IN ADDITION passed 1833. BE it enacted by the Senate and House of Representatives in General Assembly convened That the sevMay reduce eral incorporated banks in this state, in which the shares their shares to of stock, as prescribed in the charter, exceed one hun- one hundred dred dollars each, may, at any regular meeting of the stockholders, divide the same into shares of one hundred dollars each. IN ADDITION passed 1835. dollars. BE it enacted by the Senate and House of Representatives in General Assembly convened, That from No bank, after and after the fifteenth day of January, A. D. 1836, no uary, A. D. 15th day of Janbank in this state shall be permitted to retain as surplus 1836, shall reearnings, more than five per cent on the amount of tain as surplus capital stock actually invested in said bank, in addition earnings over to the bonus required by the act of incorporation to be capital stock, paid for certain purposes only, excepted. CHAPTER 3. An Act relative to the investment of the funds of certain corporations in the Banks of the State, passed 1823. five per cent on &c. BE it enacted by the Senate and House of Repre- Limitation of sentatives in General Assembly convened, That after the subscriptions. subscriptions to the capital stock of any bank, made by the state, by religious and ecclesiastical societies, colleges, schools and corporations for charitable purposes, or any of them, and liable to be withdrawn therefrom, shall have amounted to one fifth part of the permanent stock of such bank, the said bank shall not be required to receive any further subscriptions from the funds of any college, religious or ecclesiastical society, Subscriptions school or corporation for charitable purposes, and that hereafter made no college, religious or ecclesiastical society, school, or drawn without corporation for charitable purposes, shall have right to two years nowithdraw the subscriptions, which shall hereafter be tice. made to any bank, without giving to the directors thereof two years notice of its intention to withdraw the same, any law to the contrary notwithstanding; and that no college, school, or ecclesiastical society, or other charitable institution, shall subscribe a greater sum than five thousand dollars to any one bank. not be with. Annual state CHAPTER 4. An Act requiring a return of the Capital Stock and 1833. SECT. 1. BE it enacted by the Senate and House of ment of capital Representatives in General Assembly convened, That stock, by banks, the cashiers of all banks, and the secretaries or clerks insurance and of all insurance and turnpike companies, shall, annualturnpike comly, on the first day of October, or within ten days therepanies. after, make out, on oath, and deliver to the comptroller of public accounts, a true statement of the whole amount of capital stock of their respective institutions, and how much thereof belonged, on said first day of October, to resident, and how much to non-resident By savings in stockholders. stitutions. Penalty for neglect. SECT. 2. And the secretaries, treasurers or clerks of all banks for savings, shall make and return to the comptroller of public accounts, a true statement of all the monies belonging to their respective institutions, in the same manner, and at the same time, as is prescribed in the preceding and foregoing section. SECT. 3. And if any such cashier, secretary, clerk or treasurer shall neglect or refuse to comply with the requirements of this act, he shall forfeit one hundred dollars to the treasurer of this state, recoverable by the treasurer, in an action of debt. Who may not payment any bill, note, or other evidence of debt, issued rate- CHAPTER 5. An Act to prohibit the circulation of small bills, passed 1835. SECT. 1. BE it enacted by the Senate and House of pass or offer in Representatives in General Assembly convened, That it shall not be lawful for any person or corporation to pay, give, or offer in payment, or in any way circulate, or attempt to circulate as money, at any time after the any body corpo- first day of September next, within this state, any bill, note, or other evidence of debt, purporting to be issued by any body corporate, of a denomination less than two dollars; and it shall not be lawful for any person, or corporation to pay, give or offer in payment, or in any way circulate or attempt to circulate as aforesaid, at any time after the first day of March, one thousand eight hundred and thirty-six, any such bill, note, or When, and where, and amount. other evidence of debt of a denomination less than three dollars. SECT. 2. Any person offending against the provisions The forfeiture. of the foregoing section, shall forfeit for every offence five times the nominal value of any such bill, note, or other evidence of debt, to be recovered with costs of suit in the name, and for the use, of any person who shall sue for the same, and prosecute such suit to judgment in any court, having cognizance thereof. sue or circulate, note, &c. less SECT. 3. It shall not be lawful for any corporation Banks in this having banking powers in this state, at any time after state not to is. the first day of July, A. D. 1835, to issue, or in any after the 1st day manner put in circulation, any note, bill or other evi- of July, A. D. dence of debt, of any denomination less than two dol- 1835, any note, lars; and it shall not be lawful for any such corpora- denomination bill, &c. of less tion, at any time after the first day of January, 1836, to than $2. And issue, or in any manner to put in circulation, any such after the 1st bills, notes, or other evidences of debt, of any denom- day of January, 1836, any bill, ination less than three dollars. SECT. 4. Any such corporation violating the provis- than $3. ions of the foregoing section, shall forfeit one hundred Forfeiture by dollars, for each bill issued or put in circulation contra- tion for issuing. ry thereto, to be recovered, in the name, and for the use as aforesaid. of any person, who may sue therefor: and the superior court, or either of the judges of said court may at any time, by injunction, restrain