thereof. ing such loan, attested by the secretary of state, and by the approval of the governor, of such demand, in writing. Cashier to make SECT. 52. The cashier of each bank shall make a return of the returns, when state of such bank, as it existed on the first Saturday of any month, required by the governor. Form at two o'clock in the afternoon, when thereto required by the governor, and shall transmit the same to the office of the secretary of state, within such time as shall be directed by the governor in his requisition aforesaid; stating the several particulars mentioned in the following form, exhibiting in distinct columns the amounts due from the bank, and the resources of the bank, viz: 1831, 519,6 22. 1832, 32, § 2. 1836, 231, § 6. Cashier to make semi annual returns. Form thereof. 1833, 80, § 1. Amount of reserved profits at the time of declaring the last div- Amount of debts due and not paid, and considered doubtful, $ SECT. 53. The cashier of each bank shall, on the first Mondays of the months of January and June, in each year, make returns, exhibiting the state and condition of the bank, as existing 1833, 326, 4. at two o'clock in the afternoon of the preceding Saturdays, and transmit the same, within fifteen days, to the secretary of state, stating all the particulars mentioned in the preceding section, with the addition of the following, viz: Returns to be signed and sworn to. Amount due from the directors, as principals, SECT. 54. The returns, required in the two preceding sections, shall be signed by the cashiers of the several banks respectively, 1831, 519, § 22. who shall make oath to the truth of said returns, according to their best knowledge and belief. Names of stockholders to be returned when SECT. 55. The cashier of each bank, whenever required by the legislature, shall also make return, under oath as aforesaid, of required by the the names of the stockholders, and the amount of stock owned by legislature. 1831, 519, § 22. each in such bank. the directors. SECT. 56. Whenever a return shall be made by any cashier, as Cashier's return provided in either of the four preceding sections, a majority of the tobe verified by directors of each bank shall certify, under oath, that the books of 1831, 519, § 22. the bank indicate the state of facts so returned by their cashier, and that they have full confidence in the truth of said return. SECT. 57. For neglect or refusal to make any such return, by such cashier and directors of any bank, such bank shall forfeit, for each offence, a sum not exceeding one thousand dollars, to the use of the state, to be recovered by the treasurer thereof. Penalty for not making returns. 1833, 80, § 1. blanks for re SECT. 58. The secretary of state shall furnish to the cashier of Secretary of "every bank, in the month of March or April annually, at the state to furnish expense of the state, four printed copies of each of the forms of turns. the returns, required by the fifty second and fifty third sections of 1831, 519, § 23. this chapter. stracts, and SECT. 59. The secretary of state, after receiving the returns To publish abrequired by the fifty third section of this chapter, shall, as soon as transmit a copy may be, cause to be prepared and printed a true abstract from those to each bank. returns, with each column of such abstract footed up; and transmit, 1833, 80, 2. 1831, 519, § 24. by mail, one copy thereof to the cashier of each bank in the state; 1838, 326, § 5. and further cause the same to be published in the state paper, and such other papers as the governor and council may direct. er and duties. SECT. 60. The governor, with the advice of the council, shall Bank commisappoint two commissioners, who during their continuance in office, sioners; powshall not hold any office in any bank in this state, and whose duty 1831, 519, § 31. it shall be, at least once a year, and as much oftener as the governor 1836, 231, § 4. and council shall deem it expedient, to inquire into and examine the transactions of the several banks incorporated in this state, and to ascertain the condition of the same, and whether there has been any departure, by brokerage or otherwise, from the ordinary business of banking associations; and said commissioners shall make report of their doings annually to the governor and council, to be laid before the legislature. Said commissioners shall be removable, and vacancies may be filled, at pleasure, by the governor and council. Power to exam cers on oath. Punishment for refusal to testify. SECT. 61. The bank commissioners shall have power to visit every bank in this state, as often as they deem it expedient for the ine banks. May public safety, and shall thoroughly inspect and examine all the examine offiaffairs of said corporations, and make any and all such inquiries as may be necessary to ascertain the condition of said corporations, and their ability to fulfil all the engagements made by them; and said commissioners may summon and examine, under oath, all the directors, officers or agents of said corporations, and such other witnesses as they may think proper, in relation to the affairs, transactions and condition of said corporations; and any such director, officer or agent, or other person, who shall refuse, without justifiable cause, to appear and testify, when thereto required as aforesaid, or who shall obstruct, in any way, any commissioner in the discharge of his duty, as prescribed in this chapter, shall, on conviction, be subject to a fine, not exceeding one thousand dollars, or imprisoned for a term, not exceeding two