Georgia & Carolina gazette. (Petersburg, Ga.) 1805-18??, September 12, 1805, Image 2

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i.vctw (or t/Tifiu) that the floe* you now rep relent, it bona file, your property, and that no other person or persons is or are con cerned therein, and that you are a citizen of the United States,” and to any person voting by proxy, or tor a minor, or in right of or in trust; for any other per son entitled to vote, the follow ing oath : • You A. B. do swear (or affirm) that the flock of C. P. whom you now represent, is t* the best of your knowledge and belief, the property of the fait} C. D. and that no other per son or persons is or are concern ed therein.” And any flock holler refufing to take such oath or affirmation, shall not be al lowed to vote at such election. fulc 5. Any person or per fonl holding or lubfciibing for flock in the said Bank, in the nark or in trust for minors, ffiaj, to all intents and purposes, relating to this aft, be viewed and taken as holding or fubferi bin*j such flock, in the name or narrjes of such person or persons so holding or fublcribing, and in voting at any meeting of ftock hojders, such persons fliall be entitled to vote in such propor tion only, as if the flock of fach minor or minors was the foie and exclusive property of the person or persons so voting. Rule 6. A fair and correct lift: of the ftockhoiders shall be made our, at left two weeks before any e left ion of direftors, to be submitted to the fnfpeftion of any stockholder who (hall re quire to lee the fame, to the end that public information may be given to the parties concerned, of their co-proprietors & flock holders. Rule 7. No direftor of any other Bank sh ill be eligible as a direftor of this corporation, nei ther (hall any stockholder who is not a citizen of the United States be eligible as a direftor. Rule 8. Not more than three fourths of the direftors txclufive of the Prefidcnt and the four appointed by the Legiftature, fliall be eligible for the next succeeding year: But the direc tor who shall be President at the time of any election may always be re-elefted. Rule 9. No less than fix di reftors lhall constitute a board for the tranfaftioo of business, of v. hom the President shall always be one except in case of sickness or neceffiaiy absence, ‘in which €j- •: h s place may be supplied by any other direftor whom he, by writing under his hand, lhall nominate for thepurpofe, and in default of such nomination by the President, or in case of the sickness or necefifury absence of the person so appointed, in ci ther event, the board of direc tors may, by ballot, appoin* a temporary President. Rule 10. I lie direftors shall keep fair and regular entries in a book, to be provided for that pur pole, of their proceedings* and on any question, where two direftors fliall require it, the yeas and nays of the direftors voting shall be duly inferred or. their minutes, and those minutes, be at all timer on demand, pro duced to the ftockhoiders when at a general meeting, or to the ’ Lrg'fhrure or any committee thereof, who Hull r.p-ire the I famev Rule u. Ihe -ftockhoiders shall allow such compenfacion to the President, for his fervi'- ces, as may appear to them rea sonable. Rule 12. Every Cashier and other officers appointed by the direftors, before he or they en ter on the execution of his or their duty, shall give bond with two or more ftcurities, to the fatisfaftion of the direftors, in a sum to be agreed on by the board of direftors, conditioned for his or their good behaviour. Rule 13. The President and Caihier shall take the following oath, on entering on the duties of their refpeftive offices ; <( that they wiil well and faith fully difeharge the duties there of.” Rule 14. The total amount of the debts which the bank fliall ai any time owe, including the monies then aftuaily drpefi ted in the bank for fafe-keeping, whether by bond, bill, note or other contrast, fliall not exceed ‘in the aggregate sum jpf tWO millions of dollars, urfiefs the contrasting of any greater debts shall have been previously au tborifed by a law of this state ; in case of excess, the direftors under whole acminiftratjon it fliall happen, shall be liable for the fame in their private capa cities and an aft ion of debt may in such cases be brought against them, or any of them, their, or any of their heirs, executors or administrators, in any court of this state having junfdiftion, by any creditor or creditors of the said corporation, and may be prosecuted to judgment and ex ecution, any condition, covenant and agreement to the contrary notwithstanding. But this lhall not be construed to exempt the said corporation, or the lands, tenements, good:: or chattels of the fame, from being aifo liable and chargeable with the said ex cess, such of the said direftors who have been absent when the said cxcefs was contracted or created, or who may have diflen ted from the resolution or aft whereby the fame was so created or contraftcd, may refpeftively exonerate themfelvrs from be ing so liable, by forthwith giv ing notice of the faft and of their absence or cifienf, to the governor of the state, and to the flock-holders at a general meet ly which they shall have pow er to call for that purpole. Rule 15. The lands, tene ments and hereditaments which it shall be lawful for the said corporation to hold, fliall be on ly such as lhall be requisite for its immediate accommodation, in relation to the convenient tranfafting of its business, and such as fliall have been bona hue mortgaged to it by way of security, or conveyed to it in latisfaftion of debts contrasted in the course of its dealing*, or purchaftd at idles upon judg ments which lhall have been obtained for such debts. Rule 16. The stork of the bank fluffi! be assignable and transferable according to such regulations as may be loftitmeci in that behalf by t’ e direftors. Rule 17. A meeting of toe ftjck-holders may be c slic'd at aiy time b} the