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State shall and the state shall, at all times, on giving six months' notice, have a right

have the right to withdraw from said bauks, the money, or to withdraw their monies any part thereof, which shall have been paid into said on notice. banks for said shares : but the shares subscribed by the Shares sub state, shall not be transferable : and the several shares, scrihed, not already subscribed by the state to any of said banks, shall transferable.

continue to be holden, on the terms aforesaid. Comptroller SECT. 2. The comptroller of public accounts shall, after to furnish- any monies shall be subscribed and paid to any of said ed with

banks, be furnished, from time to time, as often as he statement.

may require, not exceeding once a month, with a statement of the amount of capital stock of such bank, and of the debts due to the same; of the monies deposited therein, of the notes in circulation, and of the cash in hand; and shall also have a right to inspect such general accounts in the books of the bank, as shall relate to said

statement. State direct se(T. 3. In case the monies subscribed and paid by

the state, to any one of said banks, shall exceed the sum of five thousand dollars, and the state shall hold the stock of the bank therefor, the general assembly may, if they see fit, appoint some meet person to be a director in said bank, for and on behalf of this state, or provide by law for appointing or designating such director; the said person, thus designated or appointed, not to act as a director, at the same time, in more than one bank. And said di

rector, so appointed on the behalf of the state, shall His powers.

have the same powers as the other directors of said banks ; and the state will not claim or exercise any other agency in the choice of the officers of said bank,

or the management of its concerns, than is expressed in This act not to this act; and nothing in this act, shall be construed to increasing the prevent the stockholders of said banks, from opening new capital stock subscriptions, and enlarging the capital stock of the of private private stockholders in said banks, in the manner, and to stockholders.

the amount, as in and by their respective acts of incorporation, is provided.

os.

CHAP. XII.

An Act relative to incorporated Banks.

Banks may issue post

B

notes.

E it enacted by the Senate and House of Rep. SECT. 1.

resentatives in General Assembly convened, That the several incorporated banks, shall have power to issue post-notes, payable to order, and at a time subsequent to issuing the same.

sect. 2. No incorporated bank shall issue any bill for a sum less than one dollar; and every person passing any

Not to emit bills less than one dollar.

Title 7. Barberry Bushes..... T'itle 8. Bastardy.

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bill or note, issued by any bank, or corporation whatever, for a less sum than one dollar, shall forfeit three dollars, Penalty. to the use of the person who shall bring an action for the same. And it shall be the duty of all informing officers, to prosecute to effect, all breaches of this act; and in such cases the penalties incurred and recovered, shall be for the use of the town where the prosecution shall be had. SECT. 3. All shares in banks, manufacturing, and Shares in

banks. &c. to other incorporated companies, shall be considered as

be considered personal estate, and may be disposed of as other per- personal sonal estate, unless otherwise directed in the act of estate. incorporation.

TITLE 7. Barberry Bushes.
An Act for destroying Barberry Bushes.
SECT. 1. B

E it enacted by the Senate and House of Rep

resentatives, in General Assembly convened, That any person or persons, with the advice and consent Barberry of the civil authority, and select-men of any town, where destroyed.

bushes may be 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 Select-men bushes are, or shall be growing, may, in pursuance of a may etuplo vote of the town, passed in legal meeting, employ any stroy them

persons to desuitable person or persons, to dig up and destroy such at the exbushes, and defray the expence thereof from the treasu- pence of the ry of the town.

town.

TITLE 8. Bastardy.

An Act providing for the support of Bastard

Children. sect. 1. Be it enacted

by the Senate and House of Rep

resentatives in General Assembly convened, That any woman, who has been delivered of, or is preg- Mode of pronant with, a bastard child, may exhibit her complaint, on ceeding in oath, to a justice of the peace, in the town where she suits for main

. 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

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apprehended and brought before him; and if, on due
enquiry, he finds probable cause, he shall order such ac-
cused 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 examin-
ed 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 tes-
timony 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 Order of the court find him guilty, they shall make an order, that court. 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 be-
come 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, Court may

there to remain till he complies with the same. Providdiscontinue allowance to

ed, that if it shall appear that such mother does not apply the mother, the weekly allowance, paid by the reputed father, toif not applied. wards the support of such child, and that such child is

chargeable, or likely to become chargeable to the town
where it belongs, the court, on application, may discon-
tinue 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. When towns

SECT. 2. The town interested in the support of a bastmay prose ard child, when sufficient security shall not be offered 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 se-
lect-men, institute a suit against the person accused of
begetting such bastard child; and may take up and pur-
sue, in their name, by their select-men, any suit com-
menced by the mother, for the maintenance of such child,

1

cute.