years. SECT. 62. If, upon examination of any bank, said commission- Proceedings by ers shall be of opinion that the same is insolvent, or that its condi- commissioners, tion is such as to render its further progress hazardous to the public, bank unsafe. if they deem a receivers to cerns. Liabili their charters. Injunction, and or to those having funds in its custody, or that said bank has appointment of exceeded its powers, or has failed to comply with all the rules, close its con- restrictions and conditions provided by law, they may apply to ty of banks af- some one of the justices of the supreme judicial court, to issue an ter expiration of injunction to restrain such corporation, in whole or in part, from further proceeding with its business, until a hearing of the said corporation can be had. And said justice shall forthwith issue such process; and, after a full hearing of the said corporation upon the matters aforesaid, may dissolve or modify, or make perpetual the same; and make such orders and decrees to suspend, restrain or prohibit the further prosecution of the business of said corporation, as may be needful in the premises, according to the course of chancery proceedings; and, at his discretion, may appoint agents or receivers to take possession of the property and effects of the corporation, subject to such rules and orders as may from time to time be prescribed by the supreme judicial court, or any justice thereof in vacation. And said commissioners shall have power to appoint a clerk of their board, prescribe his duties, and fix his compensation, whenever the public good may, in their opinion, demand such appointment. And all banks, whose charters have expired, or may hereafter expire, or whose charters have been, or may hereafter be surrendered or revoked, shall continue subject to all the provisions and penalties in this chapter, during the time allowed their stockholders to act in their corporate capacity, for the purpose of closing its concerns; and it shall be the duty of the commissioners to examine and proceed against any such bank in the same manner, as against banks whose charters have not expired, or been surrendered or revoked. Plates for bills; alterations. 26. 1833, 80, § 4. SECT. 63. No bill or note, of the denomination of one hundred bills not void by dollars, or less, shall be issued by any bank for circulation, unless 1831, 519, § 15, the same shall be impressed from the patent stereotype plate of Abraham Perkins or his assigns, or unless said bank shall be in writing authorized by the aforesaid commissioners to issue bills of such other plates, as they may judge to afford greater security against counterfeiters, from the mode of their engraving or style of workmanship; but the legislature may, at any time hereafter, authorize and require the use of other plates. Every bank shall be held to pay to any bona fide holder the original amount of any note of said bank, notwithstanding the same may have been altered to a larger amount. Weights to be sealed by the state sealer. SECT. 64. The directors of the several banks, once in five years, shall have all the weights, used in their respective banks, 1821, 131, 8. compared, proved and sealed, by the treasurer of the state, or by some person specially authorized by him for that purpose; which shall supersede, so far as respects such banks, the sealing of their weights by the town sealer. Gold, how to be weighed. SECT. 65. No tender of gold, by any bank, weighed with 1821, 131, 68. weights other than those compared, proved and sealed, as required in the preceding section, shall be legal; and the payer or receiver may also require, that the gold shall be weighed in each scale, and the mean weight, resulting therefrom, shall be considered the true weight. bills. SECT. 66. If, at any time, the officers of any bank shall refuse Application to a or neglect to pay any of its bills, when duly presented at their judge of the supreme judicial banking house for payment, in their usual hours of business, or to court, if a bank pay any deposits made by any person, on demand made in such refuse to pay its hours, and, for the space of fifteen days thereafter, shall neglect to 1831, 519, § 33. pay or tender payment of such bills or deposits, in the manner described in section, forty, of this chapter, the holder of such bill, or the person making such deposit, may make complaint thereof, in writing, to any judge of the supreme judicial court, whose duty it shall be thereupon to cause the president or cashier of such bank, to be notified to appear before him at such time and place as he may appoint, to answer to such complaint, and show cause against further proceedings thereon. point receivers ; SECT. 67. If such president or cashier, or other agent of such Court may apbank, duly authorized, shall not appear at such time and place, or, who shall give appearing, shall not show sufficient cause against further proceed- bond. ings, said judge shall appoint three disinterested receivers, and 1831, 519, § 33. require of them a bond to the said bank for the faithful discharge of their trust, to his satisfaction, in such sum as he shall determine, to be delivered to said bank for their use. SECT. 68. Such receivers shall immediately demand and receive, Their duties. of the officers of such bank, all its real and personal estate, with 1831,519, ý 33. all its books, papers and evidences of debts due such bank, delivering to the officers their receipt, containing accurate lists and memoranda of such estate, books and debts; and shall proceed with due diligence