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LAW OF GEORGIA. [RY AUTHORITY.) An act to incorporate the Hunk of Darien. Re it enacted by the Senate and House of Representatives of the State of Georgia, in Gen eral Assembly met , and it is hereby enacted by the authority if the same , That a bank shall be es tablished in the town of Darien, tne capital stock whereof shall not exceed one million of dollars, divided into ten thousand shares of one hundred dollars each, of which live thousand shares shall be reservetf until the Ist day of January, one tnou sand eight hundred and twenty, on tne original terms, then or at any prior time, to be taken by the state, according to the pleasure of the gener al assembly; whereby the state, at any subsequent election, snail be entitled to the appointment of five directors; and if they be not then taken by the state, to be disposed ofin manner hereinafter provided and prescribed. § 2. And be ii further enacted by the authority aforesaid, That the subset iptions for constitut ing and collecting the capital stock of said bank, shall be opened in the tow nos Darieii, on the first of January next, under the direction and superin - tendance of Thomas Spalding, Jacob Wood, William A. Dunham, Calvin Bakci and Philip K. Yongc, a majority of whom shail be compe tent to the discharge of duties hereby devolved upon them; also, and for the same purpose, in the town of Mihedgeville, under the direction and stiperintendance of Robert Rutherford, Seaborn Jones, John Howard, Zachanah Lamar and John Lucas; also, and for the same purpose, in the town of Dublin, under the direction and superin tundance of T. Moore, A. Love, N. Munro, Joan Thomas and John Guyton; also, and for the same purpose, in the town of Clinton, under the direc tion and superintciulance of John Mitchell, Isaac Harvey, Harrison R. Smith, Samuel Cook, and James Smith; also, and for tiie same purpose, in the town of Watkinsville, under the direction and supcrintendance of Joseph Moss, Hezekiah Sto vall, William Manly, Thomas R. Mitchell, and John Jackson; also, and for the same purpose, in the town of Hartford, under the direction and su lierintewlance of Duncan Ray, John Rawls, keter Greene, Gray B. Gardner and Eli Lester; it Eatonton under the direction and superintend ii.ee of Irby Hudson, William Wilkins, Wiliie \bercrombie, William Williams, S. W. Harris, an ‘ D. Ncwnan; at Mondcelio, under the direc tion and supcrintendance of Joan WLsjn, Wil li .m Cook, Reuben C. Shot ter, ami Robert Robey; at Morgan Court-House, under tne direction and supcrintendance of James Mitchen, Whiiam Johnson, Adam G. Saffoid, Henry Cook am! John Wingfield; ui Hancock Court-House, unoer the dii ection and supcrintendance of Hugh Taylor, C. E. Haynes, John Lucas am! William G. Springer; at Sandersviile, under the direction and supeiinteiidance of Thomas 11. Rutherford, Morgan Brown, William A. Tennilk, William Rollins and Benjamin Skrinc; at Lincolnicn, un de. the direction and supcrintendance of Rem R mson, Peter Lamar and Lewis Stovall; aiso, and for the same purpose, in the town of Marion, under tin* direction and snperintemlance oHlem v jflßßprrcil, Hope WUmTI Watkinsville, to hundred ai ' a ht . m S| at Hartford, i\m> huydre* Purest 11l WJtwo hundred shares; a? Grcensborough, two 1, unci red share*; at Tiwinton, one humhecl anti f v shares; at Columbia Court-House, two bun- , SL shares at Eatontod, two hundred ant fifty I sha cs TMonficeno. two httudrcd and fifty a . Morgan Court-House, two hundred and fifty shares;’ at Court-Hem,. two a f ‘rlml shares; at Sandersviile, two Hundu and kjjLAfty shares; and at Lincolnton, one hundred HnKl: j'nTtu-'it further enaettd, That should i*wral assc mhly not authors the t'oi In o s.tnd s! ; - es m ’’ t<’ ‘■ > ‘ ‘ ; V. ♦ kt ‘ ■ ■’ ‘/t- i ■'?: * ‘* ’h, t‘” f made a corporation and body politic, by the] name and styic of the Bank of Darien, and arc hereby made alne and capable in law, to sue and be sued, plead and be impleaded, answer and be; answered, defend and be defended, in courts of record, or any place whatsoever; and aiso, to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and 1 also, to ordain, establish and put in execution,’ sue bye-laws, ordinances and regulations, as shall seem neccssa.y and convenient for the govern ment of said corporation; provided, such by-laws, rules and regulations, be not contrary to the laws! and constitution of this state, or of the United j Slates; and geneialiy to do and execute all and singular, such acts, matters and things, as to them ! may or snail appertain to them to do, subject! nevertheless, to the rules, regulations, restric-j tions, limitations and provisions, hereinafter pre scribed. § 5. And he i\further enacted by the authority aforesaid , That for the well ordering of the ass airs of the said corporation, there shall be ten directors, five of whom shall be elected by the stockholders, and live by the state. The direc tors on the pai l of the stockholders, after the first election hereinafter mentioned, shall, on the first Monday in January annually, be elected by the stockholders or proprietors of the capital stock of the said corporation, and