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named, as they are now given to the president and directors of the said corporation. And should it be the pleasure of the said stockholders, signified as aforesaid, to make the said change in the direction and management of the said bank, the trustee or trustees shall be elected in

the same manner as is prescribed by the charter of said corporation for And the presi- the election of directors. In such case as made and provided, the dent shall select president and directors then being shall select a commissioner to convey a commissioner to such trustee or trustees all the property, real and personal, of said trustee or trus- corporation, and all its choses in action, its rights and interests of every tees all the pro- description, whether in litigation or not, upon the condition, first, of perty, &c.

discharging all the debts due from said corporation; and, after the satisfaction of this trust, upon such other trusts, conditions and limitations, not inconsistent with the general laws for the government of the District of Columbia, or with their said charter, as herein amended, as they may

see fit to prescribe in the conveyance by which they appoint the said Proviso. trustee or trustees : Provided, however, That the charter of the said

corporation, as now amended, shall be voidable, upon any act of the said trustee or trustees, for which it might be avoided if it had been

committed by the president and directors of said corporation : And Further provi- provided also, That nothing herein contained shall be so construed as

to incapacitate the president and directors of said bank in being at the time of said election, from receiving at that election the appointment of trustee or trustees, and taking to him or them the deed of trust aforesaid, which may provide, if three trustees be selected, that any one or two may act in the case of the death or removal from the trust

of the others. After 1st July

Sec. 4. And be it further enacted, That the said corporation shall 1838, no bills, not, after the first day of July, eighteen hundred and thirty-eight, issue &c. payable to or reissue any bills, notes, or checks, payable to bearer; nor shall they bearer, shall be issued; no de

issue certificates of deposite, payable to bearer; nor shall it receive any posites, except

money or other property from any other corporation or from any person from a stock other than one of its stockholders, on deposite, and under an obligation holder, received; and no ob. to return it; nor shall the said corporation at any time after the first ligations enter- of July, eighteen hundred and thirty-eight, receive or enter into any ed into, except, new obligations or liabilities other than such deeds or assignments as &c.

may be necessary to convey away absolutely the property, real or per

of the said ban or other than the renewal from time to time of existing debts due said corporation on the receipt of partial payments, and the taking of such obligations, additional assurances, new liens, or new sureties, as may be necessary and proper for securing the collection of debts due to the said bank on the first of July, eighteen hundred and

thirty-eight, and for enforcing the performance of obligations created on Proviso. or before the day and year last aforesaid : Provided, however, That

nothing herein contained shall prevent the said corporation from employing such officers and agents as may be necessary for transacting

its affairs. Nothing here. Sec. 5. And be it further enacted, That nothing herein contained in contained shall be so construed as to destroy or in any manner impair the force shall be so con- of the obligations, rights, and liabilities, to or from the said corporation; pair the obliga. but, on the contrary, all suits, bills, plaints, informations, actions, whether tions, &c. of the legal or equitable, judgments, decrees, and executions, by or against corporation; but said corporation, shall proceed without abatement, discontinuance, or all suits, &c. shall proceed necessity for revivor, in due course of law, as if no change had been without abate- hereby made in the affairs of said corporation, and as if the charter by ment, &c.

original creation had extended to the first of July, eighteen hundred and forty-two; and in all actions, legal or equitable, and in all process by or

against said corporation, the name and style thereof shall remain the Proviso. same: Provided, however, That, if a trustee or trustees should be

elected, all summons, notices, and other process, legal or equitable,

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without abate.

shall afterwards be served upon him or them in the same manner as
before they were served upon the president and other officers of said
bank; but all acquittances for debts due to the said corporation, in any
manner whatsoever, must be given by the said trustee or trustees after
their appointment by deed as aforesaid; and in that case, and after that
event, no payment, except to him or them, or to his or their authorized
agents, shall operate as a discharge of the obligation or debt due to said
corporation. Any creditor of said corporation who shall obtain execu-
tions or attachments upon any decree or judgment, may levy the same
upon any property, real or personal, subject in its nature to such exe-
cution or attachment, and conveyed by the said corporation, as herein-
after mentioned, to such trustee or trustees; and if not enough of such
property be found to satisfy the debt, then the said trustee or trustees
shall be personally liable for the same, to the extent to which he or they
may have received property, real, personal, or mixed, from said corpora-
tion, (estimated at the time of conveyance without interest,) and may
not have applied the same to the payment of debts due from said cor-
poration.
Sec. 6. And be it further enacted, That the said trustee or trustees,

