1838. In Ohio $150, 000. In Indiana $160,000 In Illinois $150,000. Bridge over Dunlap's creek $9,000 ations are made on the same terms and sub are hereby, appropriated, to be paid out of any moneys in the Treasury unappropriated, to wit: For the continuation of the Cumberland road in the State of Ohio, the sum of one hundred and fifty thousand dollars. For the continuation of the Cumberland road in the State of Indiana, the sum of one hundred and fifty thousand dollars, including bridges. For the continuation of the Cumberland road in the State of Illinois, the sum of one hundred and fifty thousand dollars. For the completion of the bridge over Dunlap's creek, on the Cumberland road, in the State of Pennsylvania, the sum of Said appropri- nine thousand dollars; which said appropriations are made upon the same terms, and shall be subject to all the provisions, ject to the same conditions, restrictions, and limitations, touching appropriations provisions, &c. for the Cumberland road, contained in the act entitled "An act tions for the to provide for continuing the construction, and for the repair of contained in act certain roads, and for other purposes, during the year eighteen 31 March 1837. hundred and thirty-seven," approved on the third day of March, one thousand eight hundred and thirty-seven. as the appropria. Cumberland road Approved, May 25th, 1838. Preamble. An additional Judge to be ap CHAP. 85. An ACT supplementary to the act entitled "An act concerning the Whereas the present Judge of the Orphans Court, in and for [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That, there shall be appointed in and for the county of Washington, an additional Judge of the Orphan's Court, who shall take an oath for the faithful and impartial discharge of the duties of his office; and who shall have the same powers, perform the same duties and receive the same salary, as are Baine powers, &c. exercised, performed and received by the present Judge of the said Orphans Court. pointed for the Orphan's Court of Washington County; who shall have the as the present Judge. Court vested in SEC. 2. And be it further enacted, That during the life or continuance in office of the present Judge of the said Orphans The powers of Court, the powers of the said Orphans Court shall be vested in the Orphan's the said two Judges jointly, or may be exercised by the said the two Judges additional Judge separately, as provided in the foregoing death, &c. of the tion; and that after the death or resignation of the present Court to consist Judge, the said Orphau's Court shall consist of a single Judge as heretofore. Approved, May 25th, 1838. jointly. After the present Judge the of one Judge. sec CHAP. 86. An ACT for the relief of the heirs of Doctor Thomas Carter, deceased. 1838. In addition to the half pay al lowed the heirs of Doctor T. Car [SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That, in addition to the half pay allowed and paid to the heirs of Doctor Thomas Carter, deceased, surgeon in the Virginia State line of the continental army, in the revolutionary ter, under act war, under the act of July fifth, eighteen hundred and thirty-5th July 1832, two, there be allowed and paid to the said heirs, the sum of lowed 8204, the two hundred and four dollars, the amount of half pay from the pay from 9th Febninth of February, seventeen hundred and eighty-three, to the io 3d. Sep. 1783 third of September, in the same year, out of any moneys in the Treasury not otherwise appropriated. Approved, May 25th, 1888. they shall be al amount of half CHAP. 87. An ACT for the relief of James Witherell. of the Treasury SEC. 1.1 Be it enacted, by the Senate and House of Representatives of the United States of America in Congress as- · sembled, That the proper accounting officers of the Treasury The proper ae, do settle the account of James Witherell, and allow him five counting officers year's full pay as an ensign of infantry of the revolutionary to settle the ac army, in the Massachusetts line on continental establishment, erell, and alow and that the said sum of money be paid out of any money in the Treasury not otherwise appropriated. Approved, May 25th, 1838. counts of J. With him five years' full pay." CHAP. 88. An ACT to extend the charter of the Union Bank of Georgetown, in the District of Columbia. Whereas, it appears that an extension of the charter of the Preamble. Union Bank of Georgetown beyond the first day of July, eighteen hundred and thirty-eight, together with some amendment thereof, is necessary to enable the said corporation the better to close its concerns, redeem its obligations, and collect its debts; and the extension and amendment as aforesaid have been asked by the said corporation for the purposes above specified and for none other: Now therefore, [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress ussembled, That the charter of the said corporation be extended Charter of the until the first of July, eighteen hundred and forty-two, so as George Town exfurther to graut, continue, and reassure to said corporation the end to the 1st. rights and privileges thereof, upon the conditions and with the limitations in said charter specified, and with certain exceptions and other conditions and limitations hereinafter to be named, until the day and year last mentioned. SEC. 2. And be it further enacted, That on the first Monday in April next, and thereafter, the number of directors of the Union Bank shall be reduced to four, together with a president, Union Bank of July 1812. On the first Monday in April next, the number of Directors shal reluced four, &c. 1838. The president may call a meet holders, for the tee or trustees, to granted, (if so de bank's concerns, &c. the trustees shall same manner as directors. a commissioner to be elected as now provided by the charter of said bank, any one of which directors, together with the president, shall constitute a board to do the business of the bank. SEC. 3. And be it further enacted, That the president and and directors directors of said bank may call a meeting of the stockholders ing of the stock of said bank, in such manner as shall be prescribed by the election of a trus- laws and ordinances of said corporation, and at such time as whom shall be they may select, for the purpose of electing a trustee or truscided,) the ma tees, (not exceeding three,) to whom shall be granted, until the nagement of the first of July, eighteen hundred and forty-two, (should a majority of the votes present so decide,) the management of the concerns of said bank, together with the powers relating thereto, as fully and with the same limitations, together with others hereinafter to be 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 Should the said make the said change in the direction and management of the change be made, said bank, the trustee or trustees shall be elected in the same be elected in