shall give bond to the State, in such
penally and with such security as the court shall prescribe,
with condition for the faithful performance of the trust re-
posed in them or him, if separate bonds arc taken, and upon
giving bond as aforesaid, by all of said trustees, all the pro-
perty, estate, rights, credits and effects of such hank, shall
vest fully in said trustees, who may bring suit in their own
name or in the name of the bank, for their own use at their
election, and to prevent any difficulty concerning the pro-
perty such bank may have out of the estate, it is hereby
enacted that the court may compel any such bank to execute
a deed of assignment to the trustees.

Governor to
direct Attor-
General to
issue a sciri
facias

Sec. 8. And be it enacted, That it shall he the duty of
the Governor, upon information, that any bank of this State
has violated the provisions of this act, to direct the Attor-
ney General to issue a scire facias forthwith against such
bank; provided, that the refusal to pay any foreign or do-
mestic broker, shall not be considered a violation of the pro-
visions of this act.