11 times be open to inspection by such committee as may 12 be appointed for that purpose by the mayor and alder13 men, or by the directors of the company. SEC. 18. To secure the faithful discharge of the 2 several trusts confided to the said commissioners under 3 this act, the supreme judicial court is hereby empow→ 4 ered, upon the complaint of the mayor and aldermen, 5 or of the directors of the rail road company, against 6 the said commissioners, or either of them, concerning 7 any of said trusts and duties, by summary process, 8 according to the course of proceedings in equity, to 9 hear and adjudge upon the matter of such complaint, 10 and to issue thereon, any suitable writ or process, and 11 make any proper decree to compel the appropriate 12 discharge and performance of such trusts and duties, 13 and to remove the said commissioners, or either of 14 them; and in case of such removal, the vacancy shall 15 be immediately supplied, as provided in the tenth 16 section of this act. SEC. 19. If the said sinking fund with its accumu2 lations, shall at any time exceed the amount of the 3 scrip unredeemed and outstanding, all such excess 4 shall be annually paid over to the rail road company; 5 and if any surplus of the fund shall remain after the 6 redemption and reimbursement of all the scrip, such 7 surplus shall be paid over to the company. SEC. 20. This act shall take effect and be in force, 2 from and after its approval by the governor, so far as 3 to empower the directors of the rail road company, 4 and the inhabitants of the city to act upon the ques5 tion of accepting the same, as provided in the second 6 section of this act. And the several ward meetings 7 of the inhabitants for that purpose, shall be called and 8 holden within thirty days after such approval. And 9 if the act shall be accepted as aforesaid, then, after 10 such acceptance, and record thereof, all the parts of 11 the act shall take effect and be in full force. STATE OF MAINE. HOUSE OF REPRESENTATIVES, June 27, 1848. ORDERED, That seven hundred copies of the foregoing Bill, reported by Mr. Appleton of Alfred, from the joint select committee to which was referred the petition of the Mayor, Aldermen and Common Council of the city of Portland, and also sundry petitions in aid of the same, for authority to loan the credit of said city in aid of the construction of the Atlantic and St. Lawrence Rail Road, be printed for the use of the Legislature. SAMUEL BELCHER, Clerk. TWENTY-EIGHTH LEGISLATURE. No. 13. STATE OF MAINE. HOUSE. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY-EIGHT. AN ACT additional, regulating banks and banking. Be it enacted by the Senate and House of Representa tives in Legislature assembled, as follows: SECTION 1. If any bank that is or may be incor2 porated under the laws of this state shall at any time, 3 neglect or refuse to pay its bills or deposits in specie, 4 on demand at its counter in its usual hours of business, 5 such bank shall, at the same time suspend and cease 6 to pay out or part with, directly or indirectly, by dis7 count or otherwise, its moneys or means of every 8 name; and, its banking operations shall continue 9 suspended, as aforesaid, until such bank shall resume Wm. T. Johnson, Printer to the State. 10 the payment of its bills and deposits, and actually pay 11 the same on demand, in specie, as aforesaid. SEC. 2. The bank commissioners on being informed 2 that any bank in this state has suspended the payment 3 of its bills or deposits, or refused to pay the same as 4 aforesaid, shall forthwith repair to such bank and 5 examine strictly and minutely into its condition, ard 6 as soon as may be report the same in writing to the 7 secretary of state, stating according to their best 8 judgment the cause or causes which led to its suspen9 sion, as aforesaid. And the secretary of state shall 10 forthwith transmit a true copy of said report te the 11 state printer, to be published in the state paper; and 12 shall also lay said report before the governor and 13 council at their next meeting. 3 pay SEC. 3. If upon examination as aforesaid the com2 missioners shall be satisfied that any bank is unable to its debts, they shall forthwith make complaint of 4 such bank in writing, to any judge of the supreme or 5 district court, whose duty it shall be forthwith to 6 proceed, as is provided in section sixty-two, chapter 7 seventy-seven of the revised statutes. And the com8 missioners who may be appointed by such judge, shall 9 proceed according to the provisions of sections sixty10 eight, sixty-nine and seventy of the said seventy11 seventh chapter. And if any bank shall continue to 12 suspend, or refuse to pay its bills or deposits as afore13 said, longer than thirty days, it shall forfeit its charter, 14 and the same is hereby declared forfeited; or if hav15 ing resumed the payment of its bills and deposits, 16 within the thirty days aforesaid it shall again suspend, 17 or refuse to pay the same, within six months there18 after, it shall forfeit its charter as aforesaid. And it 19 shall be the duty of the bank commissioners, or either 20 of them, in either case, as aforesaid, to make com21 plaint forthwith, to any judge of the supreme or dis22 trict court, who shall thereupon, forthwith cause the 23 president and cashier of such bank to be notified to 24 appear before him, at such time and place, as he may 25 appoint, and as soon as may be, allowing reasonable 26 notice thereof, to answer such complaint; such judge 27 shall also cite the complainant to appear to support 28 his complaint. And if upon the evidence it shall 29 appear that such bank has in either case forfeited its 30 charter, such judge shall thereupon appoint commis31 sioners, who, after being qualified as provided in the |