The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1842-02-24

the fact or facts ofinsoveucy or forfeiture of Charter
charged In such petition, which issues shall be tried at
me same term unless good to the contrary be
shown by either party. And if such issue or issues
shall all be found in favor of such bank the court shall
order the receivers to restore forthwith to such bank
whatsoever property or effects ofsuch bank may have
come to their hands and remain in their nossession
nu no act done by the receivers in the Performance of
tner duties shall be thereby nvaldated but shall res
main valid II such issues or any ofthem be found a.
gaos such bank the receivers shall proceed forthwith TO
close up the affairs osuch bank required BY law and
SUCH Dank shall never be pu. in operation again by any
person or persons whatever and the court shall render
decree IN such cases for the suit against such
Dan, winch costs shall be paid ont Of its assets. Ard
on the !IIa oil such Issue issues and in the further
proceedings under such petition the court may make
ana enforce such orders as may be necessary aud in &C
cordance with the practice and usages in chancery,
sec y. The Court Of Common Pleas shall when res
qulred sign aud seal bills of exceptions taken 10 any
o' us decisions or opinions given under this act prov-
Ged me same be presented during the term at which
Inc decision or opinion shall be signed and sealed after
that term unless the court be REQUIRED So TO do bv writ
OF mandamns. And the proceedings of tho court of
conmon pleas shall be bect to review on writ of er-
for or cerorar as the case may require by the Su.
Premo Court as in ordinary cases at law: but there
shai Dc no appeal from the decision of the Jury under
the eighth section OF this act provided that no ude>
ment ofreversal pronounced by the Supreme Court in
the premises shall impair the validity of any act done
Dy the receivers aforesaid in discharge the duties res
qured of them bv law.
Sec. 10. That any person being bona f1e holder of
any note or bill issued by any bank in this State calc-
lated or intended to circulate money or currency and
payment of which IN gold and silver com shall have
peen refused by such bank, within banking hours; or
having Judg nent or decree, on which an execu,on
mas been Issued and returned unsasied in whole or
IN part for want Of property being found sufficient to
sa!sly inc stne, every such person may commence a
sun oy Potlton as In chancery against such banks and
shall be the imperative duty Of the Court of Common
Ileas, or the president Judge thereof or Judge of the
supreme Court 10 whom such petition may be presen.
ted substantially setting forth either of said facts and
verified by the affidavit ofthe petitioner to allow the
writ OF injunction and to issue the mandamus provided
for in this act on the petition Of the Bank Commission.
ersi and such wrts shall be reurnabIe and receivers ho
appointed and all further proceedings under said pe,i>
'on sai IN an respects be similar to the proceedings
under petition filed by the Bank Commissioners.
Sec IL Whenever any bill petition shall be fled
or any application be mado by the bank Commission
ers or either othem nnder the provisions of this act
against any banking institution in this State, the court
snail by injunction on the application ofeither party e.
al any stage ofte proceedings restrain all proceedings
at law by any creditor against the defendants in such
suit and whenever it may appear necessary or proper
snail order notice to be published in such manner as
the court shall direct, requiring all the creditors of
such bank to exhibit their claims to the receivers (and
If necessary become parties 10 the sut yyth; S""u
reasonable tme' not less than six months from the first
publication of such order, ard in default hereofo be-
precluded from all benefit ofhe decree which shall he
made in such and from any distribution which shall
be made under such Decree
Sec u When the creditor of any bank in this
State or the receivers sueh bank shall seek to cbarpa
the president, directors, or other experimenting of,
GERS OF such bank, or the stockholders thereof on ac
count ofany individual liability of such president d
rectors, officers stockholders may in any stage of
the aforesaid proceedings against such bank be made
parties thereto by supplemental BILL and such court
shall possess full Jurisdiction and power to enforce such
liability.
Sec. l3. The receivers who may be appointed TO
take possession ofany bank and its effects under the
provisions ofts act shall before entering upon the dis
charge their duties give bond to the State of Ohio in
such sum- and with such security the judge or court
appointing them may Direct for the faithful perform.
ance ofther duty according to law and should any of
ne receivers so appointed die resign, bo removed, or
refuse to act the Judge court issuing such writ may an
point person or persons to all such vacancy; and the
bond of said receivers shall be filed with the clerk of
the court oicommon pleas of the county in which such
bank may be located, and may be sued on in the name
OF the State of Ohio, for the use of any person or per.
sons aggreved in the said receivers or either of
them shall fail to perform their duties according to law:
and SAID court shall have power at its discretion TO re.
move any or all Of such receivers and appoint others
~ !Ee s'ead ana to require of such receivers such adj
1itlonaf BOND and security they may deem
md the receivers so removed shall forthwith deliver a.
yer to their successors in Office all the assets and ecs
'f SAID bank then in their possession or custody.
Sec IA. The said receivers in addition TO The pro
Visions OF this act shall also he governed by the proyi
slons' and vested with the powers ofthe act to which
lhis act Is an amendment which relate to the powers
and duties of Especial commissioners, and which are
not repealed by this act,
sec 10 Ihe writ of mandamus, aud the bond or ths |
ecelVers shall correspond nearly as may be- 10 The
following forms Wv
NJ formof Writ Of Mandamus
ne o'ae Of ~ ONO, County, S.
LsEAL] To the Sheriff of the county of
~, greeting You are hereby commanded
"rthWlh to take possession the banking house oc>
uPled by here name the bank and its books lands pa>
ers Keys, lands, tanements, goods chateIs, moneys
hosen IN action property and effects of every kind and
escrIpuon Whatever, and wleresoever IN this State.
he same may be fOund and deliver the same unto (here
anne the receivers upon their bond in the sum of IA
lount reqnlred) dollars being filed with the Court of
common Pleas your county. Aud of this writ, and
our service make due return at the next term ofsad
our OF. forthwith, if issued in term tme.) Witness
~ hand and seal Cor issued by the court Of Common
leas. the seal ofOur SAID court this day OF
A.D., l94 "a. B. President Jndge Ofts
'c0' (or Judge @ The Supreme Court, as tie case may
s.),
Form of Rsceiuers Bond
Know all men By these presents, that we (naming
10 receivers and their suretes are held and Jointly and
'Verally bound unto the State of Ohio, in the sum of
'mounl required dollars. TO the payment of which
lld sum, well and truly to be made when there-
lto required we bind nufselves by these presents.
sealed with our seals and dated this day of