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served.

justices of the said court, at the next ensuing term thereof, to shew cause (if any they may have) wherefore their said charter ought not to be declared forfeited and lost, agreeably to the provisions of this act; which writ shall How be served at least ten days before the sitting of such court, by leaving a correct copy thereof at the bank-house, or the usual place of discount and deposit of such bank, and by reading the same to each of said directors, residing within this State; and in case of the absence of any such directors, by leaving an attested copy thereof at his or their usual place or places of abode; and shall be returned by said officer with his doings thereon, to said court, on the second day of said term; and said court shall, at Judgment the same term, proceed fully to hear and examine into the upon. charges stated in said writ, and the defence of said president and directors; and in case said court shall thereupon find, that the charter of said bank had been, by the provisions of this act, forfeited, they shall adjudge and declare the same forfeited and annulled accordingly; pro- Bank still vided that, notwithstanding such forfeiture, all such banks to have shall still continue to have all the same remedies which remedy for collecting they before had, for the collection and recovery of every debts, &c: debt due thereto, prior to the time of said forfeiture; and every such bank, president and director thereof, shall also continue to be liable and subject to all the same remedies and processes for the recovery of the debts already due therefrom, as they were liable and subject to before said forfeiture.

SEC. 12. And be it further enacted, That the cashier of Names of each and every bank in this State shall cause the names directors to be pub of all the directors, and of the president of such bank, lished." within ten days after their election, to be published in one of the newspapers printed nearest to the place where

such bank is located.

pealed.

SEC. 13. And be it further enacted, That so much of any Certain and all acts heretofore passed, as provides a different acts reremedy from that herein provided for the collection of debts due to any bank; and so much of any and all acts heretofore passed, as may be repugnant to or inconsistent with any of the provisions of this act, relating to the collection of debts due any bank, be and the same are hereby repealed; provided that nothing herein shall be Proviso. construed to affect or interfere with any proceeding already had or commenced under any former act or acts; nor to destroy or impair any right and authority which

Ninth sec

ed.

any of the incorporated banks in this State had by law, at the time of the passage of this act, to hold or dispose of the property of stockholders thereof, for the security or payment of any debts or responsibilities heretofore contracted, or hereafter to be contracted, by the said stockholders with the said banks respectively; but that such right and authority shall remain, and shall be construed to remain in the same manner, as if this act had not been passed.

SEC. 14. And be it further enacted, That so much of the tion limit- ninth section of this act as relates to the recovery of any debt due to any incorporated bank, be and the same is hereby repealed (so far as regards any such bank) from and after the first day of January, A. D. 1823; but the same shall be and remain in full force and virtue as to the form of the process therein prescribed and referred to in the eleventh section hereof.

1809 '12 22.

Executions against certain

tions, how

If return

An act to regulate Process against Corporations within this
State.

Be it enacted by the General Assembly, and by the authority thereof it is enacted, That whenever final judgment for any sum shall be rendered by any court within this corpora State against any company who have been, or hereafter to issue. may be, incorporated by the general assembly, (except incorporations for charitable, literary or religious purposes, and banks,) execution on such judgment shall be issued against the goods, chattels and real estate of such ed nulla corporation; and when any execution which shall have been issued as aforesaid, shall be, by the officer charged with the service thereof, returned, that he cannot find sufficient property of such corporation whereon to levy the same, it shall and may be lawful for the party in whose favor such judgment shall have been rendered, to sue out of the clerk's office of the court in which such judgcias to is- ment was rendered, a writ of scire facias against the sue vs. the president and directors of such corporation, if any such &c. there be, and if none, then against so many of the stock

bona.

Scire fa

President,

holders thereof as he may think fit, returnable to the next term of such court; and on the return thereof, unless such president and directors or stockholders shall make it appear, at the court to which such writ of scire facias shall be returned, that they have not within their posses

PRIVATE NOTES AS CURRENCY.-FACTORY PROPERTY.

437

shall issue

sion and control sufficient property of such corporation to satisfy said judgment, or any part thereof, said court shall issue execution against such president and directors or Execution stockholders for the amount of such judgment, with in- as for their terest and costs, as for their own private debt; but if it proper shall appear that such president and directors or stock-debt, unholders had property as aforesaid to satisfy part of said judgment only, then execution as aforesaid shall issue for such amount with costs.

less, &c.

An act to prevent the Circulation of private Notes, Bills, Orders 1805. and Checks, (other than those of incorporated Banks,) as

currency.

SECTION 1. Be it enacted by the General Assembly, and by Penalty the authority thereof it is enacted, That if any person shall is- for passing sue or pass any note, bill, order or check, other than the notes as notes or bills of any bank which shall, at the time of issu- currency. ing or passing the same, be incorporated by the laws of this State, or of the United States, or some one of them, with an intent that the same shall be circulated as currency, he shall forfeit and pay for every such offence, the sum of one hundred dollars, to be recovered by indictment in the supreme judicial court, or court of general sessions of the peace, in the county where such offence shall be committed, to the use of the State; or by action of debt in any court of competent jurisdiction; one half thereof to the use of the person who shall first sue therefor, and the other half to the use of the State.

