The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1842-06-16

shall be raised in addition TO the annual bank tax sU
cieut for the purposes aforesaid, which shall be
paid by each bank in the state in proportion to the a.
mount of circulating notes II shall have registered
by the register under the preceding section of this
act
Sec, H. It shall not be lawful for any bank, either
directly or indirectly, in any way to take, receive or
reserve TO its own use greater sum than at the rate OF
six per centum per annum in advance, upon the a.
mount Of for any loan made. or the discount
purchase Of any noe, bill obligation or any
al thereof either by way Of discount, interest pre-
fence whatever
Sec. 10. Every bonG b note, or other evidence of
debt upon which greater sum than at tie rate of per
cent per in advance. upon The amount thereof
shall be received reserved, ash by way Of inter.
est discount, exchange, 9retext, by any bank shall
be null and void for every purpose whatever and any
director officer of the bank consenting therennto
shall be liable to such hank, or the creditors thereof
for all damages loss that may arise to such bank, by
reason of the receiving, reseving or taking of such
excess
Sec. 90 Every bank shall pay into the state treasury
an annual tax Of one half per centum per annum on
its capital stock paid in and such other tax upon ts
capital or circulation as the General assembly may
hereafter impose which tax shall be paid 10 the reasu
rer of sate' on the draft of the auditor of state
Sec. 81. There shall be created from the capital
stock of such banks may be incorporated under this
act, safety fund.- for the purpose of promptly redeemr
insolvent, which fund shall be paid into the State
Treasury and invested for tho purpose aforesaid in such
manner as shall be preSCribedb by law.
Sec. 90 That every bank doing business under this
act, shall receive the notes bills issued by every
other bank doing business under this act, at par. in
in payment Of all debts, dues and demands, owing to
such bank Of It's banking house, .
Sec 90. The shares of the capital stock in each of
the said banks shall be transferable on the book Of
such bank according 10 such rules as majority
of the stockholders present at any annual meeting may
establish but subject to such provisions herein.
after contained, that may be provided by law, and
transfer of stock shall be made without the consent
of the board of directors unless The stockholders shall
otherwise Direct all transfers Of stock to deraud the
creditors Of the bank, or other person, shall be
void: and if any bank shall become insovent, or be
found 10 have been, within six calender months, after
any transfer Of stock shall be made such transfer shall
bel deemed and taken to he fraudulent and the person
making it shall be held liable as stockholder of such
bank. in the manner, and to the extent, as
if no such transfer had been made.
Sec a. There shall be provided at the expense of
the Bank, book, such az the Bank commissioners may
prescribe, in which shall be entered tho names Of the
stockholders their residence and the amount of stock
paid in, owned bv each stockholder which hook shall
be kept in his office BY the Recorder OF the county,
and NAV be subject at all times to public inspection.
Every transfer and acceptance Of stock shall be tered
therein in such forms as the bank commissioners may
prescribe No transfer Of stock shall be validnntil the
same b, accepted. and the transfer and acceptance
thereof enered and recorded in slch book: and the
Recorder shall receive his compensation herein, the
sum of twenty-five cents for each transfer and accept.
Each Bank shall, moreover keep plain true
and accurate list Of the of the stockholders their
residence the amount ostock paid in, owned by them,
posted up for public inspection, in some convenient
place in the public banking room, and shall cause the
same TO he published every hre months in news
paper ubshed in the county where such bank may be-
Fec. 25 The directors and stockholders of such bank
shall not be exempted from liability in their natural
and individual capacity but for all acts done, or LA.
bites incurred ! BY on behalf Of such banks. the
stockholders and directors thereof shall bc held jointly
and seyeray liable in their individual and natural
pacity; provided. that for all acts done liabilr
ties incurred by, or on behalf ofsurh banks suit shall
first be brought judgement recovered, and execu-
tion issued against such hank But if execution
upon any judgement or decree against any bank shali
be returned nnsatsfed in whole, or in part; upon ap-
pration within sx months after the rendition of such
judgement. made by or on behalf of the person re-
covering such judgement or decree, his assignee,
writ of sce facias shall issue from court wherein such
judgement or decree recovered, to any county in
this State against any person persons who when sui
against stockholders Of such bank recting such
very, the issuing and return of execution unsatsfed
and requiring the stockholders therein named to show
cause why execution should not issue against him or
ihem and upon snch writ being returned served the
court shall proceed to make the person or persons
gainst whom issued such of them Ihal appear t.
have been stockholders aforesaid Of such bank parties
defendant to judgement or decree and execution sha
| thereupon be issued against such patty parties i,
the same manor as If said Judgement or decree haG
been rendered in the first instance agVns such party
| parties defendant: provided. further. that saC
Of scre acias and proceeding shall not abate for nor
Joint Of other stockholders, aud if the writ be sused
against than person and it shall appear thai
| any one more persons named in such writ are no
liable to be charged such stockholders, il shall no
vitiate affect the proceedings, but any or more
the persons named therein, that shall appear to be
liable, shall bemade parties to said judgement as afore
said and provided ALSO that stockholders, non resident
within the state, may in like manner be made parie
| defendant TO such judgement or decree upon persona
service of copy Of scire acas, or such other notice
being given by publication or otherwise, the cour
| shall direct
Sec. 26 The term stockholders, as used in the twel
iy,hh section of this act shall extend to any equitabl
owner of stock appearing on the books of bant in tn
name ofanoher person. and to every persons who shal
have advanced the purchase money Of any shares q
stock, standing in the name ofhs wife or any of hi
children under the age oftweny one years. but per
son holding stock as executor administrator or
guardian or trustee, appointed by last will testament
or by court ofcompetent authority and no legal @
equitable owner Of stock under the age of twenty on
years shall be Individually responsible on account
the shares SO held t-H $50
Sec 81. Ifany loss Of the capital stock Of other fnt
or property any banks shall be caused by official mi
management, or the abuse ofpower of such bankon Il
H.. Pnf4i0a