Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1840-04-10
THE RESUMPTION BILL.
As 10 passed both branches Of the
IagiSlafRre.

DdHkS, anu tOT OtHeF purposes.
That the several incorporated banks o
this commonwealth are hereby required
on, from aud after the | 5th day OF Janua
ry, ls41, TO pay on demand all their notes
bills, deposits and other liabilities in golo
and silver coin, except such as may have
been made and created under a specia
agreement, under the penalty of the for
fciture of the charters, to be declared for
feited, as hereinafter provided, of any and
all banks refusing to do SO. PrOUaded
That any person or persons, from the
passage Of these resolutions until the said
above mentioned day, may proceed to re.
cover and collect, in gold and silver coin,
the liabilities of and the penalties recov-
erahle from any of said banks, according
to the common law in force in this COM
monwealth and not otherwise.
9. ResoiOed, that if any bank within
this commonwealth shall at any time af.
ter the said 18th day of January, 1s41,
refuse TO pay on demand, IFS notes, bills,
deposits OF other Liabilities in gold or Sill
yer coin, except such as may have been
made and created under a special agree
ment, its charter shall, for any such refu-
sal, be declared forfeited, as herein provi-
ded And it shall and NAV be lawful for
any person or persons, or the agent of any
body corporate, who shall have been re-
fused gold aud silver as aforesaid, to make
an oath or affirmation before the court of
common pleas of the county in which
such bank is situated, or, in vacation, be-
fore the president judge thereof, of the
fact, and upon such oath or affirmation
being made, ii shall be the duty of the
said court, or IN vacation of the president
judge thereof, to appoint the tenth judicial
day thereafter, as the time and the room
where the court of common pleas of such
county is held, as the place for the hear
ing of the said information, and il shall
be the duty of said court of common pleas
or in vacation of the president judge
thereof, to give or cause to be given al
least eight days notice thereof to the pres
ident or cashier of such bank, and also 10
give or cause to be given reasonable no.
tce thereof 10 the deputy attorney gen
eral for such said county, whose duty it
shall be to attend and prosecute the same
on the part of the commonwealth, and in
case that officer should neglect or fail to
appear and prosecute the same, the per-
son or persons or body corporate, making
information afarAsaia- shall he aiithar-
ised to employ counsel to prosecute the
same, aid iine court of common pleas Of
such said county, or in vacation the pres
ident judge thereof, shall reduce to wri-
ting the evidence gwen on the part of the
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 common
wealth, and if the allegation or informa-
tion charged shall be substantiated by the
testimony, 10 the satisfaction of such said |
court, or president Judge, as the case may
be, the SAID court or president Judge |
thereof, the money being unpaid, shall
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
in vacation, the president judge thereof,
shall therenpon issue writ directed TO
the sheriff of the said county, requiring
him to close said bank forthwith, and de-
lIvered over to three such trustees, ap-
pointed by the said court or judge, and
named in said writ, who shall not be
stockholders in said bank, or in any wise
directly or indirectly, therein,
full possession of the books, moneys, keys,
property and effects Of said bank, which
said trustees shall give bond to the com.
before the issuing Of said writ
in such sum and with such security sthe
,aId court, or In vacation, the said Judge
nay direct, for the faithful performance
IF their duties, and shall be severally
worn or affirmed faithfully and truly 10
discharge the duties herein required, and I
he said trustees shall proceed to settle
lp and close the affairs of any said bank, .
ccordins 10 the provisions Of the present
'tisting laws in relation to hanks whose
harters have been forfeited Prorided
ozoeUsr, That the said banks be liable for
he fulfiIment Of all contracts and engage. {
nents previously made, and entered into :
y it, and except, also, that the trustees
'hose appointment is provided for by this
esolution, shall have power to use the
name Of said bank, and be ca. '
able of compelling the fulfiiment Of any il
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