to dispose of all or any part of such property, and collect the debts, and, with the proceeds thereof, to pay the demands against such corporation. gages. SECT. 69. The receivers aforesaid may sell at public auction, May sell real after giving thirty days' notice in the manner prescribed in chapter, estate and mortninety four, of the revised statutes, for notice on the sale of real 1831, 519, § 34. estate of banks taken on execution, and with like power to adjourn the sale, any real estate of said bank, and any mortgages of real estate due to said bank, and make and deliver to the highest bidder, in the name of the corporation, any deed or other instrument, necessary for the due conveyance of such real estate or mortgages, with the debts thereby secured; and the purchaser shall have the same rights and powers, as a purchaser of real estate, and mortgages taken on execution as aforesaid. debts due to the SECT. 70. Said receivers may collect the debts due and owing May collect or to such bank, and commence and prosecute in the name of such sell any of the bank, or in their own names and capacity as receivers, any action, bank. necessary for the collection of said debts, or they may sell or 1831, 519, § 34. assign said debts with the evidences thereof, as they shall think expedient. SECT. 71. The authority, given as aforesaid to said receivers, Revocation of may be revoked on a like application to any judge of the supreme authority of rejudicial court, as is provided in section, sixty six, if he shall see cause after due notice to such receivers and hearing the parties. SECT. 72. Either party, aggrieved by the determination of such Appeal from judge, whether in originally appointing such receivers, or revoking any order of a judge, to the their authority, may have the same revised, and, if a sufficient whole court. Compensation to receivers. 1831, 519, § 35. Liability of offi erty to the re ceivers. cause be shown, reversed, at any term of the supreme judicial court, when a majority of the judges thereof shall be present, on complaint to such court, and on such notice as any judge thereof may order. SECT. 73. Such receivers may retain to their own use for their services, such sums as may be agreed upon between them and such bank, and, in case of disagreement, such sum as may be awarded by any one of the judges aforesaid, at a term of said court held in the county where the bank is established, on application, with reasonable notice to the other party. SECT. 74. If the officers of any such bank, on demand made cers refusing to by such receivers, shall refuse or neglect to surrender to them all surrender Prop the property, which they are required to do by the provisions of the sixty eighth section of this chapter, any such officer, so refusing or neglecting on demand, shall be liable, in his individual capacity, for the payment of all debts due from said bank, in an action or actions on the case, to be brought by any creditor or creditors of such bank, against such officer. 1831, 519, § 34. 36. to the bank. Receivers, after SECT. 75. Whenever such receivers shall have realized, from paying the debts, to delivthe property of the bank in their hands, a sum sufficient to pay all er up the resi- its debts, their power over the residue of the property shall cease, due of property and it shall be their duty to surrender the same to said bank, to1831, 519, § 34. gether with all the books and papers belonging to it, on taking from the officers of the bank a sufficient receipt for the same. They shall also render to the bank a fair and just account of their proceedings, receipts and expenditures, at the time of such surrender, and at such previous times, as they shall be required by any judge of the supreme judicial court. Stockholders may be witness es after sale of their stock. 1829, 418, § 1. Charters to expire October 1, 1847. SECT. 76. Any person, who may have held shares in any bank and afterwards may have disposed of the same, may be a competent witness in any suit in which such bank is interested, unless otherwise disqualified, notwithstanding any liabilities still attaching to him by virtue of the provisions of this chapter. SECT. 77. The charters of all the banks, incorporated in this state, shall expire on the first day of October, in the year, eighteen 1831, 519, § 25. hundred and forty seven. Banking com thorized by the state. 1821, 147, § 1. SECT. 78. No person, unless specially authorized by the legis panies prohibit- lature, shall contribute to the funds, or become a member of any ed, unless aucompany or banking association, for the purpose of issuing notes to be circulated as money, receiving deposits, making discounts, or transacting any other business which incorporated banks may or do transact by virtue of their charters; and all notes or other securities for the payment of money or the delivery of property, made to such company or association, or for their use, shall be void. Agencies of foreign banks or bankers pro hibited, unless authorized by the state. 1836, 231, § 1. SECT. 79. No private person nor body corporate, unless specially authorized by law, shall hold any agency in this state, for the purpose of receiving and issuing, loaning or putting in circulation as money, the bills, notes, orders or other evidences of debt of any banking company, not incorporated by the legislature of this state, nor of any private banker, not a resident in this state; but this prohibition shall not extend to any incorporated bank, in this state, exercising the powers given to such banks by the foregoing provis |