ihefident and dinfters, or by any d'rc&or who protests aga nft the procec diugs of the Bank, and who wiffi es the propriety of his dillcnt to be confidercd by the stock-hol ders, or whenever the holders of three hundred {hares and up wart's, ffiali requite the fame. Provided however , that no such meting fliall be deemed regu lar, unless sixty days notice be g.ven of the intention to call the lame, in at least two public Ga zettes. Rule 18. The accounts of the corporation ffiail be balanced to the last day of j une and Decem ber cf every year, and a dividend fliall be declared every half year, cf so much of the profits as (hall appear to the direftors adviiable ; and at the expiration of every fourth year, from the second Monday of January next, the direftors fliall lay before the stock-holders at a general meet ing, for .the r information, the amount cf lurplus profit, if any, after deducting losses and divi dends. Sic. 5. And le it further sn uffed ly the authority aferejaid, \ That the said corporation fliall not be permitted to purchase or hold any public debt whatever, except what may be fubferibed by the ft te -s part of the capi tal, and except such as may be bona fide pledged to the said corporation on monies loaned by it i nor shall tne said corpo ration direftly nor indireftly deal or trade in any thing except bills of exchange, gold or silver bullion, or in the laic of goods or public flock, really and truly pledged for money lent, and not redeemed in due time, or of goods which fliall be the pro duce of its lands; neither fliall the said corporation take more than at the rate of fix per centum per annum for or upon its loans or difeounts. Sec. 6. And he it further en abled by the authority aferefaid , That the bills obligatory, and of creek under the seal of the said corporation, which fliall be made ro any person or persons, fliall be assignable by indorfemenc thereupon, tinder the hand or hands of such person or persons, and of his, her or their afllgnee or affigrecs, and r o as ahfclutdv to transfer and vefl the property thereof in e;v-h and every as signee or aflignees fuceeflivdy, and to enable such assignee or assignees to bring and maintain an aft ion thereupon in his, her or their name or names. And bills or notes which may be illu cd by order of the said corpora tion, signed by the President, countersigned by the principal Cashier or treasurer thereof, promising the payment of mo ney to any person or persons, his, her or their order, or to bearer, though not under the seal of the said corporation, shall be binding and obfgatory upon the fame, in the like manner and with the like Tree and crusts as upon any private person or per sons, if iflued by him, her or them in his, her or their private or natural capacity or capac ties* and fliall be assignable and nego tiable in like manner as if they were so issued by iuth plicate person 0: persons, that is to lay ; rhofe which a*e or shall be nav sble :o any person or pe*for.s, ’ hk, Lessor their ore! t.;, ffiffil be assignable by indorkmenr, in like manner, and with the like efteft as foreign cr inland bills of exchange now a e, or lhall be payable to bearer, (hall be nego tiable and assignable by delivery only. Sec. 7. And he it further en~ affed ly the authority aferefaid, That if the said corporation, or any person or persons for or to the use cf the fame, shall deal or trade, in buying or felling any goods, wares, merchandize or commodities what foe ver, con trary to the proviflons of this aft, all and every person or per sons by whom any order or di reftion for so dealing or trading (hall have beer given and all and every person or persons who ffiail have been concerned as parties or agents therein, ffiail forfeit and lose treble the value of the goods, wares, merchan dize and commodities, in which such dealing and t rade ffiail have been ; one half thereof to the use of the informer, and the other half to the use of the state, to be recovered * :th costs of luit. Sec. 8. Andie it further en abled, by the authority aferefaid. That one thculaod five hundred ftiares fliall be fubferibed by the state, in the following manner* hat is to fay : that it fliall and may be lawful for the comptre* ler-general of the finances of this state, or in case of the abolition of his office, or of his death, re Agnation or absence from the ftaie, for the person cr persons who may be hereafter appointed by the Legislature for the pur pose, and he or they are hereby authorifed and required to cause a fubfeription of one hundred and fifty thouftind dollars, to be made to the stock of the said corporation or Bank, as part cf its capital, and that the said sum of one hundred and fifty thou sand dollars so to be fubferibed, be paid to the said Bank as fol lows ; that the funded debt of the U. States, the property of this state, amounting to 23,985 dollars, 60 cents, be paid into the hands cf the direftors as soon as the fi rft cleft ion of the fame fliall take place, and the remain ing sum under and by direftion of the comptroller, cr person or peifons herein before mention ed, as the case may be, in a cer tificate or certificates, as may be found moft convenient, bear ing an interefl of fix per cent, per annum, to commence as soon as the said Bank ffiail be in operation, which funded stock of the United States, the pro perty of this state, and hereby direfted to be paid into the said Bank, and certificate or certi ficates, the President and direc tors oitiie ft id corporation, ffiail, if t.l ey think proper, fell and difpole of, in part or in whole* ft-r the ale of the said corpora tion, whenever they fee fit so to do, rnd the fift h of the flare is hereby pledged, together with then proportion cf die dividends arifmg fr m the Bark, for the redemption of the interest aid principal of the certificate or cert ficatts so to be ilfued ; which certificate or certificates the state rn ty at any time take up by pa- rg the amo mt thereof into t..c L ink ; Provided now-