Trustee or should they be appointed, may prosecute, after the first day of July, trustees, if apeighteen hundred and forty-two, any action, legal or equitable, or judg- pointed, may, ment, decree, attachment, and execution, then in existence, or then after 1st July

1812, prosecute pending in any court having competent jurisdiction of the subject, with

any action, &c. out abatement, discontinuance, or necessity for revivor, in the same manner as if such corporation were still in existence for the uses and ment, &c. trusts of the deed hereinbefore mentioned, and under which they derive this authority. Any person purchasing from the trustees their rights Persons purand interests in said actions, legal or equitable, judgments, decrees, or chasing the executions, shall be substituted in the said privilege of prosecuting their rights. &c. of claims in manner aforesaid, in the name of the said corporation, and for said actions, his own benefit. And all actions, legal or equitable, judgments, decrees, &c. may proseattachments, and executions, against said corporation, which may be cute, &c.

All actions, pending in any court having competent jurisdiction of the subject, on &c. against said the first of July, eighteen hundred and forty-two, may proceed accord- corporation, ing to the forms of law, without abatement, discontinuance, or necessity

which may be for revivor, in the same manner as if said corporation were still in exis- July 1842, may

pending on 1st tence: Provided, however, That the said trustee or trustees, after the proceed, &c. first of July, eighteen hundred and forty-five, shall not be liable for any

Proviso. debt due from the said corporation to others than stockholders, except in those cases in which judgments, decrees, attachments, or executions are obtained upon them in actions, whether legal or equitable, which were instituted before the day and year last mentioned.

Sec. 7. And be it further enacted, That in the event of a selection In the event of a trustee or trustees as aforesaid, it shall be their duty to advertise of a selection of the fact for eight weeks successively in two of the newspapers published a trustee or in the District, one of which shall be selected in Washington, and the shall advertise other in Alexandria. And it shall also be the duty of the said trustee the fact, &c. or trustees to cause a copy of the deed conveying to them in trust as aforesaid to be recorded in the clerk's office of the court for the county of Washington, District of Columbia, and also to forward a copy of the same to the Secretary of State for the United States.

Unless the Sec. 8. And be it further enacted, That unless the president and President, &c. directors for the time being of the said corporation shall, on behalf of file with the Sethe stockholders, and in virtue of an authority from them, or from a cretary of the majority in interest and number of them, file their declaration, in in six months, writing, in the office of the Secretary of the Treasury, within six months a declaration from the passage of this act, assenting to and accepting the extension assenting to the of the charter hereby granted, under the terms, conditions, and limita- poration shall

forfeit all right tions contained in this act, then [the] said corporation shall forfeit all to the exten

right to an extension of charter. sion. This act to be

Sec. 9. And be it further enacted, That this act shall be considered considered a a public act; and so much and such parts of any act or acts heretofore public act; and

passed in relation to said corporation as may be repugnant to this act, acts repugnant hereto, repeal

be, and the same are hereby, repealed and annulled. ed.

APPROVED, May 25, 1838. STATUTE II. May 31, 1838. CHAP. XCI.-An Act to continue the corporate existence of the Banks in the Dis

trict of Columbia. (a) [Expired.)

Be it enacted by the Senate and House of Representatives of the Charters of

United States of America in Congress assembled, That the charters of Farmers' and Mechanics the Farmers' and Mechanics' Bank of Georgetown, the Bank of the Bank, Bank of Metropolis, Patriotic Bank of Washington, and Bank of Washington, the Metropolis

, in the city of Washington, and the Farmers' Bank of Alexandria, and &c. extended to 4th July,

Bank of Potomac, in the town of Alexandria, be, and the same are 1810, &c. hereby, extended to the fourth day of July, in the year eighteen hundred Proviso. and forty: Provided, The said banks, each for itself, shall conform to

the following conditions :

First. To cease receiving or paying out all paper currency of less denomination than five dollars, on or before the day of the promulgation of this act.

Second. To redeem all their notes of the denomination of five dollars in gold or silver, from and after the first day of August, in the present year.

Third. To resume spccie payments in full, on or before the first day of January, in the year one thousand eight hundred and thirty-nine, or sooner, if the principal banks of Baltimore and Richmond should sooner resume specie payments in full.

