The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-09-13
The N. C. Banking Law.
AN ACT TO ENABLE THE BANKS OF THE
STATE TO CLOSE THEIR BUSINESS.


| solutely necessary that said Banks should close
their business, and renders further continuance
of their corporate existence idle and useless to the
Section /. Be it enacted By the General assembly
of the State of North Carolina, and 1t is hereby
I of any Of the Banks chartered by the
| General Assembly of this State sh.ll be unwilling
to close the business of their Banks by an assign
and effects of such Bank Tor the benefit of its
creditors and to close its business ana surrender
their chartered rights and franchises In CONFORM
ty with the subsequent provisions OF this act
such Stockholders may by their bill in equity IN
the name of such Bank filed in the Court OF Equity
OF the county in which the principal Bank or any
tors of such Bank to prefer and estaolsh tnelr
demands within such time (not less than twelve
months after decree therefOr) as shall be allow ed
by the Court. The Court shall upon filing such
bill appoint as commissioner suitable person
acquainted with the business of such Bank, who
shall be paid for his services such sum as may be
allowed by the court. Such commissioner shall
give bond with ample security, payable to the
State for the faithful discharge of his duties in
such sum as shall be approved by the court,
which bond shall be filed in court and may DC
sued on for the use of such persons as the court
may allow.
Sec g. Be it further enacted, That the commits
sioner appointed as aforesaid upon fling the bond
required of him, shall forthwith become, and SO
long he shall contiue such commissioner ana
longer shall be vested with all the estate, ef-
fects and rights of action which such Bank posses
sed, had or held or was vested with at the Time
of filing such bill, and which such Bank could at
that time have lawfully sold, assigned or trans
ferred including all debts due to such Bank or to
any person for its and all liens and securities
therefor. The court may require such Bank by
its Cashier other proper officer to endorse
without recourse, all such bills notes, draw all
such checks or orders for money and execute such
other paper writings as the court shall deem ne
cessary useful to enable the commissioner TO
demand or recover and receive the estate ana e1-
fects of such Bank for the benefit OF its creditors
The commissioner shall have the like remedy to
and receive all the estate debts and effects
belonging to such Bank at the time OF filing lis
bill, as such Bank might have had if no proceed
ings had been had under this act and should any
such Bank have made any sale or transfer OF its
property effects, fraudulent as to its creditors
but valid as between the parties, in such cases
such commissioner shall stand in the place OF the
creditors, and may recover and receive such pro-
perty or effects trauduenty sold or transferred,
although such Bank could not have done SO. In
all suits prosecuted by such Commissioner at
law or in Equity the plaintiff shall be styled THE
COMMISSIONER" (adding thereto the name of the
particular Bank for which he has been appointed
the COMMISSIONER and if at the time of filing
such bill by any Bank any action ut law or pro-
cecding suit in Equity shall be pending in the
name of such Bank for the recovery of any estate,
debt or demand which might or ought to be vested
in such Commissioner as aforesaid, such Commits
sioner shall be admitted to prosecute the same IN
like manner and to like effect; and no suit pend
ing at any time for the recovery of any estate,
debt or demand in the name OF such Commission
err shall be aba ed by the death or removal of such
Commissioner, but Commissionerto be appoint
ed in such Gas is hereinafter provided) shall
be admitted to prosecute the same in like manner
and to like effect if the same had been origin
ally commenced by him.
Sec g. Be it further enacted, That the Commits
sioner aforesaid shall in all things connected with
the discharge of his duties as Commissioner, act
under the direction and orders of the court; and
if any such Commissioner shall refuse or unrea-
sOnably delay or neglect to obey any rule ORDER
or decree of the court it shall be the duty of the
court to remove such Commissioner; and upon
such removal or upon any vacancy by death or
otherwise the court shall appoint some other
person Commissioner who shall enter into bond
in such sum the court shall direct in like man
ner and for the like and purposes as provided
in cases of the Commissioner first appointed;
and thereupon all the estate, property, effects
debts and rights of action vested in such Bank
disposed of by any former Commissioner, shall be
forthwith vested in such new commissioner as
legally and etfcctually if he had been the COM
first apponted; and the court shall have
the mower TO require any former commissioner or
the representative of any deceased commissioner,
to surrender to such new commissioner any such
estate, effects, money or evidence of debt which
of right should be in the hands possession of
such new commissioner.
Sec t. Be further enacted, That all demands
of creditors may be preferred and proved before
such commissioner, and for all purposes connect
ed with the investigation of the demands of any
person claiming to be creditor as aforesaid, the
commissioner shall have power to administer all
oaths required in the course of such proceedings
Any supposed creditor whose claims shall be
wholly or in part disallOwed by any commission
er, may appeal to the Court, where the same shall
be determined according to the course of the
Court, decided at law, as the court may direct
and in all such appeals the case shall be docketed
i'll the name of the creditor against "The Com
missioner of ~ adding the name of the Bank
of which he is commissioner and shall be tried
and determined as like suits between other parties
In all cases in which any such commissioner shall
be party, whether plaintiff or defendant and it
shall appear that there has been mutual credit !
given by the Bank, and any other corporation or
any person who is the opposite party, there are
mutual debts between them, whether such debts |
be due and payable or not, the account between |
the parties shall be stated, and debt shall be
set off against the other, and the balance of such
account only shall be allowed paid either
side respectively and the costs in all shall
be paid by either party as the court shall direct
The commissioner shall from time to time pre- |
pare statements in writing of all claims allowed
by him; showing the character of such claims and !
the evidence on which their validity is based (; |
and there shall be application of any funds in
the hands of such commissioner to the satisfac- |
ton in whole or in part of any claim whatever, |
except under rule or order of the court there |
for. !
Sec. s. Be it further enacted, That the court shall
make all proper orders and DEGREES for the collec
ton of the assets of such Bank, of every nature
and description, and for the payment of the costs
and expenses incident to the proceedings. The |
creditors whose claims and demands have been
proved and established as aforesaid against the |
estate and effects of such Bank in the hands of the
shall be entitled to payment in
satisfaction of the same out of the assets in hands
of such commissioner the court shall order
and direct; and all such claims and demands not
proved and established according!to
by the decree of the court therefor shall be barred
of recovery by any action at law other proceed
ing in equity and any suit brought for their re-
covery otherwise than is herein provided shall on
the plea of the commissioner of such Bank be |
abated, or on his motion be dismissed.
Sec. 6. Be it further enacted, That it shall not be
necessary in any bill filed under this act, to make
any particular persons corporations parties by
name, but it shall be sufficient if the defendants
be denominated creditors of the particular Bank
in behalf of which suit may be Instituted; and
notice of the bill shall be published for the spacl
of thirty days as it may be filed in at least
fifteen newspapers, one of which shall be pub
lished in the City of Raleigh; one in the city of
Charleston, s. C.; one in the city of Richmond |
Va one BE-, in the city of Baltimore Md one in the
one in the city of Augusta, Ga. in the city of
Montgomery, Ala; one in the city of N. Orleans;
Sec T. Be it further enacted That any one of the
the Judges of the Supreme Court, or of the Su-
perior Courts of law and equity, shall have power
at his chambers, from time to time, to make any
such rules, orders or DEGREES may be necessary
or required for expediting the settlement of all
cont OVERSEES betw any Commissioner appoint
ed under this act and other parties, for the guild
ance and instruction of any commissioner in anY