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 to the common gaol, there to remain till he complies with such order.

SECT. 3. No prosecution shall be brought but within Limitation. three years from the birth of the bastard child; provided; the time any person accused, shall be absent from the state, shall not be computed.(1)

(1) In the revision of 1672, an act appears, subjecting the father of a bastard child to the maintenance of it, with the assistance of the mother, as the court shall order, and providing that the person charged by the mother to be the father, shall be adjudged to be the reputed father, upon her continuing constant in the charge, especially being put upon the discovery of the truth, in the time of her travail; with a proviso, that if no person should be accused, in the time of ber travail, it should not abate the convictinn of the reputed father. viso is omitted in the revision of 1702. This statute does not prescribe the mode

of prosecution, nor designate the prosecu. tor, or the mode of yielding the maintenance. The practice, however, has always been, for the woman to institule a suit in her own name ; and it has been decided. that a discovery, in time of travail, is an indispensable part of the evidence. lo the revision of 1784, the power was given to towns, chargeable with the supe port of a bastard child, to continue prosecutions begun by the mother, if she should neglect to proceerd, and to bring forward prosecutions, where she should neglect. The present statute is made conforicable to the practical constructionof the old statute. See IDuy,278. 1Con.Rep.417.

This pro

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An Act concerning Book Debts.
Sect. 1. B ,

E it enacted by the Senate and House of RepThat in all actions of debt on book, tried on the general Evidence, of issue, the evidence of the parties, and of any other per- the parties,

and of persons sons interested, taken in or out of court, in such manner

inte ested, adand form as evidence in other cases is required by law to missible. be taken, may be admitted by the court; and the triers shall well weigh and consider the credit of such witnesses, together with the entries of the parties in their respective books, and any other evidence given them, and all the other circumstances attending such cases.(1)

(1) In the revision of 1750, the statute directs, that the jury shall well weigh and consider the credit of the parties admitted to take their oaths. This, undoubtedly, refers to a well known practice, previous. ly adopted, to admit the parties, in book debt actions, to testify; and which was

probably co-eval with the government; and though repugnant to the principles adopted in other cases, yet it is consistent with the practice in matters of ac. count, both in law and equity, from which it was probably borrowed.

Oyer of de

SECT. 2. When the defendant, in any action of debt on fendant's book.

book, shall have pleaded any plea, under which it shall be lawful to give in evidence any book account in favor of the defnedant against the plaintiff, the court may, on motion of the plaintiff, made in reasonable time, order that oyer shall be given to the plaintiff of the book of the defenddant, either forthwith, or within such time as the court

may prescribe. Appointment

sect. 3. In every action of debt on book, wherein the of auditors. account shall be alleged to be above seventeen dollars,

the court, before which such action is pending, shall have power to appoint not more than three able, judicious and disinterested men, to audit and adjust the accounts between the parties; who shall have the same power, and be sworn and proceed in the same manner, as auditors in a proper action of account; and their award being returned into court, judgment shall be rendered in pursuance

thereof. Defendant

sect. 4. In every action of debt on book, it shall be may plead

lawful for the defendant to plead, in addition to the gen· that plaintiff eral plea that he owes the plaintiff nothing, that the plainowes bim.

tiff is indebted, or in arrear to him the defendant, to balance book accounts; and if it shall so be found, on the trial, judgment shall be rendered for the defendant, to recover of the plaintiff the sum so found to be due, with costs; and the party aggrieved by the judgment, on such plea, shall have the same right of appeal as he would have had, if the action had been brought by the defend

ant, demanding the same sum as that claimed in said plea: Removal or

Provided nevertheless, that if in any such action brought the cause from before a justice of the peace, the defendant, in his plea, justice of the shall claim a greater balance than thirty five dollars, such peace to coun. plea shall not be received, unless the party making the , same,

shall pay to said justice, for the use of this state, a duty of thirty-four cents, and shall enter into a recognizance, with sufficient surety, to the adverse party, in a reasonable sum, to remove said cause to, and pursue his plea, before the county court next to be holden in the county, and to answer all damages in case he shall fail to make his plea good ; which recognizance the said justice shall have power to take, and when taken, he shall record said plea; and if the party, so removing the cause, shall not recover final judgment for a greater sum than thirty-five dollars, he shall not be entitled to costs; and if final judgment shall be rendered against him, he shall be subjected to double costs.

SECT. 5. If any defendant, in any action of debt on in what case book, brought against him before any court in this state, no costs shall shall neglect to exhibit his account on trial, to be adjust

ed as aforesaid, and shall afterwards bring an action

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