Rule 6th. [Requires security of the cashier. See sec. 64.] estate may 86. Rule 7th. The lands, tenements, and hereditaments, which it what real shall be lawful for the said corporation to hold, shall be only such as be held may be requisite for its immediate accommodation, in relation to the convenient transacting its business. Rule 8th. [Limits the debts to thrice the capital, and provides against excess. See sec. 66.] Rule 9th. [Certificates of stock, how issued and transferred. Transcript of sec. 67.] Rule 10th. [Forbids all concern in commerce and insurancesame as sec. 68.] Rule 11th. [How liable on contracts. See sec. 69.] [As to dividends. Same as sec. 70.] [Requiring minutes to be kept. Same as sec. 23.] Rule 14th. [Duration of the charter to 1837. See sec. 71.] Rule 13th. 87. Rule 15th. The directors shall, within six months after the Branches. said bank shall go into operation, establish an office of discount and deposit, in the town of Milledgeville, and one at some convenient place, contiguous to the Oakmulgee, within two years from the time the said bank shall go into operation, for the purpose of discount and deposit only, upon the same terms and in the same manner as shall be practised at the bank, which shall be established in the town of Darien; and, at any time thereafter, to establish one or more offices of discount and deposit, at any other place or places, at the discretion of the directors, or a majority of them, and to commit the management of said offices to such persons, under such agreements, and subject to such regulations, as they shall deem proper, not contrary to law, or to the constitution of the bank; and the amount of stock shall be apportioned, by the directors in the different branches, according to the exigencies of business. how liable. 88. Sec. X. All notes, discounted by said bank, shall be made Endorsers, payable at the office where they are offered; and if the endorser or endorsers live without the limits of the town where the said bank, or office of discount, may be established, they shall be held and bound for the payment of the note, without any demand being made of the drawer, or notice of its non-payment being served on them. on stock, 89. Sec. XI. The sums respectively subscribed for shall be pay- Instalments able in the manner following; viz. twenty-five per centum, as before how paid in. specified, and the remainder of the sum so subscribed, at such time or times as the directors of the said bank may require and direct; provided that sixty days notice of the time at which payment is required to be made be given in the public gazettes of Darien and Milledgeville; and nothing herein contained shall prevent any future Legislature legislature from increasing the capital of this bank, if deemed neces- the capital. sary, to the amount of one million of dollars more. may increase pay able where 90. Sec. XIL Notes issued by the mother bank shall be made Notes payable at the same, and the notes issued by any of its offices of dis- issued. count and deposit shall be made payable at said offices; and if the bank, or either of its offices of discount and deposit, shall at any time Failure to fail, or refuse to redeem their notes in specie, and the same shall be pay specie. protested before any notary public, the legislature may direct its prosecuting officer to commence an action in any court having competent jurisdiction thereof, for such violation, and on the fact being established, the charter may be declared and considered forfeited: Provided, that nothing herein contained shall prevent said corporaton, in case of a forfeiture of their charter, from suing and collecting, in their corporate capacity, all debts previously due them. individually votes. and of being sued and compelled to pay all debts due by said corporation. Stockholders 91. Sec. XIII. The persons and property of stockholders in liable for the said bank shall be pledged and bound, in proportion to the amount of the value of shares that each individual or company may subscribe for or hold in said bank, for the ultimate redemption of the bills or notes issued by and from said bank, in the same manner as in common commercial cases, or simple actions of debt, and that the state be pledged for the ultimate redemption of the bills or notes of said bank, in proportion to the amount of the value of shares that shall or may be subscribed for and held by said state. Other banks, &c. may be own notes. 92. Sec. XIV. When any other bank, company, or corporation, paid in their shall apply at this bank, or any of its offices of discount and deposit, and demand specie in payment of the bills or notes which said bank, company or corporation, may hold on this bank, the said notes or bills shall and may be paid off, in the whole or a part, by this bank, or such of its offices of discount and deposit, in notes or bills which this bank, or such of its offices of discount and deposit, may hold upon such Oath may be bank, company, or corporation; and the cashier of this bank, or such required that of its offices of discount and deposit, may, if he requires it, demand an oath in writing of the person presenting said bills or notes for payment, that such notes or bills, so presented for payment, are not the property of any other bank, company, or corporation. their demands are bona fide. Shall dis count days. Shall not require town residence. 