Chap. I. Derby Bank. Bank shall be negotiable. and all such bills and notes shall be assignable or negotiable according to the custom of merchants and the laws relating to inland bills of exchange, and shall be received in payment of all debts due said Bank.-And all notes in writing given What notes for the payment of money only, which shall be made and given or insigned by any person or persons, or by a servant or agent dorsed to the usually entrusted by him, her, or them to sign such promissory note, for him, her, or them, the same being made payable to any person or persons, his, her, or their order, or to bearer, and indorsed over to the said corporation, shall be assignable and negotiable in the same manner as inland bills of exchange are, according to the custom of merchants; and said corporation, to which the same may be indorsed, shall and may maintain action thereon for the money promised in such note or notes, against the person or persons, who, or whose servant or agent as aforesaid, shall have signed the same, or against any of the persons who shall have indorsed the same, in like manner as in the case of inland bills of exchange. The debts of the corporation, whether Debts of the by bill, bond or note, shall not, at any time, exceed fifty per Bank limited. cent over and above the amount of the capital stock of said Bank, which shall have been paid in. § 3. And be it further enacted, That the capital stock of Capital stock. said Bank shall consist of one thousand shares, unless a how increasgeneral meeting of the stockholders should hereafter judge ed. the increase of trade to require an addition thereto, in which case a new subscription may be opened for enlarging the capital stock of said Bank not exceeding one thousand shares, at one hundred dollars each, which shares shall be subscribed and filled, in such manner as the General Assembly may direct. And no person, or copartnership shall be allowed to subscribe more than one hundred and twenty shares in said Bank.-And no corporation or body politic, other than herein specified, shall have or hold any share in the stock of said Bank. § 4. Be it further enacted, That subscriptions for consti- Subscriptions tuting the capital stock of said Bank shall be opened in Der- how made. by under the superintendance and direction of the Hon. Jonathan Sturges, Nathaniel Smith, and Matthew Griswold, Esqrs. who are authorised to receive the first payment, and to call the first meeting of the stockholders for choosing directors, who shall continue in office until the next annual election thereafter ensuing.-There shall be paid on each share at the time of subscribing twenty-five dollars, and within ninety days after opening the subscription, twentyfive dollars more; and the residue of the respective shares, Penalty for failure of payment. What socie ties shall, at all times, have a right to subscribe. When to choose a director. Statement to be made to General Assembly semiannually. Proviso. ww Chap. I. Derby Bank. or any part thereof, when called for by the directors, they giving thirty days notice that such payment is wanted. If the subscription should exceed one thousand shares, the persons aforesaid shall reduce the same to that number, from each individual subscription in proportion to the amount of such subscription-fractional parts, if any, to be disposed ofas said persons shall direct. Each subscriber shall state in writing the number of shares which he will take, and inclose it to the commissioners, under seal, with the sum of twenty-five dollars on each share, which letters shall not be opened until the time of subscribing shall have expired.In case of failure to pay the second or any future instalment, assessed by the board of directors, the person or persons so failing, shall lose the benefit of any dividend, accruing for the time such payment shall have been delayed.And the commissioners shall give thirty days previous notice of the time and place when and where they shall meet to receive subscriptions, by advertising in one of the public news-papers printed in the city of New-Haven. § 5. Be it further enacted, That in addition to the subscriptions herein before authorised, the said Bank shall at all times be open for subscriptions at the rate of one hundred dollars for each share, to be paid from the funds of this State, or any of the ecclesiastical societies, schools, or corporations for charitable purposes, within this State-but such shares shall not be transferable-and the monies for such shares may, at any time, be withdrawn from the Bank, on giving six months notice to the board of directors.Whenever five hundred shares in the stock of said Bank shall be holden as aforesaid by this State, or such societies, schools and corporations, the holders thereof shall be entitled, at any annual meeting of the stockholders, to choose one director of said Bank, who shall continue in of'fice in like manner as other directors; and in making such choice of a director, one vote shall be allowed for each share so holden, but no other votes shall be allowed on account of any stich shares, in any general meeting of the stockholders. §6. Be it further enacted, That the president and