The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1818-03-25
BANK LAW.

r.f fid0tatIOns.
IN Generot .4ssen6iy, february Session II. d.
. 1918
AN ACT relating TO incorporated Banks in
This State, and In addition to the Act 10
regulate process against Banks and Insur-
ance Companies, and for other purposes
the rein mentioned |"
CEcr1ON ia-Be 10 enacted bs the General IA
~ sembt, and By sAe suihorifv ihsrssf " enacted,
That al debts bona fde due 10 any incorporated
Baak in this State. b. bond bill or note duly
cuted or endorsed, with express consent in writ
ng that the same should be negotiated in said Bank,
or on any bill Of exchange accepted, shall be recos
ersblc ~ the following manner, viz copy of the
bonds bin. note or bill Of exchange, shalt be
ed "a the original writ, which writ shall issue nj
lesst six dsys before tue sitting Of thv Court to
which Il 10 MAJ returnable. from The eGce oi the
Clerk Of either Of the Courts of Comnyn Pleas. or
Of xihe supreme judicial Court. in either Of tte
Etdtntss IN the State, and the proper officer TO
whom ssch writ shall be delivered. shall thereon
attach goods and cbsttcs, or real estate Of the de-
fendant or defendants equal in amount TO tic dam
ages laid in sand writ and for want Of such goods
chate6 or real estate, shall arrest his their bod
iesi and said writ shall be returned into the said
Clerks Office, days before the sitting ofthe CoUf,
and be enicred on the docket on the second DAY Of
the term thereof; which said day he defendant
or defendants may file his their answer thereto,
and A tbs same term Of said Court, 6na judgment
shall be rendered in said case and. .execuon shall
issue thceon, according to law, towards satisfying
which execution (uocss the same shall be otherwise
sats6cd) the property attached OIL the orgionai wri.
shall be from the date OF the attachment, consider
ed 70 be pledged and shall continue to be held liza.
bic. and before sale. shall be adyertissd according
law
Sec. g. find be IL further enacted, That ell debts
due from any incorporated Bank in this stste, by
bond bill, note. check. or bill of exchange, shalt,
upon being regularly protestxd for not-pa, nent, sf
"a nrQ nj nlent ti.rf. ,anfat n~n he
usaal Bank business hours, be recoverable in
tbs following manner A copy Of the bond. bill,
note. check, or bill of exchange, shall be annex-
ed TO the original writ, which said writ shall be
in the sans form. and the same proceedings there.
on, in sl respects, shall be had, ss is provided IN
the foregoing section. And the proper officer To
vh,m such writ shalt be delivered shall thereon at
tach goods and chattes, or real estate Of the Bank
against which the writ shall issue, equal in amount
to the damages laid in said writ and for want OF such
goods and chAttels, real estate to Z sufficient a.
mount, shall also attach the goods and chattels or
Zeal es,ste, OF all, any or either Of the individual
persons who shall the time of the protest, be the
President ssd Directors Of such Bank, and for want
OF such goods and chattels. real estate shalt
rest the bodies OF said persons or such Of them
shall be fouNd in his precinct: and IL Judgment
s'sa be reH1srcd against said Bank, the Court rem
dcrmg the ksme shat award in damages The amount
Of such bod, b,ll ho,e check, bill of exchange
and nerest from the date OF The protest aforesaid
whose individual property may have been attached,
or their bodies arrested, st,a have liberty, all or
either os them, to plead In answer TO said action
thar the non paymen. of The deb, debts which
the said writ issued, was occasi0ned by the inability
OF The Bsnk 70 pay the same, and that such inability
prodoced By the destruction or loss of PROPERTY
a. sad BARK, by means Of the public enemies, or
by he, or Hood, or by robbery, or theft, earth
GU kss hurricanes which said plea being satis-
factoTiy substani a,ed shall constitute good valid
defence TO said action, far said President aad
Drec,ors by this act rendered liable in their in
diyiduai capacities, aud no further Provided fur
ther, that when any Director, including the Presi-
dent. shall have paid more than equal proportion
OK ans such Gebt and damages, MS aforesaid, com
putting nd propo'to by the number OF Directors,
ioc'ud,ng the President, such Directors shah have
his remedy over again any and every OF those Direct.
css who shall have paid less than such proportion; |;
Provided also, that whenever several actious be-
tween the same parties shall be brought before the
/ same Court a, the same term, upon dsmsuds which
migb, have been sued for in action, the Court
shall have power TO allow costs in one OF ssd actions
only
Sect 8 .ind6 if further enacted, That in case
l ANY such Bank against whom Judgment shall be rem
dered aforesaid, sha FOR ,he space Of thirty days
neglect or omit to pay the full amour, thereof with
interest up to the day of payment, into the Office Of
the Clerk OF the Court or Tn The party in whose ia.
YOUR said judgment rendered. 10 the officer. who
may have the execution therefor. with all additional
legal cos,. then and in that case the charter of said
Bank sha be thereby forfeited and vacated aud up
on application 10 the Clerk Of the supreme Judicial
Cour, in the co0nty where such Bank is located,
said Clerk shall issuc writ of,ssre oeias. rec.
ting therein the proceedings in The acton A.
,;nst said Dank to Gnal judgement, and the ne
g.sct or omission Of the same to make pay.
u'sat IS Aforesaid, and conmsnding tue Sheriff Of
'said county, or bis Dsputy. 10 make known 70 the
President. Directors and Company Of said Bank. that
thcy bs before the Justice Of the said Court At the
pcxt ensuing term thereof TO sisw cause any they
lay hsve) wherefore their said charter ooght not
to Be declared forfeited and lost sgceaby 10 the pro-
visions OF this act which writ shah be served least
ten dsys before Tie sitting Of such Court by leaving
correct copy thereof At the Bank house. or the
usuAl psce Of discount and deposits OF such Bsnk,
and BY reading sbe same to eacl, Of said Directors
residing within this ssste and in the of the
absence Of any such Directors, by leaving attest
ed copy thereof s his or their usual place pse-
cs of abode and shall be returned b, said vfpcer,
with bic doisgs thereon. 10 said Court, the
cnd day Of sAsd term. sad said Court shall at the
came term proceed sulk hear and examine into
the charges stated IN said writ. and the defeuce of
said President and Directors. .Sd in said cour,
shall thereupon end lhzs the charter of said nsnk
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