The monitor. (Washington, Ga.) 1800-1815, August 31, 1805, Image 2

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{or affirm) that the flock of C. D. whom you now represent, is to the befl of your knowledge and belief, the property of the said C. D. and that no other person or persons is or are concerned there in ~\ And any flock-holder refkrf ing to take such oath or affirmation, ffiai! not be allowed to vote at such eleClion. ~ Ru!es. Any person or perfons* holding or fubferibing for flock in the said bank, in the name or in trufl for minors, fhail, to all in tents and purposes, relating to this aCt, be viewed and taken as hold ing or fubferibing such flock, in the name or names of such per lcn.or persons so holding or iub feribing, and in voting at any meet ing of flock-holders, such persons ihall be entitled to vote in such proportion only, as if the flock of such minor or minors was the foie and exclusive property of the person or persons so voting. R.ule 6. A fair and correct lift of the flock-holders fhali be made cut, at lead two weeks before any eleClion of directors, to be fub rniited to the iafpeCtion of any flock-holder who fhali require to fee trie fame, to the end that pub lic information may be given to the parties concerned, of their co proprietors and (lock-hoiJers. Rule 7. No direCtor of any o ther bank ffiall be eligible as a di rector of this corporation, neither ffiall any flock-holder who is not a citizen of the United States be eligible as a dircCtor, Rule 8. Not more than three founds of the directors, executive i of the prefideat and the four ap- ] pointed by the legifhturk, (hall bs i eligible! for the next fucceedivig | •yiu But the- do rector. w.ha-(h.:JiJ be president at the time of any e le&ion may always be re-elected. . Rule 9. No less than fix di reSors (hall cbnftitute a board for the transaction of bufmefs, of whom the president sh ill always be one, except /in case of sickness, or necessary absence, in* which case his place may be supplied by any other director, whom he, by writing under his hand, fhali no minate for the purpose, and in default of such nomination by the president, or in case of the sick ness or necessary absence of the person so appointed, in either e vent, the board of directors may, by ballot, appoint a temporary pre sident. Rule 10. The directors fhali keep fair and regular entries in a book, to be provided for that pur pose, of their proceedings, and on any question, where two direct ors fhali require it, the yeas and nays of the directors voting fhali be duly infer ted on their minutes, and those minutes, be at all times on demand, produced flock holders, when at a general meet ing, or to the legiilature, or any committee thereof, who ffiall re quire the fame. Rule 11. The flock-holders ffiall allow such compensation to t-iiv fervfcesp&S may appear to them reasonable. Rule 12. Every calhier and o ther officers appointed by the di rectors, before he or they enter on the execution of his or their duty, fhali give bond with two or more fee unties, to the fatis faCtion of the directors, in a sum to be agreed on by the board of directors, conditioned for hjs or their good behavior. * Rule 13. fwip ;f calhier shall take the following oath,* on entering on the duties of their refpetfiyfc offices f “ that they will well and faithfully dis charge the duties thereof.” Rule 14. The total amount of the debts which the bank lhall at any time owe, including the mo nies then a&ually deposited in the bank for fafe keeping, whether by bond, bill, note, or other con trad, (hall not exceed in the ag gregate the sum of two millions of dollars, unless the contracting of any greater debts shall have been previously authorifed by a law of this flafe ; in case of ex cels, ther dirtClors under whose administration it shall happen, fliall be liable for the fame in their private capacities, and an a&ion of debt may in such cases be brought agaiiift them, or any of them, their, or any of their heirs, executors or administrators, in a ny court of this state having ju* liididion, by any creditor or cre ditors of the said corporation, and may be prosecuted to judgment and execution, any condlrio'n7~'to venant and agreement to the con trary notwithstanding. Rut this fliall not be construed to exempt the said corporation, or the lands, tenements, goods, or chatties, of the fame, from being also liable and chargeable with the said ex cels. Such of the laid directors who have been absent when the said excels was contraded or cre ated, or who may have dissented from the resolution or act where by the fame was so created or contracted, may refpedively ex onerate themse lves from being so liable, by forthwith giving notice fT f .d> and of their absence„ or dissent, to the governor or the state, and to the flock-holders at a general meeting, which they fliall hive power'to call for that pur pose. Rule 15. The lands, tenements and hereditaments which it shall be lawful tor the said corporation to hold, shall be only such as shall be requisite for its immediate ac commodation, in relation to the convenient tramactino: of its bu siness, and such as fliall have been bona fide mortgaged to it by way of security, or conveyed to it hi fatisfactioii of debts contracted in the course of its dealings, or pur chased at fates upon judgments which fliall have been ob'.ained lor such debts. Rule 16. The flock of the bank shall be assignable and transferable according to such regulations as may be mftituted in that behalf by the directors. Rule 17. A meeting of the flock-holders may be called at any time by the president and direct ors, or by any director who pro tefls against the proceedings of the bank, and who wishes the proprie ty of his dissent to be considered by the flock-holders, or whenev er the holders of three hundred fliares and upwards, shall require the fame. Provided however, that no such meeting (hall be deemed regular, unless sixty days notice be given of the intention to call the fame, in at leafl two public gazettes. Rule 18. The accounts of the corporation fhail be balanced to the ialt day of June and Decem ber of every year, and a dividend shall be declared