directors of said Bank shail, in the months of May and October annually, lay before the General Assembly a statement of the amount of the capital stock of said Bank, and of the debts due to the same; of the monies deposited therein; of the notes in circulation; and of the cash on hand, and generally of the state and condition of said Bank-Provided, That this act, or any part thereof, may, at any time, be altered, amended, or repealed by the General Assembly--And pro Chap. II. Salaries. Chap. III. Replevins. vided also, That all subscriptions to the stock of said. Bank Proviso. General Assembly, October Session, 1809. LYMAN LAW, Speaker of the JOHN TREADWELL, Governor., Attest. THOMAS DAY, Assistant Secretary. CHAP. II. An Act in addition to and alteration of an Act, entitled "An Act for regulating salaries and fees." B E it enacted by the Governor and Council and House of Representatives in General Court assembled, That the clerks of the several Courts of Probates in this State, be entitled to demand and receive for all copies, the fees as clerks of the Superior Court, and no more; any law, usage, or custom to the contrary notwithstanding. General Assembly, October Session, 1809. shall Fees of Clerks of Probate. same LYMAN LAW, Speaker of the JOHN TREADWELL, Governor. Attest. THOMAS DAY, Assistant Secretary. CHAP. III. An Act in addition to an Act, entitled "An Act concerning Replevins." B plevin, how E it enacted by the Governor and Council and House $ 1. of Representatives in General Court assembled, That whenever the rights or shares of any person or per- Bank shares sons in any bank, insurance company, turnpike company, or &c. may be other corporation, shall be attached in any action at law, it replevied. Service of reshall be lawful for such person to cause the same to be replevied, as in other cases of other property attached. And made.' the officer who shall serve the writ of replevin which may issue in such case, shall leave a true and attested copy thereof with the cashier, clerk, or secretary of the bank, insurance company, turnpike company, or other corporation, the shares or rights in which have been attached.-And on a Surety not liable beyond the value of the property replevied. execution to Chap. IV. City Courts. Chap. V. Courts. copy being left in manner aforesaid, the shares or rights so attached, shall be released from such attachment, and be subject to the controul of the owner or owners thereof, in the same manner as they were before such attachment. §2. Be it further enacted, That the person or persons who shall give bonds upon any writ of replevin, shall not be liable to pay any greater sum, in any suit which may be brought on any bond, than the value of the property replevied by virtue of said writ. General Assembly, October Session 1809. LYMAN LAW, Speaker of the JOHN TREADWELL, Governor. Attest. THOMAS DAY, Assistant Secretary. CHAP. IV. An Act relating to appeals from the City Courts in this State. Eit enactd by the Governor and Council and House of In what cases execution shall issue from the judgment of a City Court in issue, notfavour of any plaintiff, where an appeal from such judgment withstanding shall be allowed and taken; but on application of the plainan appeal. tiff to such City Court, at the term when such judgment shall be rendered, and satisfying the Court that the appeal is taken for delay only; in which case such City Court may, at their discretion, direct execution to issue on the terms and conditions prescribed by the acts incorporating the several cities in this State. Judge to give General Assembly, October Session, 1809. LYMAN LAW, Speaker of the JOHN TREADWELL, Governor. Attest. THOMAS DAY, Assistant Secretary. CHAP. V. An Act in addition to "An Act for constituting and regulating Courts, and appointing the times and places for holding the same." 61 BE it enacted by the Governor and Council and House That it shall be the duty of the judges of the Supreme Court Chap. VI. Bail. licly. of Errors, in all matters of law by them decided, each one opinions pubto give his opinion publicly, with the reasons thereof. §2. And be it further enacted, That the twenty third paragraph of the Act to which this is an addition be, and the same hereby is repealed. General Assembly, October Session, 1809. LYMAN LAW, Speaker of the JOHN TREADWELL, Governor. Attest. THOMas Day, Assistant Secretary. CHAP. VI. An Act in addition to an act entitled "An Act relative to Bail and the writ of Habeas Corpus." B Repeal. E it enacted by the Governor and Council and House of How persons Representatives in General Court assembled, That in all committed for cases, wherein a recognizance has been, or may be required neglecting to from any person, by an assistant, or justice of the peace; recognize may such person if confined in gaol, for neglecting or refusing be relived. to recognize, may be relieved, by entering into a proper recognizance, before any judge of the Superior Court, or before the judge of the County Court, or a justice of quorum in the County wherein such person may be confined. General Assembly, October Session, 1809. LYMAN LAW, Speaker of the JOHN TREADWELL, Governor. Attest. THOMAS Day, Assistant Secretary. |