APPROVED, May 31, 1838. STATUTE II. May 31, 1838. Chap. XCII.-An Act making appropriations for the naral serrice for the year one (Obsolete.]

thousand eight hundred and thirty-eight. Be it enacted by the Senatv and House of Representatives of the United States of America in Congress assembled, That the following sums be appropriated, in addition to the unexpended balances of former appropriations, out of any unappropriated money in the Treasury, for

the naval service, for the year eighteen hundred and thirty-eight, viz: Pay of officers For the pay of commissioned, warrant, and petty officers, and of and seamen. seamen, one million three hundred and twelve thousand dollars; Pay of super

For

pay of superintendents, naval constructors, and all the civil estaintendents, &c. blishments at the several yards, sixty-nine thousand seven hundred and at yards.

seventy dollars; Provisions. For provisions, six hundred thousand dollars; Repairs, &c. For repairs of vessels in ordinary, and the repairs and wear and tear

of vessels in commission, one million two hundred thousand dollars ; Medicines,&c. For medicines and surgical instruments, hospital stores, and other

expenses on account of the sick, seventy-five thousand dollars; Portsmouth For improvement and necessary repairs of the navy yard at Portsnavy yard.

mouth, New Hampshire, twenty thousand dollars; Charlestown For improvement and necessary repairs of the navy yard at Charlesnavy yard. town, Massachusetts, seventy-four thousand dollars ;

Brooklyn For improvement and necessary repairs of the navy yard at Brooklyn, navy yard.

New York, sixty-one thousand dollars; (a) An act to revive and extend the charters of certain banks in the District of Columbia, August 25, 1841, chap. 12. An act io extend the charters of the District banks, June 17, 1844, chap. 98.

For improvement and necessary repairs of the navy yard at Philadel- Philadelphia phia, Pennsylvania, twenty-one thousand five hundred dollars;

navy yard. For improvement and necessary repairs of the navy yard at Wash- Washington ington, thirty thousand dollars;

navy yard. For improvement and necessary repairs of the navy yard at Gosport, Gosport navy Virginia, seventy-seven thousand five hundred dollars;

yard. For improvement and necessary repairs of the navy yard near Pen- Pensacola sacola, seventy-six thousand five hundred dollars;

navy yard. For ordnance and ordnance stores, sixty-five thousand dollars;

Ordnance, &c. For defraying the expenses that may accrue for the following pur

Miscellaneous poses, viz; for the freight and transportation of materials and stores of

expenses. every description; for wharfage and dockage; storage and rent; travelling expenses of officers and transportation of seamen; house rent for pursers when attached to yards and stations where no house is provided; for funeral expenses; for commissions, clerk hire, office rent, stationery, and fuel to navy agents; for premiums and incidental expenses of recruiting; for apprehending deserters; for compensation to judge advocates; for per diem allowance to persons attending courts martial and courts of inquiry; for printing and stationery of every description, and for working the lithographic press; for books, maps, charts, mathematical and nautical instruments, chronometers, models, and drawings; for the purchase and repair of fire engines and machinery, and for the repair of steam engines; for the purchase and maintenance of oxen and horses, and for carts, timber wheels, and workmen's tools of every description; for postage of letters on public service; for pilotage and towing ships of war; for cabin furniture of vessels in commission; taxes and assessments on public property; for assistance rendered to vessels in distress; for incidental labour at navy yards, not applicable to any other appropriation ; for coal and other fuel, and for candles and oil; for repairs of magazines or powder-houses; for preparing moulds for ships to be built, and for no other purpose whatever, four hundred and fifty thousand dollars;

For contingent expenses for objects not hereinbefore enumerated, Contingent three thousand dollars;

expenses. For pay of the officers, non-commissioned officers, musicians, and Pay, &c. of privates, and subsistence of the officers of the marine corps, one hun- the marine dred and sixty-two thousand and nineteen dollars;

Provisions for For provisions for the non-commissioned officers, musicians, and privates serving on shore, servants and washerwomen, forty-nine thou- sioned officers, sand eight hundred and forty dollars;

&c. serving on

shore. For clothing, forty-three thousand six hundred and ninety-five dollars;

Clothing For fuel, fifteen thousand eight hundred and four dollars;

