Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-05-26


hereafter they shall see fit to exercise that
right.
SEC. 90. Be Il further enacted, That ev-
cry Bank shall be liable to pay to any bona
ide holder the. original amount of any note
of said Bank, altered in the course of its Cir
culation to larger amount, Notwithstanding
such alteration.
I Sec. 81. Be It further enacted, That ev-
cry bank shall within ten days after the first
Mondays in October and April annually, pay
to the Treasurer of this Commonwealth, for
the use of the same, a tax of one per centum
on the amount of such part of their original
stock as shall have been actually paid in by
the Stockholders i'll the respective banks:-
Provided, that if any portion of the capital
stock shall not have been paid six months
previous to said days, then the tax on such
portion shall be paid in proportion to the
| time that has elapsed since it was actually
paid in. 1t shall be the duty of every Bank
which shall be incorporated after the first
Monday of October, in the year of our Lord
one thousand eight hundred and thirty one,
or which on that day shall not have completed
the payment of their several instruments, to
furnish the Treasurer Of this Commonwealth
on or before the first Monday in October and
April, with an abstract of the amount of
stock actually paid by the Stockholders into
their respective Banks, together with the
time when the several instruments were paid.
And, if any bank shall neglect to pay the "a
| foresaid tax for the space of thirty days af-
ter the same shall become due, it shall be the
duty of the Treasurer to issue warrant of
distress, directed to the Sheriff of the Coun-
| ty in which such bank is situate, or his dep
uty, commanding them to levy and collect
| the sum due from the estate and effects of
such bank, which warrant shall be in the
same form (mutatis mutandis) as warrants of
distress against delinquent Sheriffs are by
law directed to be issued.
SEC. g. Be 1t further enacted, That it
shall be the duty of the Directors of the sew
eral Banks incorporated by and within this
Commonwealth, once in five years, to have
all the weights used in their respective banks
compared, proved, and sealed by the Treas
urer of the Commonwealth, or by some per-
son specially authorized by him for that pur-
pose, which shall supercede, so faras respects
such Banks, the sealing of their weights by
the Town or District Sealer. And no tend
er of gold by any Bank in this Common
wealth, weighed with weights other than
those compared,proved, and sealed as afore-
said, shall be legal. And to prevent the I'M
avodable imperfection of scale beams from
operating unequally in payments of gold, the
payer or receiver may require that the gold
shall be weighed in each scale, and the mean
weight resulting therefrom shall be consid-
cred as the true weight.
| Sec. %. Be 1t further enacted, That
shares in any Bank shall be liable to be at
tached on mesne process and taken in ex-
ecution and sold agreeably to the provisions
contained in an act, entitled an act direct
ing the mode ofattaching on mesne process
and selling by execution shares of debtors in
incorporated companies passed in the year
of our Lord one thousand eight hundred
and FIVE, and an act in addition hereto, pass
ed in the year Of our Lord one thousand
eight hundred and nineteen.
SEC. "a. Be Il. further enacted, That the
lands, tenements, and Entertainments of any
Bank may be taken in execution and sold at
public vendue, to the highest bidder; and in
every such case the officer who shall levy
such execution shall be empowered to exc
cute to the purchaser good deed or deeds
of any such lands, tenements or heredita-
ments, having first given notice of the time
and place of sale, at least fourteen days pre-
vious thereto, in two or more public places in
the town or place where such lands or tone
ments lie, and also in some newspaper print
ed in the county, and if there be no newspa-
per in said county. then in some one in the
I city of Boston. And all deeds and convey
ances of any such lands, tenements, or he
reditaments duly executed as aforesaid, shall
be good and efectual in law, to transfer to
; the purchaser, his heirs and assigns, forever,
all the right, title and interest therein which
belonged to said corporation. And the off
Ger who may levy any such execution shall
be authorized and empowered to adjourn the
vendue from time to time, not exceeding sew
en- days at any one time, until the sale Of
such real estate shall be completed. All
the right, title, claim and interest of any bank
in any lands, tenements or Entertainments
i which have been or shall be mortgaged, fol
security of any debt due or assigned to such
Bank. shall be liable to be seized and sold al
public auction, in the same manner as is pre-
scrbed for the sale and conveyance of the
real estate of such Banks. And any deb
: secured bysuch mortgage and due to such
Bank at the time of the sale of such mort
gage, shall pass by deed ofconveyance, exc
cuted by the officer who shall serve such
writ of execution. and be completely, and to
| all intents and purposes, transferred to, and
vested in, such purchaser; and such pnrcha-
: ser, or his legal representatives, may, in his
own name, maintain any action proper to re-
cover such debt, or to obtain possession Ct
such lands, tenements, or hereditaments,
which might have been maintained in the
name Of such Bank, had no such sale been
had; and copy Of such mortgage deed, du-
lly certified by the Register of Deeds for the
County or District where such lands are sit
uate, and where such mortgage deed shall
be recorded, shall be considered prma facie
evidence of such mortgage deed. And it
shall be the duty of the Cashier or Clerk of
such Bank, on reasonable request, to furnish
the officer who shall serve such execution,
or the Judgment creditor, with certified
copy of the note or obligation secured by
such mortgage, together with copy of all