Democratic standard. [volume] (Georgetown, Brown County, Ohio) 1837-1850, 1843-03-14

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proper court, at the appearance term o
said writ; and in case the execution 81
issued shall be returned unsatis6ed, il
whole or in part, for want Of property be-
ing found sufficient to satisfy the same
the said receivers shall Immediately pro
ceed TO collect an amount sufficient 10
redeem such notes from the stOckholdeTl
OF such bank, by means Of writ Of scire
facias, against said stockholders, which
writ shall recite the proceedings agains
the directors of such bank, requiring the
stockholders therein named to show cause
why execution should not be issued a
gainst him,or them, ,and execution may be
ordered BY the court, at the appearance
term Of said writ: provided; that in case
any director, or stockholder, as the case
may be, shall pay 10 said receivers his
proportional share Of the judgment, &C
cording to the amount held, before exc
cutiOn issue, then execution, under said
proceedings, BY sclre facias, shall not be
issued in the first instance against such
directors or stockholders, paying his or
their proportional share as Aforesaid; Of the
amount necessary to be raised to redeem
the Outstasding notes 0fsuch bank; but
any person holding any of the circulating
note, or notes, OF such bank, (payment of
which in specie has been refused by the
bank that issued the same, may sue such
bank therefor, by its corporate name, in
any court Of competent jurisdiction; and
in case judgment, be obtained. and the
execution thereon be returned unsatisf.
ed, in whole or in part, it shall be lawful
for such judgment creditor 10 have issu~
ed writ of scire facias, from the court
wherein such judgment was rendered,
against the directors and stockhold.
ers Of such bank, to make them parties
defendant to such judgment; and the Or
der and mode of proceeding under said
writ of scire facias, shall be the same as
is hereinbefore laid down for the direc.
ton Of said receivers; and in case such
bank shall have been placed in the hands
ofreceiverS ten days before the date of
the writ of execution against such bank,
it shall be the duty Of the sheriff, or 9TH
er officer, intrusted with the service of
said writ Of execution, to present the
same to the said receivers, and demand
payment, whose duty 1t she'll be to pay
the same, if funds be in their hands; and
it payment be refused by said receivers,
the said sheriff, or other officer, shall in.
dorse the same accordingly, and make
immediate return thereof, and the judg.
ment creditor shall be entitled to his writ
of scire facias, aforesaid, against tie d.
rs:tors and stockholders, in case the said
receivers shall not already have filed their
praecipe for a writ ofscire Eacias against
the directors and stockholders Of such
bank, as herein provided.
Sec. 6. That in case the said Re-
ceiveFs shall at any time find that the as
sets Of such bank are insufficient to meet
all valid claims against such hank, they
are hereby authorized and required to
have issued the writ of seire facias, D.
gainst the directors and stockholders OF
such bank, as hersinbefore provided, for
the purpose Of coilsctingah amount suf.
fiCient to pay all such claims for which
such stockholders and directors are indi-
vidually liable: provided, that said writ OF
scire facias, authorized by this and the
section, shall not abate for
nOnjoinder of directors or stockholders;
and If the writ be issued against more |
than one person, and it shall appear that
any one or more of the persons named in
said writ are not liable to be charged as
such directors or stockholders, it shall not
vitiate or affect the proceedings, but
any one OF more of the persons named
therein, that shall appear to be so liable,
shall be fully proceeded against: end
also, that the stockholders
nonresident within the State, may, in
likemanher, be- made parties defendant
to suck judgement or decree, upon per-
sOhal service or a copy of the scirefa.
cias, or such other notica, being given
BY publication, or Otherwise, NJ the court
may direct.
Sec. Z. The said Receivers, ap.
pointed to close npfthe affSirs Of any bank
shall pd6lsh;at least once, in some news
paper printed aud circulated in the Coun.
ty where such bank il located, q state-
ment of the active assets of such bank,
ascettaiHed as &fOFsRid, the amount Of
circulating notes Of such bank, outstand-
ing, and the amount; Ia the opinion Of
said receivers, necessary to be raised
over and R6Ovs said active assets to re.
deem such circulation; q published copy
Of which, verified by the affidavit Of the
proprietor or publisher of the newspa
pers in which The same shall have been
published, shall be fled with the pTae.
cipe fof writ Of sCire facias against the
directors aforesaid.
Sec. 9! Any director Of such bank whe
shall have been obliged 10 pay any debt
or demand against any such bank, or
claim Of any stOekhOlder sgainst the di.
rectUrs for the payment Of a debt Or DE,
mand against such bank, out Of his indi'