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

shail ee entitled to judgment at such appearance term
ana IN all cases appeal taken BY any bank or banker
from Inc judgment fany justice ofthe peacer or from
ne @ Judgment ofthe court ofcommon pleas fths plans
u shal recover as muoh in the appellate courts as he
recovered IN the court below judgment shall be rem
dered IN favor ofthe psntor the amount of such re,
coVery, together with twenty-five per centum penalty
theeon exclusive ointerest and all other peBaIues
ana IN case Appeal by any bank or banker from the
uugmen OF any justice OF the peace any suit brought
as aiosad the cause shall stand for trial at the terms of
Inc court of common pleas next after such apneaI
And upon the appeal being docketed the plaint NAV
Immediately file his declaration and if there be ten
Gays or more between the filing of such declaration g.
"e sltIlng ofthe court, the pleadngs shall be made
up as In cases originally commenced in the common
pleas under this section; but if the transcript he dock
G'eI uuthg term time, the plaintiff upon filing his
1ecIaraton. shall on motion be entitled TO rule on
me defendants. to plead in such reasonable time.
curing lhe term as the court may fix, of which rule
the defendant shall take nUice in the same manner
t1a parties are requredo take notice ofihe filing of
P9au"gs III other cases. and in cases of failure to plead
judgment may be taken by default ps in other cases.
Sec ~. Ia all cases where sui NAV be
Drought against any bank or banker, on any
OF the paper issued by such bank or banker
mentioned and described in the first section of
this act, not exceeding one hundred dollars
any justice OF the peace within the township
whe'e such bank is situated, or if eny such
Just'ce OF the peace shall refuse or neglect forth
with to act in the premises, then any iustice nr
the peace within the county where such bank
10 situated may entertain jurisdiction of sucb
SUIT; all process IN such suit may be directed
to- and executed by, any constable within the
county; all mesne process may be reiurnabIe
iof'hwish, and, upon the return thereof tho
J"s''ce may proceed 10 render judgment, and
Issue execution, and there shall be no s,av of
execution upon any judgment rendered against
any bank OF banker.
Sec. 3O' That The bonds required TO he civ.
en- by The bank commissioners shall be snoro.
we'd by the Auditor and Treasurer of Slate.
shall be filed in the Office of Secretary of State.
and no commission shall be issued by the CO.
vernon 10 bank commissioner, until his bond
he filed as aforesaid.
Sec 81. 1t shall be the duty oflhe bank com
mlssIoners, or soms one Of Them, at least once
IN every SIX months, without previous notice.
TO visit every banking institution in this State.
aud make the examinations required bv tbe
second section of the act to which this act ia
an amendment; and 10 make such examinations
more frequently than once in six months, if il
ehoulo % u11Uluu uv0UsJurJ fov-tLa- AnkE.
sately' and to visit and examine any bank when
called upon TO do 80, by any other bank.
Sec. oS' In case one or more of the bank
commissioners shall die, resign, or be remov.
90, or IN case their term of office expire. the
remaining commissioners shall have full power
TO act as If no vacancy existed. And any Of
inc SAID bank commissioners may be removed
BY joint resolution Of both branches fthe Leg
lela'ure, tor misconduct in Office, or neglect Of
official duty.
Sec. 33. That 80 much of the first, second
and third sections OF the act 10 which this act
's an amendment, as conflicts with this act, To-.
gether with the 9th, l3(h, 18th, 18th, 18th,
lNh, 10Th and 2lst section OF said act, TO which
THIS act Is an amendment, and the seventh sec-
ton OF the act amenda'ory to said act, passed
March 70, one thousand eigh. hundred and
ior'y' De and The same are hereby repealed.
provided: that nothing in this act contained
shall be constructed as to exempt any bank or
banker from any forfeiture, penalty, or liability
imposed or incurred by, or under an other act
nor to deprive the holder Of any bond, bill,
note check, or certificate Of deposit, or other
claim against any bank Of any right or remedy
under other acts; but such bank or banker NAV
at the option Of such holder, be proceeded a.
ga'nss IN the same manner as if this act had
not been passed..
SEC "a That il any bank officer, director
ob or other person connected with any bank
ing institution in this State, shall embezzle.
conceal or in any way destroy, any property,
money, or effects Of such bank, IN anicipa-
ton Of The Insolvency of such bank, or shall
refuse to deliver over to the receivers who
may be appointed by any judge or court, under
Inc provisions OF this act, any of the proper
", money, or effects Of such bank, which he
or they may be in possession Of, or may have
charge Of or shall obsIruct or hinder the afore,
said receivers, or either OF them, in tho proper
discharge OF their duty according to law, ev-
cry person so offending shall be deemed gull
~ OF mIsdemeanor, and on conviction there.
OF shall be imprisoned in The penitentiary, and
Kept at hard labor not more than ten years nor
less than one year.
Sec. 30. The second section of this act
shall take effect from the passage thereof, and
The other sections Of this act shall take effect
and be in force from & after the fourth day of
March, A. D.sone thousand eight hundred
and forty two; and it is thereby made the duty
Of the Auditor Of State 10 send an authenti-
Gated copy OF this act to each Of the banking
institutions ofthis State forthwith after its pas,
sage.