every half year, of so much of the profits as fliall Appear to the diredors advisable 5 | •nd at the expiration of tyeryj ■fourth year, from the second WK|pitj of next, the direHP ors shall lay before the flock-hold ers at a general meeting, for their information, the amount of fur pi us profit, if any, after deducting losses and dividends, Sec. 5. And be it further en abled by the authority aforesaid , That the said corporation fliall not be pe permitted to purchase or Jhold any public debt whatever, exempt what may be fubferibed by the Rate, as part of the capital, and except such as may be bona fide pledged to the said corpora- | tion on monies loaned by it; nor i shall the said corporation diredly \ or indiredly deal or trade in any * thing, except bills of exchange, 1 gold or fitver bullion, or in the sale of goods or public flock, re- ! ally and truly pledged for money lent, and not redeemed in due time, or of goods which shall be the produce of its lands ; neither ! fliall the Laid corporation take more 1 than at the rate of fix per centum j per annum for or upon its loans <<difc o u nts. ..... -1# . And be it further en abled by aforesaid, That the bills obligatory, and of credit under the leal of the said corporation, which shall be made ; ! to any person or persons, shall be ! assignable by indorfement thereup- ! on, under the hand or hands of such person or persons, and of his, her or their assignee or assignees, ; and so as abfolutdy to transfer 1 and veil the property thereof in each and every assignee or assign ees fuccdlively, and to enable such assignee or assignees to bring and maintain an action thereupon in their nime or names. And bills’ m* notes which may be may be issued hy order of the said corporation, signed by the presi dent, and counterftgned by the j principal calhier or treasures there j of, promising the payment of mo- J ney to any person or persons, his, ■ her or their order, or to bearer, j though not under the seal of the said corporation, lhall be binding and obligatory upon the fame, in the like manner and with the like 1 force and effects as upon any pri ! vate person or persons, if issued by ; him, her or them, in his, her or tneir private or natural capacity ; or capacities, and fliall be assign- j able and negotiable in like man- ; ner as if they were so issued by ■ luch private person or persons, ] that is to fay ; those which are j or fliall be payable to any person j or persons, his, her or their order, fhail be assignable by indorfement- j in like manner, and with the like j effect as foreign and inland bills j ot exchange now are, and those -i which are or fliall be payable to | bearer, shall be negotiable and af j fignable by delivery only. Sec. 7- And be it further en j acted by the authority aforesaid , That if the said corporation, or any person or persons for or to the use of the fame, shall deal or 1 trade, in buying or felling any ! goods, wares, merchandize or commodities whatsoever, contrary to the provisions of this ad, all and every person and . persons by whom any order or diredion for so dealing or trading shall have been given, and all and every per son and persons who shall have been concerned, as parties or a gerko therein, fliall forfeit and lose * • 01 the rrnnJ ! ik and cL Js > I which such I trade (hall have b aan 3 half thereof to the use of [u C ? e ft former, and the other half* 8 r= of , ta w I with cofls of suit. m S. 8. And be it furth- i aded by the authority C § lhat one thousand, five 1 fliares fliall be fubferibed ft a* 1 state, in the following tnat is to fay: that it shall anA! may be lawful for the comp tr „i | ler-general of the finances of C $ state, or in case ol the abolffl of his office, or of his death T I fignation or absence from the ftakl for the person or persons who trail be hereafter appointed by the I*l giflature for the purpose, anclfyjg or they are hereby authorized aril and required, to cause a ffiblcrkl tion of one hundred and fifty thou.! sand dollars, to be made to the! flock of the said corporation 0 r ■ bank, as part of its capital, anil that the laid sum of one hundred! and fifty thousand dollars, so -to| be fubferibed, be paid to the said i bank as follows : that the fund 1 ed debt of the United States, tijJ property of this state, amounting* to twenty-three thousand, nine! hundred and eighty-five dollars J sixty cents, be paid into the hands! of the directors as soon as the firtt! election of the fame shall take! place, and the remaining fuml under and by direction of the! comptroller, or person or perfonJ herein before mention and, a? ikg case may be, in a certificate cri * certificates, as may be fount! moll convenient, bearing an mterefl cl fix per cent, per annum, to comJ r&cnce ns form as the said bank {kill be m operation, which funded! flock of the property of this state, and uereC by di rcSted to be paid into thtg said bank, and certificate or cerf tificates, the president and direct# ors of the said corporation, fha!l| if they think proper, fell and diffe pose of, in part or in whole, fori the use of the said corporation,l whenever they fee fit so to cio,|j and the faith of the state is her&r by pledged, together with thaf|, proportion of the dividends an# ing from the bank, for the yf demption .of the interest and pr®| ciple of the certificate or cert%;. cates so to be issued, which cei&.?.’ ficate or certificates the state nw at any* time take up by the amount thereof into the b;n;;jL Provided nevertheless , • an I further enacted , That when annual proceeds arising from 1 said bank to the state ffinli 15 be fufficient to dilcharge the eft'that may be veariy due ‘■. the state to the bank, that no j ney shall be drawn from fury of this flats for the of the fame. 11 Sett. 9. And be it firth fr f c aded by the authority That in case of the death} J. X ity or resignation, or the state, of the comptf° __ era), the governor aiffi * er in chief for the traie -d (hall be and he is „ and required to appoint miflion fome fit and P ro P e : Cfj to perforin the duties el! j°‘ j(’ .or entrusted to the t j general under and rn r • | v , of this aa, except as to % ties preferred and prcvi^cu