93. Sec. XV. It shall be the duty of the president and directors at 90 of the mother bank, and each of its offices of discount and deposit, to discount notes at ninety days, without requiring that the drawer, or any one of the endorsers should be residents of the town in which such bank or branch may be located, provided said note or notes should be, in the opinion of the president and directors, safely and sufficiently endorsed. This charter may be rescinded by 94. Sec. XVI. Nothing contained in this act shall be so construed as to take the power of controlling said institution out of the legisthe legisla- lature; but the legislature shall at all times have the power of arresting or suspending said charter, whenever it shall be made appear that the said corporation has not complied with all or any of the aforegoing provisions. Investment of school funds; of navigation funds. Appropria Act of Dec. 18, 1819. Vol. III. 102. 95. Sec. I. Enacted, That his Excellency the Governor be, and he is authorized and required to vest in said stock [of the bank of Darien] the sum of one hundred thousand dollars of the fund heretofore set apart for the establishment and support of Free Schools; and that his Excellency aforesaid be, and he is authorized and required to vest in said stock, the sum of one hundred thousand dollars of the fund heretofore set apart for the improvement of the internal navigation of this state. 96. Sec. II. The further sum of one hundred and seventy-five tion for fu- thousand dollars be, and the same is hereby appropriated, to be drawn for from time to time as future instalments shall be required. ture instal ments. Resolution of Dec. 21, 1820. Resolved, That the presidents severally of the Bank of the State of Georgia, the Bank of Darien, the Planters' Bank, and the Bank of Augusta, shall be required, annually, to give a minute statement of the standing and management of each of those institutions and their branches, for the twelve months immediately preceding the first Mon day in October, in each year, and forward the same to his Excellency the Governor, for the time being, and be subject to the examination of the General Assembly, showing particularly the amount of specie in their vaults, the amount of debts due them, the amount of issues by each, and the amount of bills in circulation; the amount of deposits, and the highest amount due, and owing by each of said banks. Abstract of "An Act for the incorporation of the Steam-boat Company of Georgia"-Passed Dec. 19, 1817. Vol. III. 510. Sec. I. Incorporates thirty-five persons, (therein named) their successors and assigns, by the name of " The President, Directors, and Company of the Steam-boat Company of Georgia," who are made capable to hold real and personal property not exceeding in amount the capital of the company for the time being-may sue and be sued ; use a common seal; and make by-laws. Sec. II. The capital to be $200,000, but may be increased to $800,000 by a majority of the stockholders holding two-thirds of the existing stock. Sec. III. Thirteen directors to be annually chosen by the stockholders. One share, 1 vote; from two to five shares inclusive, 2 votes; every five shares above five, gives 1 vote. To confer a right of voting, shares must have been held three months. Sec. IV. Gives the exclusive right for twenty years " of navigating the rivers and other waters of this state, with boats or vessels propelled by steam, whether employed alone, or for the purpose of warping, or in any manner impelling other boats and vessels, rafts, floats, or arks." Offenders against their privilege shall forfeit the vessels and machinery employed therein, and for every offence $1000, half to the state and half to the prosecutor. Sec. V. The company to forfeit its right on every river on which it shall not have at least one steam-boat in operation within seven years, and on which it shall at any time afterwards for twelve months together employ no steam-boat. Sec. VI. "The said corporation shall be liable for all losses caused by fire and steam, if occasioned by their own negligence or that of their agents or servants, but not otherwise: Provided, That the law governing carriers, now in force, shall be in nowise innovated on by this Section." Sec. VII. The corporation shall be authorized to ensure all property shipped in their boats against risks for which they are not legally liable; and may enjoy the exclusive use of its own wharves; but not to hold any more than their own business may require. Sec. VIII. This act to continue in force twenty years. The corporation may sue and be sued under the former act in favour of Samuel Howard ;* and may enjoy all rights, granted by that act, as fully as if they were directly granted in this. But they shall not issue any bills commonly called bank bills or bills of credit. An act to encourage an improved mode of transporting merchandise upon the waters of the State of Georgia-Passed Nov. 18, 1914. Vol. III, 490. 7 Proceedings against the mother. father. 50 BASTARDY.-1793. An Act respecting Bastardy, and other immoralities.-Passed December 16, 1793. Vol. I. 42. 1. Sec. I. Any justice of the peace, in any county within this state, who of his own knowledge, or on information to him on oath, made of any free white woman having a bastard child, or being pregnant with one, which it is probable will become chargeable to the county, he may thereupon cause a warrant, under his hand and seal, directed to the sheriff, or any constable of said county, where the case may arise, and oblige the offender to be brought before him to give security to the inferior court of the county, in the sum of 150 pounds, for the support and education of such child or children till the age of fourteen years, or to discover on oath the father of such Against the bastard child; which being done, the said justice shall issue his warrant, in like manner, to bring before him the person sworn to be the father of such child or children, so born or to be born, who, on refusing to give security for the