Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-12-17


mony of certain witnesses is material in his |
defence, in the manner provided in section
twenty-four of chapter thirty-four of the |
Compiled Statutes and thercupon the same |
proceedings may be had for taking such tes-
tmony as is now provided in said chapter for |
taking and perpetuating testimony to be |
used in civil cases.
Sec. .. Reasonable notice shall be given to |
the attorney prosecuting such Indictment for |
the government of the time and place when |
and where such witness will be examined, |
specifying in such notice the Indictment on
the trial of which such testimony is intended |
to be used and the names of the witnesses
proposed to be examined.
Sec. 3. Dispositions taken and certified in
the manner provided in this act and tho act
to which this is an addition, may be read and
admitted before every court in this State. on
the trial of the indictment relative to which
they are taken, to be used in the same man
ner and upon the same conditions as is pro-
vded by the &C. aforesaid relative to deposit
tons to be used in civil causes, provided
such testimony is taken at least ten days be-
fore the session of the court in which the
same is offered as evidence.
Sec. g. This act shall take effect from its
passage.
Approved, November 25, 1858.
No. GAN ACT relating to Banks.
IL is hcreby enacted DC.
SEC. |. 1t shall be the duty of the Bank
Commissioner, during the time of his annual
examination, and at any other time in his
discretion, to examine all Banks whose char
tcrs have expired, until the entire affairs OF
the Same shall have been closed up. and en-
brace the same in his annual report.
r. 4 n Al II n
Commissioner, during his annual examina-
ton, to destroy the bills of all closing and
closed banks which he shall discover, and
keep a true record of all he may so destroy.
SEC. 8. 1t shall be the duty of the Bank
Commissioner, during his annual examina-
ton, to ascertain and report, if any of the
officers of the banks of discount and savings
banks are the same, and if the officers of
either have inspection of the books. papers,
or business Of the other.
SEC. L. 1t shall be the duty of the State
Treasury to provide and keep suitable
book upon which to record all certificates is
| sued by the Bank Commissioner, and to re-
cord the same and arrange and keep plain
and convenient index of the said records ;
and itshall be the duty of said Treasurer to
give duly certified copies of such records
which shall be the proper evidence of the
| iacts therein contained.
SEC. 5. 1t shall he tho duty Of the Bank
| Commissioner to ascertain from the State
Treasurer what Banks have lodged in his Of
flee the proper certificates that the capital
| stock Of such Banks has been paid in agree
able to their several charters, and in case any
of such certificates shall be lost, said Com
missioner shall proceed to enquire whether
any were ever issued to such bank and if
| from any evidence which such bank can fur
nish, said Commissioner shall be satisfied
that said Bank had been duly certified. he
| shall proceed to issue to such Bank a new
certificate in proper form, the record Of
which shall be the evidence of such finding,
| and shall have the same effect as if the orr
ginal had been so recorded.
Sec, 6. If any Bank shall be unable to
| prove to the satisfaction of said Commissioner
that its capital has been duly certified, said
Commissioner shall proceed to make an ex-
examination of it's affairs, and if he shall find
! upon fair estimate of its assets at their
cash value for banking purposes, that the
capital of such Bank is full, agreeable to the
terms of its charter, he shall issue to such
Bank Il certificate in due form but if said
Commissioner finds such Bank short of capt.
tai, he shall decide how much the deficiency
is and shall make and file with the officers of
such Bank within the same his written order,
directing the Directors to make an assess
ment upon the stockholders thereof, in such
an amount as shall in his judgment make
said capital full, ordering the same to be paid
in and to become part Of the capital stock
of such Bank by given day specified in said
order, which shall not exceed nine months
from the filing of such order with such Bank:
and if such order is duly complied with, said
Commissioner shall issue to such Bank q GER
tiiicate in due form but if said order is not
complied with, said Commissioner may, upon
the request of such Bank, issue a certificate
for the amount of capital he shall find such
Bank has. which shall thereafter he deemed
the capital of such Bank, provided the capt.
tai stock of any Bank shall not thereby be
reduced below fifty thousand dollars, and
provided further that if any Bank shall fai
to comply with the provisions of this act, il
shall be the duty Of the Bank Commissioner
to proceed against such Bank as in case of ar
insolvent Bank
Sec. 7. 1t shall be the duty of tho Bank
Commissioner. and he is hereby directed tc
proceed to inquire into the affairs of the Es
sex County Bank, and to receive any and al
funds that may remain in the hands of any
party, and deposit the same with the Treas
urer of this State.
Sec. s. Section twenty-one of chapter
eighty-lour of the Compiled Statutes is hereby
repealed.
SEC. Q, This act shall take effect from
its passage.
Approved, Nov, 25, 1858.