Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1856-07-16
For theiS Standard.
~ For theStandard.
SUPREME COURT IMPORTANT DECISION
SYatA No Matthews

rz;.,,..,t from tho last Cumberland Superior Court
Honor JUDGE CALpwELl was an issued
INV the Bank Of Fayetteville Of denomination less inou
three dollars against the form Of the Act Of tn x
taken as true and the only question aised ana M
was as to the suciency Of the facts in point .:
tending that no Judgment could be passed upon nim ac
cor1ling to the case agreed. ,.s.s....ee 80.
The following clauses Of the Kevseo GG 100 a n
maeriui to proper understanding OF uls go,
CSC 8. No bank unless plainly and expressly allowed
by its charter shall make OF issue any .stScaie
of denose for less than three dollars ON PAIN OF
being deemed violated its charter; and s
Of forfeiting and paying for each one"ce the SUI" -
"Src No corporation whatever which is allowed 70
receive money on deposit shall make ISSUE or denver any
cecate or acknowledgment of deposit for less sum
than three dollars; nor shall make issue OF oem y
% whatever with the intent the shall be crcu
lated pain of being deemed in either case e 10
have ola its lie sum- Of @
SEC s. No person or corporation unless the same be
expressly allowed BY shall issue any bill due bill ob Or
aaon or any other kind Of security whatever may be Its
form or name with the intent that the same shall
on pain of oetng and paying for each offence the sum
Of fifty dollars; and the party offending be cospora'En
of also being deemed to have violated its char,er Au
every person offending against this section or aiding or as
sstng therein, shall likewise be decmeo eu'''' VI
aSs g. No person or corporation shall or receive
as tho representative the substitute for
any such BILL check certificate no'e be III the
same we're issued within without the State AND any
or corporation and the officers and agents OF sIca
coporation aiding therein who shall offend against nus
section shall for every such offence forfeit and pay hve
dollars and SHALL moreover, be deemed guilty OF m'sde
SEc The public treasurer is hereby directed not 70
receive in payment public taxes the notes OF any
in the State that issues bills OF denomination less nan
His Honor Judgment for the State fro" which de-
ieians ~. sr,, ord lGoor. for the State.
Badger and Shepherd, for defendant
PEARSON. J.-Thc question presented by the case
will be considered under three heads: Does the
charter authorize this bank to issue one dollar hotes
for circulation "as the representative OF or as SUD-
stitute for money!" Had the Legislature power to
nrohibit the circulation of such notes? Was 1t the
Intention of the Legislature by the S6th chap. Rev.
Code. title, Currency" to exercise this power IN
regard to the notes Of the bank of FayettevIlieE
1. There is no clause in the charter which in so
MANY words authorizes the bank to issue notes ior
circulation as money. The charter coners banking
nowers in general terms: in one clause bills or
notes issued by order of the corporation promising
to nav money to any person bearer, are mention
ed: in another clause the bank is required to fur
nish the Public Treasurer, once in six months with
a statement of the cash on hand, notes IN crcuia'
tion." &C. All the bank charters in this State are
worded much in the same way. The charter OF the
bank of the United States obviously was the orig
inal from which all the charters directly or hdl-
rectly TAKEN and in none is the power to issue notes
for circulation given in terms any more direct. so
there can be no doubt the charter does confer the
mower to issue notes for circulation as money. AS
the act of 1916 (Rev. Stat chap. 81, Sec 9O) pro-
hbs any person or corporation from issuing "notes
commonly called bank notes. of any value, with the
intention that the same shall circulate as money
'without the authority Of the legislature FIRST had,
it is somewhat strange that the craftsmen of these
several charters content to leave the authority
dependent upon general terms. The omission to
give the DOW er in totidena rer6is can only be &C
counted for by the circumstance alluded to-having
form, they did not like to depart from it
The power to issue notes for circulation is not re-
stricted by the charter under consideration; it en-
braces notes of all denominations under as well as
over one dollar But it is clear that the charter must
be construed with reference to the existing laws
The act of 1916 (Rev. Stat chap. 81, Sec s6D pro-
hibits any person corporation from issuing prom
issory notes called due bills under one dollar for
circulation as money and it is agreed the power is
restricted by this act as to exclude the right to IS
sue due bills
It is insisted the act of 1850 Stat, chap II,
sec ~ has similar effect and restricts the power
as to exclude the right to issue bank notes under
five dollars. On the other hand, it is insisted that
the act of 1880 applies only the notes ofthe banks
of other States. So the question is: Did that act
apply to the notes of the banks of this State? We
think it did not 1t enacts sit shall not be lawful
for any person pass, circulate receive in pay
ment within this State, any bank note under the
denomination of FIVE dollars, issued by any State or
sovereignty, by any body polite or corporation,
not authorized to issue the same by any of the laws
or statutes of this State" These words satisfied
by giving them the effect of prohibiting the crcula-
ton of the small notes Of the banks Of other States.
The woprncpal banks in this State were authorized
by law to issue notes under five dolars So the cir
cuation Of their notes is expressly taken out of the
prohibition, and there is but little ground to sup
port the suggestion that this was prospective gen.
eral enactment, aimed at banks that might at some
future time be chartered in this State and might as
it feared, issue such bills, although not author
lied to do so. Again, lift was intended to apply to
the notes of our banks it is reasonable to suppose
that it would have contained prohibition against
the Issuing of such bills. The act of 1916 has two
sections against the issuing and the other against
passing receiving of due bills :" the act of 1852
by section, prohibits the issuing, and by anoth
er, the circulation of notes under three dollars and
the omission of the act of 1880 of an enactment
against the issuing of notes under five dollars tends
to show that it was aimed exclusively at the banks
other States, over whose power to issue our Legis
lature could assume no control
But all ground to support the suggestion of q
prospective general enactment above referred TO- il
taken away by the fact that the title of the act
1880 is "An act to prohibit the circulation, in this
State, after the time therein mentioned, of bank
notes under five dollars issued by the banks of 9th
er States" The title of statute may be invoked
in aid Of its construction Req Us. Cartwright,
r. 400; Dwarriss on Statutes, 1S 1t is true in tn
Revised Statutes the title is changed, and genera
words are used, An act to prohibit the circulation
of bank notes under the denomination of five dol
lars" But change in the title of an act, in ma
king revsa is no: permitted to alter the construc
ton which was before proper, when the same word
were used in the enactment, unless the title ha,
been allowed the effect of altering what would 9th
erwise have been the construction. Terry o. F3ste
1 Mass. Rep. $50. Here, as VIC have seen, the cor