by plurality of the votes actually given in; and those who shall he duly chosen at any election, shall be capable of serving as directors by virtue of such choice, un til the end or expiration of the first of January next ensuing the time of such election, and no longer; and the said directors, at their first meet ing after each election, shall choose one of their memberas president, and in case of his death, resignation, removal from the slate, or from the board of direction, the said directors shall pro ceed to fill tiie vacancy by anew election for the remainder of the year; And it is further Jirovid ed, that in case it should at any time happen, that an election of directors should not be made upon the day, when pursuant to this act, it ought to have been made, tne said corporation shall not for that ca sc be c e m and to be dissolv ed, but its ailbe lawful on a.v o .her day, to hold and make an election of directors, in suen man ner ass ah hav e been regular cl by tne rules and bye-iaws ol the said corporation; And provided, t.iat in case ol the absence or removal of a direc tor, Ins place may be filled by anew choice for the remainder ot Lie y< ar hy ,he remaining directors. § 6. And be it further < nacted by the authority aforesaid. That if there shad be a failure in the payment of any sum subscribed by any person, copartnership, or body politic, when the same is required to be paid by this act, or when it shail be required to be paid by the directors, the share or shares on whic:i such failure shall accrue, shall lor such failure he forfeited, and may be again soul and disposed ofin such manner as the direc tors shall order and provide, and the sums which may nave been paid thereon, shall enure to the benefit of the said corporation. § 7. And be it further enacted by theauthoritu afov said, That llm d^J^sfot-JMB^ 0 be accordU^^^^^ SrofEn- he shall hold, in tte *WJ ’ proportion, viz. for one share, one vote, tot shuts and not exceeding ,vi V {> shares above five, one vote, j t; £ no pc i sow, corporation, or hotly politic, s ta be entitled, m his, her or their .™r#h“ more than thirty votes; and aftei t . CISL on shares shall confer a right tot wT*sch sIS been holden three calender months prevfcusVo the d>y of^leetton. °d None but a stockholdei, ei _ . „ own righVto fifteen shares, and being this stain W not being a direct* of Wg> bank, shauSbe efigible ash.di.ecto., 5” any ! one of the diWc.di s, al^ng tJfc^vsisssesßSW: thgjetipon, slian inxom'jr, * . ! above qualification be fol no Q f to s on’ the ,*vt of the /ate: SM a vacancy of any director on the j/* s^ ng the r *|by deatn, resignation, or otlßll f*/• t u at case , . recess of the legislature,, then, an L t ., , t ;k . s ad ! ave the power of blbng tt*J P clb 1 * 3d. The directors shall make such compensa-1 tion to the president for his services as snail ap pear to them to be reasonable. 4th. Not less than five Ylirectors shall consti tute a board for the transaction of business, of whom the president shall always be one; unless in case of sickness or necessary absence, in which case, his place may be supplied by any director, to be elected president pro tern, by a majority of the board present. sth. Any number of stockholders not less than thirty, who together sha.ll be proprietors of two hundred shares or upwards, shall have power at any time, to call a meeting of the stockholders, for purposes relative to the institution, giving at least sixty days’ public notice in the public pa pers, specifying in such notice the objects of stfch meeting; and in every such meeting of the stockholders, there shall be appointed by the three fit and proper persons, who shall have votes in proportion to the stock owned by the state, to attend as representatives of the state’s interest in said bank. 6th. The cashier of the bank for the time be ing, before he enters on the duties of his office, shail give bond, with two or more securities to the satisfaction of the directors, in a sum not less than forty thousand dollars. 7th. The lands, tenements and hereditaments, which it snail be lawful for the said corporation to hold, shall only be such as may be requisite for its immediate accommodation in relation to the convenient transacting its business. 7th. The totai amount of tne debts which the said corporation shall at any time owe, whether by bond, bill, note or other contract, shall not ex ceed three times their capital stock, over and a bove the amount of specie actually deposited in their vaults for safe keeping; in case of an ex cess, this charter shall be deemed and consider ed as forfeited to ah intents and purposes, and the directors under whose administration it shall happen, shall be liable for the same in tlieir indi vidual, natural and private capacities;—and an action of debt may in such case be brought a gainst them, or any of them, their, or any ot their heirs, executors or administrators, in any court of. record in the United States, or of this state, having competent jurisdiction, or either of them, by any creditor or creditors of said institu tion, and may be prosecuted to judgment and execution, any condition, covenant or agreement to tho contrary notwithstanding: but tnis shall not be construed to exempt the said corpoiation, or the lands, tenements, goods and cnattles of the same, from being also liable for, and chargeable with, the said recess; and such of the said direc tors who may have been absent when the said excess was conttact<*d or created, or may have dissented fiopoWie resolution or act, whereby the same was “ contracted or created, may re spectively exonerate themselves from being so liable, by having their dissent, if present, enter ed on the minutes of tb^A : and corporation. 