1806 '09 An act to regulate Process against Banks, and for other purposes therein mentioned. '12 '18 '19 '20 '21 '22. President ier to make an nual re turn. SECTION 1. Be it enacted by the General Assembly, and by the and cash- authority thereof it is enacted, That the president and cashier of every bank now established or which hereafter may be established within this State, shall annually, on the second day of the May session of the general assembly, make return under oath or affirmation to the general assembly, of the condition of their bank, stating the amount of their capital stock actually paid in; the amount of deposits; the profits on hand; the amount of debts due from the bank; the amount of bills in circulation; the amount of debts due from the directors; the amount due from other stockholders; the amount of debts due from all other persons or corporations; not however naming them; the amount of specie in bank; the amount of bills of all other banks; the amount of their deposits in other banks; the amount of their stock in other banks; the amount of their real estate, and of all their other property not herein specified; which return shall all be made and completed on the Monday next preceding the May session of the general assembly annually, and shall contain a true exhibit of the state of said bank as it shall be at the hour of four of the clock, P. M. of that day. Commit spection. SEC. 2. And be it further enacted, That the general astee of in- sembly may at any time appoint a committee from their own body, who shall have a right to inspect such general accounts in the books of the several banks in this State, as shall relate to the return required by the first section of Proviso. this act; provided that this shall not be construed to imply a right of inspecting the account of any private individual or individuals with said bank. Debts due not to ex Penalty SEC 3. And be it further enacted, That the total amount by bank of the debts which any bank in this State shall at any time ceed capi- owe, whether by bond, bill or note, or other contract, shall tul paid in. not exceed their capital stock actually paid into said bank over and above the monies actually deposited in such bank for safe keeping: and in case of excess, the direcfor excess. tors under whose administration it shall happen, shall be liable for the same in their private capacities; and in such case an action may be brought against them, or any of them, their heirs, executors or administrators, in any court proper to try the same, by any creditor or creditors of such corporation, and be prosecuted to final judgment not liable. and execution; and this shall not be construed to exempt the said corporation, or their lands, tenements, goods or chattels, from being also liable for and chargeable with the said excess: but such of the said directors who may Directors have been absent, when the said excess was contracted dissenting, or created, or who may have dissented from the act or resolution whereby the same was contracted or created, may respectively exonerate themselves from being so liable, by forthwith giving notice of the fact of their absence or dissent to the stockholders at a general meeting, which they are hereby empowered to call for that purpose. ,&c. paya SEC. 4. And be it further enacted, That if any bank in Not to isthis State shall make and issue any check, note or bill, for sue notes, a less sum than fifty dollars, payable at any place out of ble out of this State, the president and cashier or other person who the State: shall sign such check, note or bill, shall each forfeit the sum of fifty dollars, to be recovered by an action of debt, in of fraud. SEC. 5. And be it further enacted, That if any president, President, director, cashier or other officer of any bank in this State, &c. guilty shall fraudulently manage or conduct the affairs or business of such bank, whereby the public or individuals dealing at or with said bank shall be defrauded in the payment of their just demands against said bank, such president, director, cashier or other officer shall and may be prosecuted in the supreme judicial court, by indictment To be inor information, and on conviction shall and may be fined to and for the use of the State, at the discretion of the court, not exceeding five thousand dollars. dicted. sue less bills. SEC. 6. And be it further enacted, That if any officer of Not to isor any person employed by any bank, shall issue or pass than ore any note, bill, order or check for a less sum than one dol- dollar lar, with an intent that the same shall be circulated as a currency, he shall forfeit and pay for every such of fence the sum of one hundred dollars, to be recovered by indictment or information in the supreme judicial court, or court of general sessions of the peace for the proper county, 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 sue therefor, and the other half to the use of the State. SEC. 7. And be it further enacted, That when corporated bank in this State shall, for the space any in of five Refusing days after demand in writing left with the cashier of said to pay out bank, refuse or neglect upon application therefor to pay posited, any money deposited therein, or which has been collect money de &c. ed on any bill, bond, note, check or other security deposited in said bank for collection, to the person or body corporate having legal right to demand and receive the same; or shall refuse, upon demand and application as aforesaid, to deliver out to any person or persons, or body corporate, having legal right as aforesaid, any bill, bond, note, check or other security or money deposited in such bank for safe-keeping, or for collection and not collected, or any specified article deposited therein for safe-keepLiable in ing, such bank shall be liable to pay in damages to the damages. party aggrieved, the value of the article or the amount of the money, bill, bond, note, check or security so detained, with interest from the demand, and such additional damages as the court or jury before whom the same may be tried shall think reasonable; and the original writ in against. any action brought to recover said damages shall issue at least six days before the sitting of the court to which it is made returnable, from the office of the clerk of either of the courts of common pleas, or the supreme judicial court in either of the counties of this State; and the property of said bank shall be liable to attachment on said writ in the same manner, and the