payment of such claim or note at the bank, and refusal or neglect to pay, may recover judgment for the same before a justice of the peace of the county or city where the bank is established, with interest at the rate of six per centum per annum from the time of the demand and refusal.

P. G. L., (1860,) art. 12, sec. 2. 1818, ch. 177.

2. Upon application made to the circuit court of any county, or the superior court of Baltimore city, or to the judge thereof in the recess, supported by affidavit to be filed in the case, stating that a bank located in the county or city refuses to pay specie for its notes, and upon the court being fully satisfied that such bank does refuse to pay specie for its notes, the said court may order its clerk to issue a scire facias in the name of the State of Maryland, and directed to the said bank by its corporate name and style, to show cause why its charter shall not be declared forfeited by the judgment of the said court.

Bank of Md. v. Ruff, 7 G. & J. 448. Planters' Bank v. Bank of Alexandria, 10 G. & J. 346.

Ibid. sec. 10. 1834, ch. 305.

3. When any such bank shall appoint a trustee or trustees for the benefit of the creditors of such bank, any court of equity having jurisdiction where the said bank is situated or has its office, may in its discretion appoint, in place of such trustee or trustees, or any of them, any other person or persons who shall be nominated and recommended by a majority in amount of the creditors of said bank, if the said court shall be satisfied that the interest of the creditors of said bank requires such appointment.

Ibid. sec. 11. 1834, ch. 305.

4. In all such cases, the majority of the creditors in amount shall have the right, on application made to the said court, to require the trustee or trustees who shall be appointed by any bank for the benefit of the said creditors, to give bond and security to the State of Maryland, in such sum and with such security as the said court may require and approve, for the faithful performance and execution of the trust; and on neglect or refusal so to do, to surrender up the trust; and the said bond

shall be filed and recorded with all other of the proceedings, and a copy of the same, authenticated in the usual form, shall be evidence.

P. G. L., (1860,) art. 12, sec. 12. 1852, ch. 314, secs. 1, 6.

5. Every bank and incorporated institution in this State which is in the habit of receiving deposits and declaring dividends, shall cause to be published in some newspaper printed in the county in which such bank or institution may be located, or in the city of Baltimore, as the case may be, once a week for three successive weeks in the month of September in each year, a list of the deposits and dividends which have been of more than three years' standing, and uncalled for and unclaimed, together with the names of the parties to whose credit they stand on the books of such bank or institution, and their respective amount; this section not to apply to savings banks, nor to institutions which receive deposits and compound the interest and dividends as they become due.

Ibid. sec. 13. 1852, ch. 314, sec. 3.

6. All the expenses incurred by the said bank or incorporated institution in making out and publishing the said lists, shall be paid out of and be deducted pro rata from the dividends and deposits unclaimed and uncalled for as aforesaid.

Ibid. sec. 14. 1852, ch. 314, sec. 2.

7. If any bank or incorporated institution aforesaid shall in any year fail or neglect to make the publication required by section 5 of this article, the president of such bank or incorporated institution shall be liable to a fine of not less than fifty nor more than one hundred dollars, to be recovered by indictment in the circuit court for the county where the said bank or institution may be located, or in the criminal court of Baltimore, as the case may be.

Ibid. sec. 16. 1840, ch. 85.

8. The courts of this State, upon petition of any party holding or being possessed in trust of the notes payable on demand or to bearer, of any insolvent banking corporation, may direct an

inspection and audit of such bank notes, and after a particular count and statement thereof, made under order of and filed in court, shall direct such bank notes to be burned or destroyed by the sheriff of the county in the presence of the petitioner or his counsel, and a report of such burning and destruction shall be made to the court giving such order.

P. G. L., (1860,) art. 12, sec. 17. 1836, ch. 272.

9. Any bank may recover on a note made payable to such bank, or made payable to any of its officers.

Ibid. sec. 18. 1834, ch. 278.