9th. Fhe directors,have power to issue to the of stock, Gficfi sludJtik- the books of th^ when two A\vfijk shalfreqmre it, 1d > nays of the jlifecTors votm ? , shall be duly msen ed on their minutes, and these to be at 1 all times, on demand, produced to the stocky holde#, whgda* meeting the same, | 11 1'tth b 'rhe <l a)i'poratiolf'shall exist and CO “V nnc until eight hundred and thirty-stten, afferthudisJuaoboft^gjb^rrSk ‘last appointed, and concerns of the corpor&on. ing theJjmckTiolders, *o them rfspc The directors shallj, .witlun si***!! a r.x;:rr a.... , • r*’ place contiguous to (he Ocmulgec, within two years from Lie time the said bank shall go into operation, for the purpose ot discount and depo sit only, and upon the same terms and in the same manner as snail be practised at tne bank which shall be established in the town ol Darien; and at any time thereafter, to establish any one or more offices of discount and deposit at any other place or places, at the discretion of the direc tors, or a majority of them, and to commit the management ot said cilices to suen poisons, and under such agreements and subject to such reguia ions, as they* shall deem proper, not contrary to law or to the constitution ol t!.c bank; and the amount of stock shall be ap portioned by the directors in the different bran ches according to the exigencies of business. §lO. And be further enacted, That all notes discounted by said bank, shall be made paya ble at the office where they arc offered; and if the indorser or indorsers live without the lim its of the town where said bank or office of dis count may be established, they shall be held and bound for the payment of the note, without any demand being made of the drawer, or notice of its nonpayment being served on them. 1 § 11. And b it further enacted by the authori -’ ty aforesaid, That tne sums respectively sub scribed for, shall be payable in the manner fol lowing, viz. twenty-five per centum as before spe cified, and the remainder of the sum so subscrib ed, at such time or times as the directors of the said bank may recjuiieand direct; / irovidecl , that sixty days notice of the time, at which payment is required to be made, be given in the public gazettes of Darien and Milledgeville; and noth ing herein contained shall prevent any future legislature from encreasing the capital of t.fis ba k, if deemed necessary, to tne amount of one million of dollars more. § 12. And be it further enacted, That notes is sued by the mother bank, shaii be made payable at the same, and the notes issued by any of its offices of discount and deposit, shall be made payable at said offices; and if the bank, or either of its offices of discount and deposit, shall at any time fail or refure to redeem their notes in spe cie, and the same shall be protested before any notary public, the legislature may direct its pro secuting officer to commence an action in any court having competent jurisdiction thereof, for such violation, and on the fact being established, the charter may be declared and considered for feited: Provided , that nothing herein contained shall prevent said corpoi ation, in case of a for feiture of their cnarteik from collecting, in iheir corporate capßtity, previously due them, and hi heifl compelled to pay alt debts due by e. ration. §l3. And be itfurftyFenacted, That the per sons and property in said bank snail be pledged in proportion to the amount ol the s that each indivkiu- for hold said ‘'or bunk, .11 -j.v . : d'-'.fp -V-ijAr ■ & I??;\ fy.h: ■ ’ ‘ it il 17 >; \f- rßpl'd’diieCji'ii S & ‘ m “ddd'hof fjf.eot M ninety dais. w'u,d . IP 1 --/ amogne of thb magHMyr Mdent v , ton n >n .v Pickin’ ted, / r ■■ f ‘i} Jd" It . in tropin s:t:-*f\ aii'l viib- n§thii^ lx so <•■ ‘ir,trued as ’o said institution < tit ■jpljin, but tel. gislature shall at all power etarresting or suspending saiTSßcr, vhenevrf llshall be made jty*car that the said juration Jias n all or any of • s[Attesjf(yt'oolsth ■cc6mbci’, 1818. W ■ [ y. IMPORTANT *I'RIAL. l/ , November 27* The suit of general Adair agaipst general Wilkinson, 3#false imprisonment, in the supe rior court mv sitting, in this-city, on trial tile cay Stmlay'V The examination of the testimoyflasteefc argument rof counsel .ok up the next. The jury retired last nightJ determine oy the veyflict that should be rewfom and this morning, found for gener al of §2,500. - Itvjnt recollected that during the period of whajjis trued the Burr4Monspiracy, general .•Vtlaif.arnim: ia^ew-Orlajtfis, was immediate . l*Bm:sti jradßtaffder ol general Wilkinson, - the tfien ■ armies, and shipp 1 and tdacity : Int general for <; i 1\