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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 iso
. ble, 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.
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 ed. 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,
&c. to have rem
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 individ
ual 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 includ
ing the president shall have paid more than an equal proedy over. portion of any such debt and damages as aforesaid, com
puting 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 consolida
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.
Sec. 11. And be it further enacted, That in case any such lecting to bank, against whom judgment shall be rendered as afore
said, 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 ju
dicial 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
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, served. 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
to be pubi 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.
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 pealed. 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
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.
An act to regulate Process against Corporations within this
Execu. tions against certain
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
there be, and if none, then against so many of the stockholders 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.
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-shall issue terest and costs, as for their own private debt; but if it proper shall appear that such president and directors or stock-debt, un
less, &c. holders had property as aforesaid to satisfy part of said judgment only, then execution as aforesaid shall issue for such amount with costs.
An act to prevent the Circulation of private Notes, Bills, Orders
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 notes 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. Section 1. Be it enacted by the General Assembly, and by What the authority thereof it is enacted, That all the picking, shall be carding, spooling, drawing, spinning and reeling frames, estate.