such corporation, and its officers, from exercising any of its corporate rights, privileges or franchises, and from collecting, or receiving any debts or dividends, and from paying out, or in any way transferring, or delivering to any person, any of the moneys, property, or effects of such corporation, until such court, or judge shall further order. such corpora SECT. 5. Any person who shall purchase, or take at Not to take at a a discount, any bill, note, or other evidence of debt, discount. purporting to be issued by any banking corporation, or body corporate, not chartered by the laws of this state, and the circulation of which is prohibited by this act, shall in addition to the forfeiture provided by the second section of this act, also forteit for any such offence, the sum of fifty dollars, to be recovered with costs, in the manner provided by said second section, and any incorporated company in this state, that shall by its officers, agents, or servants take or receive in the course of its business any such bill, note, or other evidence of debt purporting to be issued by any corporation not charter- Forfeiture of ed by the laws of this state, shall, on conviction there- charter. of, forfeit its charter. Barberry bushes may be destroyed. Select-men may employ persons to de. stroy them at the expense of the town. for mainten ance. TITLE 7. Barberry Bushes. An Act for destroying Barberry Bushes. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That any person or persons, with the advice and consent of the civil authority, and select-men of any town, where any barberry bushes are, or may be growing, or in pursuance of the vote of any such town, passed in legal town meeting, may, at any season of the year, enter on lands, on which barberry bushes shall be growing, and dig up and destroy them, without being liable to an action therefor. SECT. 2. The select-men of any town, in which such bushes are, or shall be growing, may, in pursuance of a vote of the town, passed in legal meeting, employ any suitable person or persons, to dig up and destroy such bushes, and defray the expence thereof from the treasury of the town. TITLE 8. Bastardy. An Act providing for the support of Bastard Children. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That Mode of pro- any woman, who has been delivered of, or is pregnant ceeding in suits with, a bastard child, may exhibit her complaint, on oath, to a justice of the peace, in the town where she dwells, against the person she charges with being the father of such child; and such justice of the peace shall, thereupon, issue a warrant, and cause such person to be apprehended and brought before him; and if, on due inquiry, he finds probable cause, he shall order such accused person to become bound, with surety, to appear before the next county court, in the county, and abide the order of said court; and, on his failing to do it, shall commit him to the common gaol in the county. And if the child should not then be born, the court may order the continuance of such cause to the next term, and the renewal of such bond, if necessary. And if such woman shall continue constant in her accusation, being examined on oath, and put to the discovery, in the time of her travail, such accused person shall be adjudged to be the reputed father of such bastard child, unless, from the testimony adduced by him, or otherwise, the court shall be of opinion that he is innocent of the charge, when they shall acquit him, and he shall recover his cost. And if the court find him guilty, they Order of court. shall make an order, that he shall stand charged with the maintenance of such child, with the assistance of the mother, and that he shall pay a certain sum per week, for such time as the court shall judge proper, and that the clerk of the court shall issue execution for the same, quarterly: and the court shall ascertain the expence of lying-in, and the nursing of such child, till the time of rendering judgment, and order him to pay one half thereof to the complainant, and grant execution for the same, and lawful cost of suit and the court may direct, and require such person to become bound, with sufficient surety, to perform such order, and to indemnify the town, chargeable with the support of such child, from any expence for its maintenance; and if he fail to do it, to commit him to the common gaol, there to remain till he complies with the same. Provided, that if it shall appear that such mother does not apply Court may disthe weekly allowance, paid by the reputed father, to- continue allowwards the support of such child, and that such child is ance to the chargeable, or likely to become chargeable to the town mother, if not applied. where it belongs, the court, on application, may discontinue the allowance to the mother, for the support of the child, and may direct it to be paid to the select-men of such town, for that purpose, and may issue execution in their favor for the same accordingly.* SECT. 2. The town interested in the support of a When towns bastard child, when sufficient security shall not be offer- may prosecute. ed to indemnify such town against all charge and expence for the support of such child, and the mother neglects to bring forward her suit for maintenance, may, by their select-men, institute a suit against the person accused of begetting such bastard child; and may take up and pursue, in their name; by their selectmen, any suit commenced by the mother, for the maintenance of such child, in case she fails to prosecute the same to final judgment; and any bond, given by the defendant, in such case, to the complainant, shall have the same effect as if given to such town: and, if the court shall find the defendant guilty, they shall make an order that he shall give a bond, with sufficient surety, to such town, to indemnify them against all expence for the maintenance of such child, and to pay the cost of prosecution; and on failure thereof, may commit him *7 C. R. 288. 6 C. R. 44. 4 C. R. 563 3 C. R. 584. 1 C. R. 417. 1 Day 278. 1 Root 107. 229. 340. 2 Root 230. 490. 496. Kirby 267. |