E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

ment proposed by this act, and in giving up the present
evidences of indebtedness, and in accepting certificates

of stock for arrear interest, and new bonds for the princi-
pal debt, and if their cestui que trusts shall at any time
seek to hold such trustees to any accountability for so
doing, such person may give this act in evidence as a
bar to such attempt.

CHAP. 132.

SEC. 4. And be it enacted, That all claimants to
whom arrear interest shall be due, who shall not, on or

before the first day of August, one thousand eight hun-
dred and fifty-two, express, in writing, their dissent from
the provisions of this act, shall be taken and considered
to have assented thereto, as fully as if such assent had
been given in writing, and if they do not surrender their
evidences of indebtedness by the first day of October,
one thousand eight hundred and fifty-two, it shall be
the duty of the said company to pursue the course pre-
scribed in the seventh section of this act, in relation to
persons, who have assented but neglected to bring in
their evidences of debt, and the same consequences and
advantages shall ensue as are therein prescribed.

Claimants not
expressing in
writing, their
dissent, shall
be taken to
have assent-
ed, &c.

SEC. 5. And be it enacted, That any creditor of said
company, who shall have assented to the provisions of
this act, shall, as against the non-assenting creditors,
notwithstanding the surrender of their evidences of
debt, and the acceptance of stock for their arrear in-
terest and new bonds for the principal of their debt,
continue to be entitled to all the benefits and advan-
tages and legal rights that now belong to them, as
fully as if such stock had not been received, and as fully
as the non-assenting creditors are or may be, until all
the creditors of the said company to whom arrears of
interest may be due, shall have assented to this act, and
no such non assenting creditor shall by any means be
benefitted, or the position of his claim be improved
by the action of those assenting to the provisions of
this act, but in any judgment, order or decree of any
court, made or given in favor of such non-assenting
creditor, the proportion that his claim would have borne
to the whole, and the position it would have occupied,
if none had assented thereto, shall be assigned to
such non-assenting creditor, and in case of suit by any
non-assenting creditor, the company is hereby author-
ised to appear in court in behalf or all or any of the
assenting creditors, and in their place, and as their agent,
to urge the claims of such assenting creditors, as fully
as they in person might or could do if no such assent
had been given.

Non-assent-
ing creditors
claim.

SEC. 6. And be it enacted, That the said company
shall be authorised to pay to the said assenting creditors

Authority to
lay assenting