The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-06-16

satisfaction of the same out OF the assets in hands
3 of such commissioner, the court shall order
and direct; and all such claims and demands not
prosecuted, proved and established according to
the provisions of this act within the time allowed
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
covery otherwise than is herein provided shall on
. the pea of the commissioner OF such Bank be
abated, or on his motion be dismissed
Sec q. BE ii furfbe5. e,sactel That ii shall not be
necessary in any bill flied under this act, to make
any particular persons or corporations parties by
naine but it shall be sufficient if the defendants
be denominated creditors of the particular Bank
i'll behalf of which suit may be instituted; and
notice of the bill shall be published for the space
or thirty days so soon as 1t may be filed in at least
fifteen newspapers, one of which shall be pub
lshed in the City of Raleigh; i'll the city of
Charleston, s. C.; one in the city of Richmond,
city of Philadelphia one in the city of New ork
one in the city of Augusta, Ga; one in the city of
Montgomery, Ala; one in tho city Of n. Orleans !;
and one in the city of Nashville, Tenn.
Sec. Z. Belt 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 as may be necessary
or required for eXpediting the settlement of all
cont OVERSEES between any commissioner appoint
ed under this act, and other parties, for the guild
ance and instruction of any commissioner in any
matter connected with the discharge of his duties,
for the removal or appointment of Il commission
er, or for the speedy execution of any of the
powers by this act conferred on court of equity.
Sec. 8. BE 1t further enacted, That the filing by
or on behalf of any Bank, of bill in the court ut
equity, under the, provisions of this act shall,
upon the appointment and qualification of q COM
missioner Hereunder, be deemed and taken to all
1ntentS and purposes to be j surrender by such
Bank of all the corporate rights and fran, ,.hscs
granted to such Bank; and all laws by virtue oi
which any such Bank then exists as corporation
are hereby repealed, and such corporation shall
be thercupon dissolved, and all the effects and
consequences following or incident to the disso-
luton of II corporation at common law shall ensue
thereon; and any statute law of this State to the
That the estate, property, and rights of action
vested i'll the commissioner provided by this
act shall not be i'm any way diverted or impaired
thereby, nor shall the rights of any creditor @!
such Bank against such commissioner or against
the estate effects vested in him. be thereby
impaired or in any way affected, and such COM
missioner shall thercupon be considered as the
Plaintiff in the pending proceedings; aud, pro
Oitel further, that should there be any bailI. .ce
remaining in the hands of any such commissioner
after the satisfaction of the claims of such credit
orS, the commissioner under the direction of the
court shall distribute and pay the same to and
among those who shall be justly entitled thereto
as having been stockholders members of such
corporation at the time of its dissolution afore-
said, or their legal representatives.
Sec. 9. Be ii Jtt,fher enacted, That all suits on
debts due the Banks contracted with u branch
Bank shall be brought in the comfy where the
branch was established, ;iiid If brought ill amy
other county may BE- dismissed Oh motion
Sec 10. BE ii further eitacted, That this act
shall be in force from and after its ratification.
Ratified the 18th day of March, lStG.]