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1798, 1822.

Towns to erect guideposts.

Town.'

How constructed.

An act for the erection and support of Guide-Posts upon the

Public Roads. Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That it shall be the duty of the several towns in this State, except New-Shoreham and Jamestown, at all times to keep erected, and in good repair, such guide-posts upon all public roads, at such places and in such manner, as is hereinafter provided.

Sec. 2. And be it further enacted, That the town-councils councils to of the several towns in this State, except as is before explaces. cepted, be and they are hereby authorized and required, from time to time, to fix and determine

upon

such places, at the corners and angles of all roads in the several towns aforesaid, at which the said guide-posts shall be erected and kept, as in their judgment shall be found necessary and convenient, and shall cause a fair record thereof to be entered and kept among the records of the town.

Sec. 3. And be it further enacted, That the guide-posts to be erected and kept in pursuance of this act, shall be constructed in manner following, that is to say: there shall be erected at the several corners or angles of the roads aforesaid, at such places as shall be ordered by the town-councils aforesaid, a substantial post, of not less than eight feet in height, upon the upper end of which shall be placed a board or boards, upon each of which boards shall be plainly and legibly painted, the name of the next town, with such other noted town or place as may be judged most expedient for the direction of travellers, to which each of the roads may lead, together with the distance or number of miles to the same; and also the figure of a hand, with the forefinger thereof

pointing towards the town or place, to which the said roads may lead : ProvidProviso. ed however, That the inhabitants of any town may agree

upon some suitable substitute in the room of said guideposts, and appoint any proper person or persons to super

intend the erection and support of the same. Penalty Sec. 4. And be it further enacted, That if any town afore

said shall neglect or refuse to keep at all times erected erecting

and maintained, said guide-posts, in such places and in such manner as is herein provided, such town so neglecting or refusing shall forfeit and pay, to the use of the State, three dollars for every month which it shall so neg

lect or refuse: and if the town-council of any town as Axing the places.

aforesaid shall neglect or refuse to fix and determine up

for not

For not

ing.

on proper places in such town, at which the said guideposts shall be erected and kept, the said town-council shall forfeit and pay, to the use of the State, five dollars for every month which they shall so neglect or refuse ; How resaid forfeitures to be recovered by indictment of the grand covered. jury, in the county where the offence

may be committed. Sec. 5. And be it further enacted, That if any person Penalty shall injure, mar or deface any guide-post, or its substitute for defacagreed upon as aforesaid, or board which shall be set up, as is in this act provided, and be convicted thereof before any justice of the peace within this State, (who is hereby empowered to try the same,) such person so convicted shall forfeit and pay a sum, not more than ten dollars, nor less than five dollars, to be recovered by action of debt, one half to the complainant, and the other half to the use of the town in which such guide-post, or its substitute, so injured, marred or defaced, was set up, and shall pay all costs of prosecution.

An act to protect Horses and other Beasts from unreasonable

correction. Be it enacted by the General Assembly, and by the authority Penalty thereof it is enacted, "That if any truckman, stage-driver, for abusteamer or other person who may have the care of any &c. horse, ox or other beast or beasts, or shall be driving any truck, cart, wagon, coach, or other carriage, in which may be harnessed or yoked any horse, ox or other beast; or if any other person shall, with a whip, stick or other instrument strike or beat said beast or beasts beyond what may be reasonable for their proper subjection and management; or shall excessively load any such beast, he or they so offending shall, on conviction before any one How reor more justice of the peace in the town where the offence covered. is committed, pay as a fine a sum not exceeding twentydollars, at the discretion of said justice, to be recovered by action of debt, to the use of the town in which such offence is committed.

'12'18'19 20 21 22.

jer to make annual return.

1806 '09 An act to regulate Process against Banks, and for other pur

poses therein mentioned. President

Section 1. Be it enacted by the General Assembly, and by the and cash- authority thereof it is enacted, That the president and cash

ier 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

gene'ral 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- 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 im

ply a right of inspecting the account of any private indi

vidual or individuals with said bank. Debts due 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 tal paid in. not exceed their capital stock actually paid into said bank

over and above the monies actually deposited in such Penalty 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.

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 any court proper to try the same; one half thereof to and for the use of the State, and the other half to and for the use of the

person

who shall sue for the same. Sec. 5. And be it further enacted, That if any president, President, director, cashier or other officer of any bank in this State, &e; 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.

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 one 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 offence 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 any

incorporated bank in this State shall, for the space of five

dicted.

biils.

&c.

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Process

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-

ed on any bill, bond, note, check or other security de-
posited 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 detain-
ed, 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 pro-
perty 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 Having 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

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, recovered.

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

cases.

Debts due

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