maintenance and education of such child or children, until they arrive at the age of fourteen years, and also the expense of lying-in with such child or children, boarding, nursing, and maintenance, while the mother of such child is confined by reason thereof, that then it may and shall be lawful for the said justice to bind over such delinquent in a sufficient recognizance, to be and appear before the next superior court, which may be held in said county; and it shall be the duty of the attorney or solicitor general to prefer a bill of indictment, to be laid before the grand jury, to answer to such complaint as may be then and there alleged against him touching the premises. Women to be who fail to this act. 2. Sec. II. In case the woman, who shall have been delivered, or committed, is likely to be delivered, when brought before a justice, refuses to comply with discover on oath the father of such child or children, so born, or to be born, or give such security to appear before the next superior court, to be held in and for the said county, and to give such security as may be then and there required of her by the said court, for the maintenance and education, as aforesaid, of the said child or children, that then it shall be lawful for the justice to commit her, in manner and form aforesaid, as pointed out by this act; and in case of her refusing to make known to the said court the father of such child, or give security as aforesaid, that then it may and shall be lawful for the said court to imprison her, not exceeding three months. Punishment of offences act. Sec. III. Relating to adultery and fornication. See penal laws, sec. 177. An act supplementary to the foregoing-Passed November 26, 1802. Whereas the act, entitled "an act respecting bastardy, and other immoralities," passed the 16th day of December, 1793, has been found ineffectual for the purposes therein intended; for remedy whereof, 3. Sec. I. Be it enacted, &c. That from and after the passing of against this this act, the punishment to be imposed upon any person who shall be convicted, under the first article of the said recited act, shall be by fine and imprisonment, or either, at the discretion of the judge. Sec. II. repealed. See penal laws, sec. 8 and 177. An Act An Act to carry into effect the first section of an act, entitled respecting Bastardy, and other immoralities," and the more fully to empower the inferior courts of the several counties in this state, to provide for the maintenance of bastard children.-Passed December 9, 1809. Vol. II. 524. Bonds for the maintenance children, how 4. Sec. I. From and immediately after the passage of this act, it shall be the duty of the inferior courts, in the several counties of this of bastard state, when any child or children have, or shall become chargeable to be recoverto the county, where bonds are taken, and to be hereafter taken, in ed and apprepriated. conformity to an act, passed the 16th day of December, 1793, as above recited, for the maintenance of bastard children, to institute an action on all bonds so taken, and to be hereafter taken, in manner aforesaid, and prosecute the same to judgment; and it shall be lawful for them to recover the full amount of said bond or bonds, which judgment or judgments shall remain open, and be subject to be appropriated by the courts aforesaid, from time to time, as the situation and exigencies of the said bastard child or children may require. where such be returned. 5. Sec. II. It shall be the duty of the justice or justices of the How and peace, before whom the aforesaid bond shall be taken, to return such bonds are to bond to the clerk of the inferior court of the county, in which such female shall reside, within thirty days after the same is taken. As to indictments for the murder of bastard children, see penal Laws, sec. 48, 49, and 50. BOATS AND CREWS-1815, 1816. An Act for the better regulation of Boats and Boats Crews,* navigating the Savannah river from the city of Augusta to the head waters of said river.-Passed December 4, 1815. Vol. III. 112. Whereas the inhabitants of this state, residing on or near Savannah river, complain of serious injuries inflicted on their rights and property, by boats' crews navigating the waters aforesaid; for remedy whereof, Each boat te 1. Sec. I. Be it enacted, &c. That from and after the first day of have a bill of January next, it shall be the duty of all owners or agents of boats lading, employed in the navigation of the aforesaid waters, to grant to each and every boat respectively, previous to its departure from the landing or wharf, a certificate or bill of lading, showing its destination, contents, the name of its patroon and consignee; which certificate which shall or bill of lading shall, at all times, be subject to the examination of be always any free white person or persons requiring the same. subject to examination. not giving not produ required, 2. Sec. II. If any owner or agent, as aforesaid, shall neglect or Penalty for refuse to furnish the certificate or bill of lading, required by this such bill of act, or the patroon, upon application, or being required by any free lading, or for white person as aforesaid, shall refuse to exhibit his certificate or cing it when bill of lading as aforesaid, the owner of such boat or boats shall, for every such refusal or neglect, be liable to indictment in the superior courts of this state; and on conviction thereof, forfeit and pay the sum of fifty dollars, one half thereof to the use of the informer, and the other half to the use of the county, where such conviction shall take place. *No person of colour allowed to be patroon of a boat between Savannah and Augusta. Vol. II. 332. 50 dollars. |