same proceedings shall be had in all respects, as is provided in this act in other Process Having culation cases. SEC. 8. And be it further enacted, That if any incorbills in cir- porated bank in this State shall at any one time have in exceeding circulation of the bills or notes of such bank, an amount capital, exceeding the capital stock of said bank, then actually ter for- paid into said bank, the director or directors under whose feited, &c. administration the same happened, shall forfeit and pay &c. char Debts due recovered. the sum of one thousand dollars, to be recovered by action of debt before any court competent to try the same, one half thereof to and for the use of the person or persons who shall sue for the same, and the other half to and for the use of the State; and the charter of said bank shall thereupon be null and void. SEC. 9. And be it further enacted, That all debts bona bank, how fide due to any incorporated bank in this State, by bond, bill or note, duly executed or endorsed, with an express consent in writing that the same should be negotiated in said bank, or on any bill of exchange accepted, shall be recoverable in the following manner, viz: a copy of the sued, &c. bond, bill, note or bill of exchange shall be annexed to the original writ; which writ shall issue at least six days Writ before the sitting of the court to which it is made returna- when isble, from the office of the clerk of either of the courts of common pleas, or the supreme judicial court, in either of the counties in this State; and the proper officer to whom How servsuch writ shall be delivered, shall thereon attach goods ed. and chattels or real estate of the defendant or defendants, equal in amount to the damages laid in said writ; and for want of such goods and chattels or real estate, shall arrest his or their bodies; and said writ shall be returned into the same clerk's office, six days before the sitting of the court, and be entered on the docket, on the second day of the term thereof; on which said day the Defendant defendant or defendants may file his or their answer may anthereto, and at the same term of said court, final judgment shall be rendered in said case, and execution shall issue thereon according to law; towards satisfying such execution (unless the same shall be otherwise satisfied) the property attached on the original writ shall be, from the date of the attachment, considered to be pledged, and shall continue to be held liable, and before sale shall be advertised according to law. swer. how re sued, &c. SEC. 10. And be it further enacted, That all debts due Debts due from any incorporated bank in this State, by bond, bill, from bank, note, check, or bill of exchange, shall upon being regular- covered. ly protested for non-payment, after presentment for payment at said bank, in the usual bank business hours, be recoverable in the following manner, viz: a copy of the Writ, bond, bill, note, check or bill of exchange, shall be an- when isnexed to the original writ, which said writ shall be in the same form, and the same proceedings thereon in all respects shall be had, as is provided in the foregoing section: and the proper officer to whom such writ shall be How servdelivered, shall thereon attach goods and chattels or real estate of the bank against which the writ shall issue, equal in amount to the damages laid in said writ; and for want of such goods and chattels or real estate to a sufficient amount, shall also attach the goods and chattels or real estate of all, any, or either of the individual persons who shall, at the time of the protest, be the president and directors of said bank; and for want of such goods and chattels or real estate, shall arrest the bodies of said persons, or such of them as shall be found in his precinct : and in case judgment shall be rendered against said bank, fence may ed. the court rendering the same shall award in damages the amount of such bond, bill, note, check or bill of exchange, What de- and interest from the date of the protest aforesaid; probe plead- vided that the said president and directors whose individual property may have been attached, or their bodies arrested, shall have liberty, all or either of them, to plead in answer to said action, that the non-payment of the debt or debts on which the said writ issued, was occasioned by the inability of the bank to pay the same, and that such inability was produced by the destruction or loss of the property of said bank, by means of the public enemies, or by fire or flood, or by robbery or theft, or earthquake or hurricane; which said plea being satisfactorily substantiated, shall constitute a good and valid defence to said action, so far as said president and directors are by this act rendered liable in their individual capacities, and no President, further: provided further, that when any director including the president shall have paid more than an equal proedy over. portion of any such debt and damages as aforesaid, computing said proportion by the number of directors including the president, such director shall have his remedy over against any and every of those directors who shall Cost to be have paid less than such proportion: provided also, that whenever several actions between the same parties shall be brought before the same court, at the same term, upon demands which might have been sued for in one action, the court shall have power to allow costs in one of said actions only. &c. to have rem consolida ted. Bank neg pay, &c. charter forfeited. SEC. 11. And be it further enacted, That in case any such lecting to bank, against whom judgment shall be rendered as aforesaid, shall for the space of thirty days neglect or omit to pay the full amount thereof, with interest up to the day of payment, into the office of the clerk of the court, or to the party in whose favor said judgment was rendered, or to the officer who may have the execution therefor, with all additional legal cost, then and in that case the charter of said bank shall be thereby forfeited and vacatBy scire ed; and upon application to the clerk of the supreme judicial court, in the county where such bank is located, said clerk shall issue a writ of scire facias, reciting therein the proceedings in the action against said bank to final judgment, and the neglect or omission of the same to make payment as aforesaid, and commanding the sheriff of said county or his deputy to make known to the president, directors and company of said bank, that they be before the facias. |