Litchfield enquirer., 1837-07-06

is empowered to administer, and tor every wilfu and Ifase swearing in relation to the same such person shall be deemed to be guilty of perjury, and punished Iaccordngiy. And said Commissioners shall have power to compel the attendance of witnesses and the production of books and papers by suitable process, and for contempt of their process or for refusal to produce the books and papers of the bank or to an by sod he soners shall have power to suspend the operation of said bank until the next session of the General Assem- blv. And the said Commissioners shall receive for their services the sum of three dollars each per dem and their actual expenses, while employed on said business to be apporoned among the said banks ac- shall refuse to pay, it's proportion the said Comms. sioners shall report the same to the Legislature And
 in of the absence or inability of either both of said Commissioners to attend to their dutes the Gov ernor may appoint some person persons to supply his or their place or places until the next session of visions of this statute, such bank shall forfeit and pay
 to the Treasurer of this State the of one thousand dollars, be recovered by any proper action on this statute brought before any proper court in the county I where the bank is located.
 SEC. A. Whenever in the opinion of the Bank Commissioners the charter ot any bank shall be for; thereby, the said Commissioners, the Attorney of
 the State for the county in which the principal bank
 ing house of such bank is situated @ shall prefer com of Equity if in session. or to Judge of said Superior Court in vacation, stating the ground of such com
 and DS
 their charter may be revoked and annuled and their property disposed of pursuant to the provisions of this act. Whereupon said Court Judge shall forthwith issue a citation said bank directed to, and to be served upon the President majority of the Directors, and the Cashier thereof by leaving true and attested copy with each, at their last annual place of abode 1 if within the State, commanding them to appear be- fore said Court fin term tme before said Judge, if in vacation, on a day and at place named in such writ of injunction should not issue, enjoinng such bank from further exercising the powers and franch ses conferred by it's charter And if upon the exam
 nation of the President Directors, or Cashier, and such other testimony as may be adduced, the said Court or Judge shall be of opinion that the charter of such bank forfeited, or the public in danger of and required to issue njunction to the President, Directors, Cashier and other Agents of such bank joining them from proceeding in transacng the busi thereof and to appoint not exceeding three dis interested persons to be receivers of all the evidences of debt goods, effects, and property of every descrp tion belonging to such bank, who shall give such bond to the Treasurer of this State as such Court Judge shall direct for faithful discharge of their trust And said Superior Court shall have power to remove any and all of said receivers and fill any vacancies that SEC. l5. The receivers SO appointed shall have power in the corporate name of the bank, or in their ownnam as receivers, to commence and prosecute all suits in law equity, and defend in all where the bank is made defendant and to receive all evidences of deb goods, effects, and property of every description belonging to such bank and to do and execute all other acts and things in the name of such bak or in their own names as receivers which may be necessary and proper in the execution other ! trust And shall be clothed with the powers and rights for the collection of debts due to such bank for the recovery of property belonging thereto which the corporation possessed in virtue of its charter be- | fore such injunction issued
 time for the creditors of the bank to present their claims to said receivers and direct public notice to be given thereof and all claims not presented within said time shall be barred )-the receivers shall allow all just claims against the bank collect its debts, sell it's prop erty, and convert all it's funds into money, and make report of claims on the bank allowed and disaowed, and of their other proceedings to the said Court at such time or times, and in such manner as the Court shall direct or approve, and give such notice as the shall creditor Se e, whose eh power on hearing the complaint of any person who may be aggeved by the proceedings of the receivers, to grant such relief as the nature of the case may re- qure. And said Court may make such rules and or des as to the proceedings of the receivers, to their compensation and other expenses. and the dis trbution of the effects payment of the debts and set clement of the concerns the bank as in their opinion may be just and in conformity to the provisions of this Act And said Superior Court at any. term thereof subsequent to the issuing of said injunction, may up on hearing of all the parties, If deemed proper; de- clare the charter of such bank to be null and void SEc. l7. The avals of the property. of the bank shall be appropriated by said receivers in the follow ing manner, viz 1st. To the payment of the charges and expenses of settling it's concerns-2d. To the payment of the bank notes and bills in equal proportion -3d the payment of all deposites by the Treasur- CT of the State, by other persons4 To the pay ment of all sums which have been subscribed and paid in by the State or the School Funds. To the payment of all the other liabilities in equal proportion. Lastly the surplus shall be paid and distributed among | stock SEC. 1S. All payments and conveyances made by any such bank in contemplation of insolvency, to or for the use of any, all ofts creditors, with the fraud ulent intent to prevent the distribution and appropra
 on ot eects as prescribed m this act, shall be ut SEc l9. If the President Directors, Cashier, or Agents of any bank which shall be enjoined as afore- said or any other person being requested thereto, shall wilfuy neglect refuse 10 deliver to the receiv CTS of such bank such evidences of ttle debt goods effects and property of any description, belonging to such bank in their possession, or under their con trol, each person so offending upon information and conviction of such offence before any of compe- tent jurisdiction shall be sentenced to pay fine to ana tor the use ot the State not exceeding ten thou
 sand dollars, or to be imprisoned not exceeding three years' or both, at the discretion of the court.
 | STIIIMAN K. WIGHTMAN,
 Speaker of the House of Representatives EBENEzER SToDDARD, President of the Senate.
 HENRY w. EDWARDS.
 An Act in addition to the Act entitled tan act pro-
 vidlng for the care and government of Idots Luna- tics and spendthrfts.
 SEC. l. Be I enacted by the Senate and House of
 Representatives in General Assembly convened That whenever it shall become necessary for any of inc
 purposes specified in the second section of the act to
 winch ths IS an addition to sell any part of the real es
 tate ot any Idio Lunatic distracted person under the care of conservator the County Court having
 jurisdiction thereof may, for just and reasonable cause
 on he application of such conservator, order the sale
 the whole or such part of the real of such Id o Lunac distracted person. as in the judgment of
 said County Court shall best promote his or her inter- est; ana may empower said conservator, or some
 other meet person to sell and convey the same in due ing bonds with surety to the Treasurer of said county
 the satlsfacon of such Court to vest such part of