SEC. 2. And be it further enacted, That all notes, bills, Such noter orders, checks, drafts or obligations whatsoever, which &c. void. shall be issued or passed as aforesaid, other than the notes or bills of any bank incorporated as aforesaid, (except checks drawn on any of such banks,) shall be utterly void, and no action shall be thereon sustained in any court of law in this State.

An act declaring certain Property therein mentioned to be Per

sonal Estate, &c.

shall be

SECTION 1. Be it enacted by the General Assembly, and by What the authority thereof it is enacted, That all the picking, personal carding, spooling, drawing, spinning and reeling frames, estate.

dressing and warping machines, tools and apparatus of every description, used and employed in any cotton or woollen factory in this State, be and the same are hereby declared to be personal estate, and as such shall be considered in the assessment of all taxes, in assignment of dower, in attachments, and in all other cases whatsoever.

SEC. 2. And be it further enacted, That the main waterWhat real. wheels, upright shaft or shafts, all horizontal shafts, drums, pullies and wheels secured to the building, and necessary for operating machinery, and all kettles set and used in any manufactory aforesaid, be and the same are hereby declared to be real estate.

made.

SEC. 3. And be it further enacted, That all persons who Partition, now are, or hereafter may be, in any way or manner poshow to be sessed as tenants in common, or joint tenants, of any machinery as described in the first section of this act, may be compelled to make partition between them of such machinery, by a writ of partition, in the same manner as is now made of real estate by law.

1812 '19.

An act to provide for the keeping in repair Turnpike Roads, and collecting Toll thereon.

SECTION 1. Be it enacted by the General Assembly, and by Courts the authority thereof it is enacted, That if at any time any may cause of the turnpike roads in this State shall not be in suitable to be set and proper repair, any three justices of the court of comopen, &c. mon pleas, in any county where said turnpike roads may

be, upon complaint to them made for that purpose, shall be authorized and empowered to cause the gate or gates on said road to be opened, and to remain open until in the opinion of the said justices the said road shall be put in proper and suitable repair as aforesaid; and that the cost of said complaint shall be paid by the said company, if in the opinion of the said justices the same shall be well founded, and otherwise, by the complainant.

SEC. 2. And be it further enacted, That every toll-gate Penalty keeper within this Štate, who shall hereafter, by himself, for taking his agents or servants, demand and receive any greater toll. toll for passing through the gate whereof he is keeper

unlawful

than is by law allowed, shall forfeit and pay for the first offence, a sum not less than two dollars nor more than five dollars, and for each and every subsequent offence, the sum of twenty dollars, to be recovered by action of

debt, before any court of competent jurisdiction, to and for the use of the complainant: provided however, that Proviso. the action shall in all cases be commenced and prosecuted within the county, wherein such gate may be located, and that the same be commenced within three months from the time the offence may be committed.

An act relative to the passing of Teams and Carriages in the 1815 22. public Highways.

SECTION 1. Be it enacted by the General Assembly, and by Teams, the authority thereof it is enacted, That it shall be the duty &c. meetof every person driving or conducting any coach, char- half the iot, chaise, sulkey, wagon, cart, dray, or wheel-carriage way. of any kind, or sled or sleigh, with any horse or horses, or with oxen, or any kind of team, in any of the highways, streets, lanes or gangways in this State, when meeting another with a carriage, sled, sleigh or team, of any of the abovementioned descriptions, when it shall be practicable, to conduct and keep such as shall be under his or her care, on the right hand side, in any such highway, street, lane or gangway; so that the person met may pass on his or her left hand, and have, as near as conveniently may be, the benefit of one half of the way: and Penalty that any such person intentionally and wilfully failing so for neglect to do, shall forfeit and pay as a fine five dollars, to be recovered, with all lawful costs, by complaint or information, before any justice of the peace of the county where the offence shall be committed, to the use of the poor of the town wherein the offence was committed, and moreover shall be liable to pay all special damages accruing from unnecessary delay or otherwise, to any person or persons, by a neglect or refusal to comply with the requisitions of this act, to be recovered by a special action of the case, by the person or persons so injured, in any court having legal cognizance thereof: provided however, that Provise. it shall be optional with the owner of any loaded team, when met or overtaken by any empty team, or any carriage abovementioned, either to stop his team until the team or carriage by which he shall be met or overtaken shall have passed, if there be sufficient room, or to give half the way as aforesaid.

SEC. 2. And be it further enacted, That any person having the charge of any such team as aforesaid, who shall

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