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and have an arbitration or reference thereof in manner following, that is to say—where the party complaining and the party complained of shall come before, or agree, by any writing under their hands, to abide by the determination of any judge or justice of the peace, it shall and may be lawful for such judge or justice of the peace to hear and finally determine in a summary manner the matter in dispute between such parties; but if such parties shall not come before, or so agree to abide by the determination of such judge or justice of the peace, but shall agree to submit their said cause of dispute to arbitrators, appointed under the provisions of this article, then it shall be lawful for any such judge or justice of the peace, and such judge or justice of the peace is hereby required, on complaint made before him, and proof that such agreement for arbitration had been entered into, to appoint arbitrators for settling the matter in dispute; and such judge or justice of the peace shall then and there propose not less than two nor more than four persons, one-half of whom shall be employers, and the other half employees, acceptable to the parties to the dispute, respectively, who, together with said judge or justice of the peace, shall have full power finally to hear and determine such dispute.
Ibid, sec. 4. 1888, art. 7, sec. 4. 1878, ch. 379, sec. 4. 4. In all such cases of dispute as aforesaid, as in all other cases, if the parties mutually agree that the matter in dispute shall be arbitrated and determined in a' mode different from the one hereby prescribed, such agreement shall be valid, and the award and determination thereon by either mode of arbitration shall be final and conclusive between the parties.
1904, art. 7, sec. 5. 1888, art. 7, sec. 5. 1878, ch. 379, sec. 5. 5. It shall be lawful in all cases for any employer or em. ployee, by writing under his hand, to authorize any person to act for him in submitting to arbitration and attending the
Ibid, sec. 6. 1888, art. 7, sec. 6. 1878, ch. 379, sec. 6. 6. Every determination of dispute by any judge or justice of the peace, shall be given as a judgment of the Court over which
said judge presides, and of the justice of the peace determining the same; and the said judge or justice of the peace shall award execution thereon as upon verdict, confession or non-suit; and every award made by arbitrators appointed by any judge or justice of the peace, under the provisions of this article shall be returned by said arbitrators to the judge or justice of the peace by whom they were appointed; and said judge or justice of the peace shall enter the same as an amicable action between the parties to the same in the Court presided over by said judge or justice of the peace, with the same effect as if said action had been regularly commenced in said Court by due process of law, and shall thereupon become a judgment of said Court, and execution thereon shall be awarded as upon verdict, confession or non-suit; and in all proceedings under this article, whether before a judge or justice of the peace, or arbitrators, costs shall be taxed as are now allowed by law in similar proceedings, and the same shall be paid equally by the parties to the dispute; such award shall remain four days in Court during its sitting, after the return thereof, before any judgment shall be entered thereon; and if it shall appear to the Court within that time that the same was obtained by fraud or malpractice in or by surprise, imposition or deception of the arbitrators, or without due notice to the parties or their attorneys, the Court may set aside such award and refuse to give judgment thereon.
ATTACHMENTS. Code, art. 9, sec. 2. 1916, ch. 596, sec. 1, pai . 2. 2. Every person who doth not reside in this State, and every person who absconds, may be made a defendant in an attachment; and any corporation not chartered by this State, or any corporation chartered by this State, which for a period of ten days next preceding is without at least one resident agent, whose name and postoffice address is given in its charter or filed with the State Tax Commission in conformity with Section 8-A of Article 23, may be made a defendant in an attachment
in the same manner as non-resident individuals, unless such corporation shall have been incorporated under the laws of this State prior to June 1, 1916, and have at least one director who is a citizen of this State actually residing therein. 1904, art. 9, sec. 18. 1888, art. 9, sec. 18. 1860, art. 10, sec. 19. 1832,
ch. 307, sec. 1. 18. An attachment may be laid on any interest which the defendant has or may be entitled to in the stock of any corporation, or in the debt of any corporation, transferable upon the books of such corporation, and it shall be the duty of the sheriff or other officer, in laying said attachment, to comply with the requirements contained in Article 23, title “Corporations," of this code, in relation thereto.*
BANKS AND TRUST COMPANIES.
