The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-07-14
[ No. 721
AN ACT

Supplementary TO an act entitled "an act to
incorporate the State Bank of Ohio and
other Banking Companies" passed Feb
rua.y "a, l945.
Section /. Be 1t enacted by the General
Assembly of the State of Ohio, That when
ever receiver shall have been or shall here
after be appointed pursuant to the 4lst Sec
ton of the act to which this is amendatory, q
certificate by the clerk of the proper court of
the appointment of such receiver shall be
sufficient authority to him to take possession
OF the books. property, rights, credits, and
effects of every description of the independ-
ent banking company, in respect of which
he is such receiver, and shall be full author
ity to the sheriff OF the county where such
banking company is located, to give such re-
ceiver full possession of such books, proper
ty, rights, credits, and effects with the aid of
the county if required SO to do, by such re-
Ceiver.
Sec. 3. Whenever the said receiver shall
have reason to believe that any such bank
ing company has issued notes of circulation
in violation of the act to which this act is
an amendment, or that such banking CON-
pany is entitled TO any rights, credits, or eff.
fects, which have been improperly taken by
any officer, employee, or stockholder thereof,
or any other person, and which are in the
hands OF the taker or any other person or
persons, to whom the sums may have been
transferred, or into whose hands the same
may have otherwise come, it shall be the du-
ty of such receiver to investigate fully all
the facts and circumstances touching such
transaction, and for that purpose he is hereby
authorized, if he deem it necessary and pro-
per to do so, to issue subpGnas for any per-
sons found within the county, where such
subpGnas shall be issued, commanding them
to attend before him at time and place, in
such county, to be designated in the subpe-
ma, to testify, touching such matters as may
be required of them bv the receiver, and
such subpoena shall be served by the sheriff
of such county, and the receiver may also
insert in such subpoena, a clause requiring
the production before him of such books and
papers as may be designated therein, and he
shall have the same power to enforce obedi.
ence to such subpGnas, and TO punish for
disobedience thereto and for refusing to tes.
tify in such case, that justices of the peace
are clothed with in all cases of subpenas is.
sued by them.
Sec, 8. Such receiver may institute sui,
in his own name as such receiver, for all
rights, credits, and effects, belonging to such
banking company, in either the court Of com.
mon pleas or superior court of Franklin
county and upon such suit being instituted
he shall file in such court report of his do
ings, together with the testimony taken up
to that time as such receiver, and all the
testimony shall stand in all respects as the
testimony taken by master duly appointed
in such case, and any party to the suit may
except to any part of such report, and ask q
new reference, or take further testimony
and the court shall have full power TO pro.
ceed on the case, US it may deem proper a;
in other cases after reference asd report
made by a master. Provided that nothing
herein contained shall be held to deprive any
party to such suit of trial by jury where such
party would have been entitled to jury tri.
al il the receiver had filed no such report.
Sec. 4. This act shall take effect from
and after its passage.
WILLIAM B. WOODS,
Speaker of the House OF Representatives
E. BASSETT LANGDON,
President pro fem. of the Senate.
March IA, 1859.