The Columbia Democrat. [volume] (Bloomsburg, Pa.) 1837-1850, 1840-04-11
RESOLUTION providing for The resum

That the several incorporated banks oil
this commonwealth are hereby required, ,on,
from and after The 18th day OF Jan. in the
year OF our Lord one thousand eight hund-
red and forIy-One,to pay on demand all their
notes, bills, desposts and other liabilities in
gold and silver coin, except such as may
have been made and created under a spe-
cial agreement, under the penalty of the for
feiture of the charters, to be declared iorfei-
ted, as hereinafter provided, of any and all
banks refusing 80 TO do, PrOUidedi That
any person or persons; from the passage of
these resolutions until the said above men
toned day, may proceed to recover and
cellect, in gold and silver coin. the liabili-
lies of and the penalties recoverable from a.
ny Of said banks, according TO the common
law in force in this commonwealth and not
otherwise.
2. ReSoEUed-That If any bank within
this commonwealth shall at any time after
the said fifteenth day of January. A. d.
eighteen hundred and forty-one, refuse 10
pay on demand, its notes, bills, deposits, or
other Liabilities In gold or silver coin,except
such as may have been made and created
under special agreement, its charter shall,
for any such REFUSAL be declared forfeited,
as herein provided. And it shall and may
be lawful for any person or persons, or the
agent of any body corporats, who shall
have been refused gold and silver as afore.
said, to make an oath or affirmation before
the court of common pleas Of the county in
which such banks is situated, or, in vaca-
lion, before the presidentjudge thereof, of
the fact, and upon such oath or affirmation
beirg made, it shall be the duty of the said
court, or in vacation of the president judge
thereof, TO appoint the tenth jurdicial day
thereafter, as the time and the loom where
the court OF common pleas of such county
is held, as the place, for the hearing of the
said information; and ii shall be the duty OF
such SAID court of common pleas, or in va
cation of the president Judge thereol,to give
or cause TO be given at least eight days no
tice thereof to the president or cashier Of
such bank, ard also 10 give OF cause TO be
given reasonable notice thereof to the dep
uIy attorney general for such said county,
whose duty II shall be 10 attend AMI prose-
cute the same on the part Of the common
wealth, and in case that officer shoulG neg
ecl or fail to appear and prosecute the same
the person or persons or body corporate,
making information as aforesaid shall be au-
thorizsd TO employ counsel TO prosecute the
same ,and the court OF common pleas OF such
said county, or in vacation the president
Judge thereof, shall reduce to writing the
evidence given OH the part Of the common
wealth, and also the evidence which may
be given by or on the part Of such said
bank, to disprove or rebut the evidence on
The part Of the commonwealth, and il the
allegation or information charged shall bo
substantiated by the testimony, TO the sat-
isfaciion OF such said court, or president
Judge, as the case may be, the said court
or president Judge thereof, the money be-
ing unpaid, shall Immediately cause the
same to be filed in such said court, and on
the same being done, the charter of such
bank shall be absolutely forfeited, and the
said court, or vacation, the president Judge
thereof, shall thsreupon issue writ direct
ed 10 the sheriff OF the said county, Tequir-
ing him 10 close said bank forthwith, and
deliver over TO three such trustees, APP
pointed by the said conrt or Judge, and nam
ed in said writ. who shall not be stockhol-
ders in said bank. or in any wise concern
ed, directly or indirectly. therein, full pos.
session of the books, moneys, keys, proper
iy and effects of said bank, which said trus-
tees shall give bond to the commonwealth
before the issuing of the said writ in such
sum and with such security as the said
court or in vacation, the said Judge may di-
rect, for the faithful performance of their
duties, and shall be sevsrally sworn or af.
frmed faithfully and truely to discharge the
duties herein required, and the said trustees
shalt proceed to settle up and close the af-
fairs of any such bank, according to the
provisions of the present existing laws in
relation 10 banks whose charters have been
forfeited. Provided hdWtUer, That the
said banks be liable for the fulflIment of all
contracts and engagements previously made
and entered into by it, and except, also, that
the trustees whose appointments is provided
for by this resolution, shall have power to
use the corporate name Of said bank, and
be capable Of ful6llment of anv contract or
engagement entered into with said bank pre-
Viously to said forfeiture.
3. ResolUed-Thst the wilful and delib-
crate false swearing by any officer or agent
of any bank, or any person to or in relation
TO any statement or statements required by