United States Statutes at Large/Volume 5/28th Congress/1st Session/Chapter 98
Chap. XCVIII.—An Act to extend the charters of the District Banks.
May 31, 1838, ch. 91.
Aug. 25, 1841, ch. 12.
Suits, &c. in which the bank is a party, not to abate by reason of the expiration of its charter; and all property to enure to the trustees, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all actions, suits and judgments in law or equity commenced and now pending or which may hereafter be commenced by or against either of the banks of the District of Columbia whose charters expire on the fourth of July eighteen hundred and forty-four for the collection of any debt due or the recovery of any right belonging to said banks shall not abate or be in any manner estopped by reason of the expiration of the charter of the bank commencing the same, but may be prosecuted to final judgment and execution in the same manner as though said charter had continued in existence, any law, usage, or custom, to the contrary notwithstanding; and all goods, chattels, lands, tenements, and hereditaments, seized on mesne process, attached, levied upon, set off, or in any way assigned and made over to said bank, or which would in any manner have become the property of said bank had the same continued in existence in any action, suit, judgment, or execution aforesaid or otherwise, shall enure to the trustee or trustees, assignee or assignees, receiver or receivers of said bank, if any shall be appointed by the stockholders or otherwise.
Trustees, &c. to have power to commence suits, &c., and prosecute to final judgment and execution.Sec. 2. And be it further enacted, That the trustee or trustees, assignee or assignees, receiver or receivers, who may be appointed to collect and receive the assets of any bank whose charter shall expire as aforesaid, and to adjust, settle, and liquidate, the debts due from said banks, shall have full power to commence and institute all necessary actions, suits, or other proceedings, in law or equity, in the name of said bank, and prosecute the same to final judgment and execution,Proviso. Provided, That the Court in which such legal or equitable proceeding shall be commenced, shall first receive sufficient security for the costs which may be recovered by the opposite party.
Approved, June 17, 1844.