Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-04-03
Test: N. D. WEIGH, Clerk.
Trice VS.. The State

! The prisoner was indicted and convicted in the
Criminal Court of Memphis, under the Sd section
Of the penal code, for trauduently keeping IN ms
/ possession the counterfeit semblance or imitation
Of a bank-nOte Of the denomination Of ten dollars
1 of the Merchants Bank of Nashville, State OF
! Tennessee" 4 corporation established by law
and authorized a bank, in the State Of Ten
nessee.
The note-a copy of which Is set out in the in
/ diCtment-puIpOrts to have been issued by The
Merchants Bank, " and to lie payable at Nashville
( and bears date August 18th, 81.
Parol evidence was admitted-thOugh objected to
/ to show, that " a corporation existed and was
! located in Nashville, Tennessee the style OF
| which was, The Merchants Bank 1t seems,
from the proof, however that this Bank had
never issued any notes of the denomination of ten
/ dollars.
The bank spoken of in the proof seems to have
been one Of the free banks, organized under the
/ act of 1851, ch. li3
By said act ANY person or an association OF per-
sons" on complying with the conditions an ride
quirements therein prescribed, Is authorized to en-
gage IN and "caery on the business OF banking"
The act requires, however, that before common
cling said business such person, or association make,
and after the manner of a deed of conveyance, &C
knowledge and cause to be registered IN the office
of the Register Of the county where said busi-
ness is to be carried on, written memorandum
specifying
I. fhe name by which the bank is to be distin
guished, &c.
?. The place and county where the operations Of
said bank are to be carried Oh.
>. The amount Of capital stock, &C.
4. The names and places Of residence Of the shase
holders, &c.
s. The period at which said bank shall commence
and terminate &c.i
"A copy of which memorandum, from the Regis
ters office duly certified by hun, shall be filed by
such person association in the office OF the Secre-
tary Of State. and said MEMORANDUM or copy there
Of duly certified, either by the Register OF secreta-
" of State, May be used as evidence in all courts
and places, for against such person or persons or
association. And On complying with the conditions
aforesaid such person or association, by the name
stated in the memorandum aforesaid shall be body
polite and corporate, and have succession, &c.'
This mode of organization of bank under the
statute being thus provided for the first question
for our determination is parOl evidence, if OBJ
ected to- be received to show the organization, and
existence of a bank under the law:
We think not. We can take judicial notice Of the
statute authorizing such banks to be established
but we cannot take judicial notice of the books of
the county Register; or Of private papers lodged in
the office Of the Secretary Of State; and only from
one or the other of these sources can i be judicial
" known that such corporation legally exists.
The statute has made the "memorandum or q
copy thereof duly certified either by the Register
or Secretary of State, proper evidence OF the Gre
alton and existence Of the bank. We are OF opinion,
therefore, that the paFol evidence was improperly
admitted.
The objection that no notes Of the denomination OF
ten dollars has been put in circulation by the Mer
chants Bank" if the fact were admitted to be So |
has nothing in it. By the Sd section of the act the
banks organized under Its provisions are empower
,d 10 issue and circulate notes Of the different de-
lomnations authorized to be issued by the incorpO-
'2te} banks Of this State
1t is G1iLs scfloient to sustain the prosecution,
hat the bank had layfg authority to issue notes OF
he denomination of ten dollars whether IN fact
INV such notes ,yGreissued is an imBateEas. inquiry
he artifice of varying the denomination from ttlat
If the genuine notes in consideration cannot avail
he offender.
The misnomer of the bank in the indictment ls
perhaps caused by setting out the note in words and
igqrcs-the name of the corporation being suostan-
Tally CoEreci IN The forged note.
Judgment raYeFsq6 MCKINNEY
Test; n. D. WELSH, GiarE.