10. The comptroller shall require of the president and directors of each of the banks of this State, which, by their respective charters, are directed to furnish statements once a year or oftener to the treasurer or comptroller, to furnish such statements within the month of January in each year, and to transmit to the said comptroller an abstract of the condition of each bank as they may respectively stand on the first Monday of said month of January, so that they shall set forth the amount of their capital stock; bills in circulation, specifying the amount of the different denominations of issues; net profits on hand; balances due other banks; cash deposited, including all sums whatsoever due from the bank, not bearing interest; cash deposited, bearing interest; gold, silver and other coined metals; real estate; bills of other banks incorporated in this State; bills of other banks incorporated elsewhere; balances due from other banks; amount of debts due said bank on bonds or bills discounted, and the amount in stocks, whether of said bank or any other bank whatsoever; each of said items under distinct and separate heads; but nothing herein · contained shall diminish or impair the right of the comptroller to make such requisitions for information from said banks at other times, and as often as he shall deem necessary.

1864, ch. 13.

11. The several banks of this State now having authority to issue notes, are hereby authorized and empowered to issue twenty per cent. of their capital stock actually paid in, in notes of a less

denomination than five dollars, but no note shall be issued of a less denomination than one dollar; and nothing herein shall be construed to enlarge the total amount of the notes to be issued by any bank, beyond what is now allowed by law.

1865, ch. 144, sec. 1.

12. Any bank, savings institution or savings bank, incorporated under the laws of this State, may become an association for the purpose of banking under the laws of the United States; provided, it shall first comply with all the requirements of the act of the first session of the thirty-eighth congress of the United States, entitled, "An act to provide a national currency secured by a pledge of the United States bonds, and to provide for the circulation and redemption thereof."

Ibid. sec. 2.

13. Before any bank, savings institution or savings bank of this State shall avail itself of said privilege, and of the aforesaid act of congress, its stockholders, by and with the written advice and consent of the owners of three-fourths of the capital stock of said bank, savings institution or savings bank, or at a special meeting called for the purpose, shall decide whether the said bank, savings institution or savings bank shall or shall not become an association for the purpose of banking under the laws of the United States; and at said meeting every stockholder may cast one vote for each share of stock held by him or her; and every stockholder who shall be absent from said meeting may vote by proxy; and every executor, administrator, guardian, or trustee holding stock in said bank, savings institution or savings bank, may vote in person or by proxy, without incurring any responsibility by such vote; and the treasurer of Maryland is hereby authorized and directed to represent and vote the stock held by the State in any of the banks, savings institution or savings bank of this State; and if, on casting up the vote at the said meeting, it shall appear that the owners of two-thirds of the capital stock of said bank, savings institution or savings bank, are in favor of converting the said bank, savings institution or savings bank into an association for the purpose of banking under the laws of the United States, the directors of said bank,

savings institution or savings bank, or a majority of them, may execute the organization certificate, and such other papers as shall be necessary, and may perform all acts required by law for enabling the said bank, savings institution or savings bank to become such association.

1865, ch. 144, sec. 3.

14. Whenever any bank, savings institution or savings bank in this State shall present to the clerk of the court of appeals of Maryland, a certificate from the comptroller of the currency, setting forth under his hand and official seal, that the bank, savings institution or savings bank has become an association for the purpose of banking under the laws of the United States, the said clerk shall record such certificate, and shall send an authenticated copy thereof to the governor of the State, who, on receiving the same, shall give notice for at least three weeks in some newspaper printed in the city or county where said bank, savings institution or savings bank is located, that said bank, savings institution or savings bank has been converted into such association, and that its charter as granted by the general assembly of Maryland, has been surrendered, and thereupon all its corporate powers shall cease; provided, nevertheless, that said bank, savings institution or savings bank may continue to use its corporate name for the purpose of prosecuting and defending suits instituted by or against it, and of enabling it to close its affairs, but not for the purpose of continuing under the laws of this State, the business for which it was established; and no bank, savings institution or savings bank thus converted into a banking association under the laws of the United States, shall re-issue for circulation any of the notes issued by it during its existence under the laws of the State, for more than one year after its charter has been surrendered; provided, that the existing laws of the State providing for taxes on the State banks for the purposes enumerated therein, shall extend and apply to all State banks and other institutions availing themselves of the provisions of sections 12-16, when they shall have become banking associations under the act of congress; and all sums required by the charters of said institutions and banks to be paid to the State, shall continue as heretofore, to be paid.