Fuel. For keeping the present barracks in repair until new ones can be Repair of bar. erected, and for the rent of temporary barracks at New York, ten thou- racks, &c. sand dollars;

For transportation of officers, non-commissioned officers, musicians, Transportaand privates, and expenses of recruiting, six thousand dollars ; For medicines, hospital stores, surgical instruments, and pay of

Medicines,&c. matron, four thousand one hundred and thirty-nine dollars;

For contingent expenses of said corps, freight, ferriage, toll, wharf- Contingent age, and cartage, per diem allowance for attending courts of inquiry, expenses. compensation to judge advocates, house rent where there are no public quarters assigned, incidental labour in the quartermaster's department, expenses of burying deceased persons belonging to the marine corps, printing, stationery, forage, postage on public letters, expenses in pursuing deserters, candles and oil for the different stations, straw for the men, barrack furniture, bed sacks, spades, axes, shovels, picks, and carpenters' tools, seventeen thousand nine hundred and seventy-seven dollars and ninety-three cents;

Vol. V.-30

corps.

non-commis.

tion.

Military For military stores, pay of armorers, keeping arms in repair, drums,
stores, &c. fifes, flags, accoutrements, and ordnance stores, two thousand dollars;

Hospital near For erecting and furnishing a new hospital building, and for a dwell-
Pensacola.

ing for an assistant surgeon; for the repairs of the present building, and
for all expenses upon their dependencies near Pensacola, thirty-one thou-

sand five hundred dollars;
Hospital near For erecting a sea-wall to protect the shore, for enclosing the hospi-
Norfolk.

tal grounds, for completing the basement of south wing, and for all
other expenses upon the dependencies of the hospital near Norfolk, nine

thousand dollars;
Naval asylum For graduating and enclosing the grounds about the naval asylum
near Philada.

near Philadelphia, and for all other expenses upon the building and its

dependencies, two thousand six hundred dollars; Hospital near

For extending the hospital building near Brooklyn, New York, for Brooklyn. enclosing the grounds, and for all other expenses upon its dependencies,

sixty thousand dollars; Hospital near For completing the present hospital building near Boston, and for all Boston.

expenses upon its dependencies, three thousand five hundred dollars; Magazine up:

For repairing the enclosure, and for the sea-wall of the magazine on Ellis's Isl’d. upon Ellis's island, in the harbor of New York, three thousand eight

hundred dollars;
Magazine, &c. For repairing the magazine, filling house, wharf, and railway, at
at Norfolk.

Norfolk, Virginia, seven hundred and fifty dollars ;
Magazine at For building a wall round the magazine at Pensacola, three thousand
Pensacola.

Naval asylum For fixtures, furniture, and other incidental expenses at the naval
at Philada.

asylum, at Philadelphia, being a balance carried to the surplus fund on
the thirty-first December last, twelve hundred and forty-one dollars and

thirty-seven cents;
Appropriations Sec. 2. And be it further enacted, That of the amount heretofore

A cherry rich appropriated, under the act of the second of March, eighteen hundred
2, 1833, ch. 67. and thirty-three, entitled “ An act in addition to the act for the gradual

improvement of the navy of the United States, and remaining unex-
pended, the sum of one million five hundred thousand dollars be carried
to the surplus fund; and that the sum of one million five hundred thou-
sand dollars is hereby appropriated, out of any unappropriated money in
the Treasury, to be paid one half in the year eighteen hundred and
thirty-nine, and the other half in the year eighteen hundred and forty,
for the purpose of completing contracts now existing, or which may be
hereafter made, according to the provisions of the said act of the second
of March, eighteen hundred and thirty-three.

APPROVED, May 31, 1838.

dollars;

1

STATUTE II.
May 31, 1838. Chap. XCIII.-An Act to repeal certain provisos of An act to alter and amend

the several acts imposing duties on imports," approved the fourteenth day of
July, eighteen hundred and thirty-two.

Be it enacted by the Senate and House of Representatives of the
The proviso of United States of America in Congress assembled, T'hat the provisos of
12th clauses of the tenth and twelfth clauses of the second section of the act to alter
the 2d section and amend the several acts imposing duties on imports, passed July the
of the act of fourteenth, eighteen hundred and thirty-two, be, and the same are
July 14, 1832,
ch. 227, re-

hereby, repealed. pealed.

APPROVED, May 31, 1838.

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