1910, ch. 219, sec. 1, p. 7. 1914, ch, S05, sec. 1. 1. There shall be a Bank Commissioner for the State ap. pointed by the Board of Public Works, who shall not be an officer or director in any Bank, State or National, Savings Institution or Trust Company. He shall not 'engage in any other business and shall hold office for a term of two years from the date of his commission and until his successor is appointed and has qualified. He shall give bond in the sum of twenty thousand dollars, to be approved by the Governor for the faithful performance of his duties, the cost of the bond to be charged as an expense of the office. He shall have his office in the City of Baltimore, the rent whereof shall be paid out of the
* De Bearn vs. Winans, 119 Md. 390 ; De Bearn vs. De Bearn, 119 Md. 418. See Art. 23, sec. 68, and the other sections constituting the “Uniform Stock Transfer Act." Attachment of bonds issued by a foreign corporation and found in this State as property of a debtor may under certain circumstances be attached. De Bearn vs. Prince de Bearn, 115 Md. 668 ; De Bearn vs. Prince De Bearn, 115 Md. 685. Stock in corporations is not attachable except by express statute. Jurisdiction in attachment proceedings is derived from statutory law. U. S. Express Co. vs. Hurlock, 120 Md. 108.
† See as to Charters, Constitution, Art 3, secs. 39 and 48; Inspection of Books, Art. 3, sec, 39; Stockholder's Liability, Art. 3, sec. 39.
receipts of his office. He shall receive in full compensation for his services an annual salary of three thousand dollars, payable in monthly installments. He may be removed by the Governor for incompetency or misconduct.
Ibid, sec. 2. 1914, ch. 805, sec. 2. 2. The Bank Commissioner may, with the approval of the Governor, appoint, and with his consent, remove a Deputy Bank Commissioner, at a salary not exceeding two thousand dollars per annum, and not more than three clerks or examiners, at salaries not exceeding twelve hundred dollars per annum each, as the public business in his charge may require. Whenever it becomes necessary for the Bank Commissioner to take charge of a failed banking institution, as receiver, as provided in this article, he may appoint such additional clerks as he may deem necessary for the purpose of such receivership; the salaries of such clerks to be paid out of the funds of the failed banking institution. The Deputy Bank Commissioner and the office clerks shall give bond in such sums as the Governor and the Bank Commissioner may determine for the faithful performance of their respective duties, said bonds to be approved by the Governor, and the cost to be charged as expense of the office.
1910, ch. 219, sec. 3. 3. The Bank Commissioner shall devise a seal for the use of his office, which shall continue the seal of said department. A description of the seal, with an impression thereof, shall be filed with the Secretary of State.
1910, ch. 219, sec. 4. 4. No Bank Commissioner, Deputy or Clerk shall examine a banking institution in which he is interested as stockholder, officer, employee or otherwise.*
1910, ch. 219, sec. 6. 1914, ch. 805, sec. 6. 6. In case of a vacancy in the office of the Bank Commissioner from any cause, or during the disability or absence of that officer, the Deputy Commissioner shall perform the duties
. Section 5 of the Acts of 1910, ch. 219, was repealed by Act 1914, ch. 805, sec. 4.
of that office until his successor is duly appointed and qualified, or until the removal of such disability or the absence of the Commissioner.
1911, art. 16, sec. 7. 1910, ch, 219, sec. 7. 1912, ch. 194, sec. 7, p. 382.
7. The Commissioner, Deputy Commissioner or an Examiner appointed by the Commission shall, at least once in each year, and whenever he considers it expedient, visit each banking institution in this State, other than national banks. At such visits he shall, in the presence of one of the officers of the institution, have free access to the vaults, books and papers, and he shall inspect and examine the affairs of the institution, to ascertain its condition and see whether it complies with the provisions of law. Any additional examination other than the annual examination shall be made at the expense of the banking department.
1910, ch. 219, sec. S. 8. The Commissioner or Deputy Commissioner may summon the officers, managers, trustees, employees or agents of such banking institution and such other witnesses as he thinks proper, and examine them relative to its affairs, and for that purpose may administer oaths. Whoever, without justifiable cause, refuses to appear or testify when required, or obstructs the Commissioner or those acting for him in the discharge of his duties, shall be deemed guilty of a misdemeanor, and upon conviction in a Court of competent jurisdiction, shall be punished by a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both. Jbid, art. 11, sec. 9. 1910, ch. 219, sec. 9. 1912, ch. 194, sec. 9, p. 382.
9. Whenever the Bank Commissioner shall, upon examination, have reason to believe that the capital stock of any institution to which this act is applicable, is reduced by impairment, the said Bank Commissioner may require such institution to make good the deficiency within sixty days after the day of such requisition, and if said institution shall fail to comply with said request within the time prescribed, the Bank Commissioner may forthwith take possession of the property and business of such institution and retain such possession