the manner as is prescribed by the charter of said corporation for the president and the election of directors. In such case as made and provided, And the presi. the president and directors then being shall select a commisdent shall select sioner to convey to such trustee or trustees all the property, to convey to the real and personal, of said corporation, and all its choses in all the property, action, its rights and interests of every description, whether in litigation or not, upon the condition, first, of 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 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 Further proviso. president and directors of said corporation: And provided also, That nothing herein contained shall be 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. trustee or trustees &c. Proviso. payable to bear SEC. 4. And be it further enacted, That the said corporation After 1st July shall not after the first day of July, eighteen hundred and 1838, ne bills, &c. thirty-eight, issue or reissue any bills, notes, or checks, payable er, shall be issu- to bearer; nor shall they issue certificates of deposite, payable ed; no deposites, except from a to bearer; nor shall it receive any money or other property ceived; and no from any other corporation or from any person other than one obligations enter- of its stockholders, on deposite, and under an obligation to return it; nor shall the said corporation at any time after the first of July, eighteen hundred and thirty-eight, receive or enter into any new obligations or liabilities other than such deeds or as stockholder, re ed into, except, &c. 1838. signments as may be necessary to convey away absolutely the Nothing herein contained shall be so construed as obligations, &c. to impair the the corpora suits, &c. shall abatement, &c. tion; but all proceed without SEC. 5. And be it further enacted, That nothing herein contained shall be so construed as to destroy or in any manner impair the force of the obligations, rights, and liabilities, to or from the said corporation; but, on the contrary, all suits, bills, of plaints, informations, actions, whether legal or equitable, judgments, decrees, and executions, by or against said corporation, shall proceed without abatement, discontinuance, or necessity for revivor, in due course of law, as if no change had been hereby made in the affairs of said corporation, and as if the charter by 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 same: Provided, how- Proviso. ever, That, if a trustee or trustees should be elected, all summons, notices and other process, legal or equitable, 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 executions or attachments upon any decree or judgment, may levy the same upon any property, real or personal, subject in in its nature to such execution or attachment, and conveyed by the said corporation, as hereinafter 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 corporation, (estimated at the time of conveyance without interest,) and may not have applied the same to the payment of debts due from said corporation. trustees, if ap ter 1st July 1812, SEC. 6. And be it further enacted, That the said trustee, or Said trustee or or trustees, should they be appointed, may prosecute, after the pointed, may, af first day of July, eighteen hundred and forty-two, any action, prosecute any aclegal or equitable, or judgment, decree, attachment, and exe- tion, &c. without cution, then in existence, or then pending in any court having abatement, &c. 1838. Persons purchasing the trustees in said actions, &c. niay claims in the manner afore Suid, &c. poration, which nay be pending on 1st July 1812, may proceed without abatement, &c. Proviso. competent jurisdiction of the subject, without abatement, discontinuance, or necessity for revivor, in the same manner as if such corporation were still in existence for the uses and trusts of the deed hereinbefore mentioned, and under which they derive this authority. Any person purchasing from the trustees rights, &c. of the their rights and interests in said actions, legal or equitable, may judgments, decrees, or executions, shall be substituted in the prosecute their said privilege of prosecuting their claims in manner aforesaid, in the name of the said corporation, and for his own benefit. All actions, &c. And all actions, legal or equitable, judgments, decrees, attachagainst said cor- ments, and executions, against said corporation, which may be pending in any court having competent jurisdiction of the subject, on the first of July, eighteen hundred and forty-two, may proceed according to the forms of law, without abatement, discontinuance, or necessity for revivor, in the same manner as if said corporation were still in existence: Provided, however, That the said trustee or trustees after the first of July, eighteen hundred and forty-five, shall not be liable for any debt due front 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. In the event of SEC. 7. And be it further enacted, That in the event of a a selection of a selection of a trustee or trustees as aforesaid, it shall be their duty to advertise the fact for eight weeks successively in two of the newspapers published in the District, one of which shail be selected in Washington and the other in Alexandria. An it shall also be the duty of the said trustee or trustees to cause Also cause the 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 corded in off. clk. Washington, District of Columbia, and also to forward a co of the same to the Secretary of State for the United States. trustee or trus ters, they shall the fact, &c. deed of trust aforesaid to be re ct and a copy to be sent to Sec. State. Unless the President and Directors, on behalf ers, &c. file, with Treas., within six ་ SEC. 8. And be it further enacted, That unless the president and directors for the time being of the said corporation shali, of the stockhold on behalf of the stockholders, and in virtue of an authority the Sec. of the from them, or from a majority in interest and number of them, months, a decla file their declaration, in writing, in the office of the Secretary ration, assenting of the Treasury, within six months from the passage of this the corporation act, assenting to and accepting the extension of the charter right to the ex- hereby granted, under the terms, conditions, and limitations. contained in this act, then the said corporation shall forfeit all right to an extension of charter. to the charter, A shall forfeit all teasion. This act to be lic act; and acts SEC. 9. And be it further enacted, That this act shall le considered a pub considered a public act; and so much and such parts of any repugnant hereto act or acts heretofore passed in relation to said corporation as may be repugnant to this act, be, and the same are hereby, repealed and annulled. Approved, May 25th, 1838. repealed. |