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Session Laws, 1823
Volume 628, Page 90   View pdf image
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90

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823

either in person, or by an agent to be appointed by the said commis-
sioners for that purpose, for all books, bonds, bills, notes, accounts,
evidences of debt, deeds, or other evidence of property or estate of
every description in law or equity belonging to the said bank in trust
or otherwise, and if the said president, directors, cashier or other of-
ficer, or agents, or any of them, shall refuse or decline to deliver to
the said commissioners or agent appointed by them for that purpose
any bond, bill, note, amount, evidence of debt, deed, or other evi-
dence of property, or estate of any description in law or equity belong-
ing to the said bank in trust 01 otherwise, in his or their possession,
or under his or their control and direction, upon being called upon as
aforesaid, such president, directors, cashier, officers or agents, or any
of them so refusing or declining, shall be liable to be sued by said
commissioners in the corporate name of the Cumberland Bank of Al-
legany in a special action on the case, and the jury shall give a ver-
dict for full damages, and the court before whom the recovery shall
be had, shall trible the said damages, and give judgment therefor with
costs, and the said commissioners moreover shall have full power
and authority in the corporate name of the Cumberland Bank of Al-
legany, to institute and carry on to final hearing such proceedings in
any court of equity, as they may deem necessary, and to carry on to a
final hearing or judgment if they deem it necessary, such equitable or
legal proceedings as the president and directors of the said bank may
have heretofore instituted in any court of law or equity, and which
may be now pending.

Powers.

4. And be it enacted, That the said commissioners in conducting
the affairs of the said bank to a final close, shall have full power and
authority to use the corporation seal, and the name and style of the
Cumberland Bank of Allegany, and by such name and style to sue
and be sued, plead and be impleaded, defend and be defended; in
any court of record, or in any other place whatsoever.

Monies, pro-
perty, &c.

5. And be it enacted, That the said commissioners in settling and
closing the concerns of said bank shall have the monies by them col-
lected from time to time deposited in some chartered bank in the
state of Maryland, until dividends thereof shall be made by them,
and the said commissioners shall have full power and authority to
purchase any estate or property, real, personal or mixed, or any chose
in action for debts due to the said bank, and to take deeds, transfers
and assignments therefor in the corporate name of the said bank, and
in like manner the same to sell, transfer, assign and convey for the
benefit of the stockholders.

Responsibi-
lities, vacan-
cies, &c.

6. And be it enacted, That a majority of said commissioners shall
have full power and authority to discharge all the duty, and to exe-
cute all the power hereby vested in said commissioners, and they are
hereby exempted from all suits against them in their private or indi-
vidual capacity on account of what they may legally do or omit to do,
in their capacity as commissioners, and that no commissioner ap-
pointed in this act shall be answerable in his person or individual
property for any contract or engagement of said company, or for any
losses, deficiencies or failures of the capital stock of the said compa-
ny, but the whole of the capital stock of the said company, together
with all property, estate, rights and credits belonging to the said in-
stitution, and nothing more, shall at all times be answerable for the
demands against the said company, and in case a majority of the said
commissioners shall refuse to act, or afterwards resign or die, the



 
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Session Laws, 1823
Volume 628, Page 90   View pdf image
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