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(H. 36.) "An act in relation to bills of divorce;"

(H. 43.) "An act reviving an act entitled 'an act to incorporate the Rutland and Whitehall Rail Road Company;"

(H. 49.) "An act laying a tax on the lands in Brownington;"

(H. 17.) "An act to pay for certain military services rendered on the northern frontier;" and

(H.46.) "An act to pay Moses N. Chamberlin the sum therein mentioned."

(S. 26.) Mr. Adams, from the committee on Finance, to whom was referred the bill entitled "an act granting to Sally Fuller a premium on woven silk," reported the same without amendment, and it was

Ordered, To be engrossed and read the third time.

(S. 29.) Mr. Clark introduced a bill entitled "an act to pay Jeremiah Bushee the sum therein mentioned,"

Which was read the first and second times, and referred to the committee on Military Affairs.

A resolution from the House of Representatives, as follows:

Resolved, by the Senate and House of Representatives, That the State Treasurer be directed to pay all the debts against the State, (except what is due to the school fund,) as soon as consistent; and to borrow from the school fund whatever may be necessary for that purpose.

Which was read, and referred to the committee on Finance.

(S. 28.) Mr. Morse, from the select committee to whom was referred the bill entitled "an act relating to the militia," reported the same without amendment, and on the question "Shall the bill be engrossed and read the third time ?" the yeas and nays having been demanded by Mr. Clark, were as follows:

Those who voted in the affirmative are,

Messrs. Adams, Bemis, Crawford, Dana, Eaton of Franklin, Howe, Miner, Morse, Norton, Palmer, Short, Swift, Wheatley, Wheelock, and Wooster.-15.

Those who voted in the negative are,

Messrs. Bates, Bottum, Butler, Chipman, Clark, Eaton of Washington, Foster, Gilson, Harvey, Marsh, and Russell.-11.

So the bill was ordered to be engrossed and read the third time.

(S. 26.) The engrossed bill entitled "an act granting to Sally Fuller a premium on woven silk," was read the third time, and passed.

A message from the House of Representatives, by Mr. Washburn, the assistant clerk:

MR. PRESIDENT: The House concur with the Senate in passing the bill (S. 19) entitled "an act in relation to highways," with a proposal of amend

ment.

The House have also passed bills of the following titles:

(H. 87.) "An act to pay Henry S. Morse and others the sum therein mentioned."

H 66.) "An act laying a tax on the lands in Worcester."

(H. 67.) "An act to pay Edward H. Aiken the sum therein mentioned." (H. 65.) "An act to pay Kiah Bailey the sum therein mentioned."

(H. 61.) "An act to alter the name of Lucia Ann Moore."

(H. 28.) "An act to pay A. D. Arms the sum therein mentioned." In which they ask the concurrence of the Senate.

(S. 19.) The Senate took up the bill entitled "an act in relation to highways," and concurred with the House in adopting the amendment propos

ed thereto.

(S. 21.) The Senate, as in committee of the whole, resumed the consideration of the bill entitled "an act relating to banks," and having made progress therein, the committee rose and reported the same to the Senate, with the following amendment :

"SECTION 42. The charters and recharters of all banks, granted at this or any subsequent session, shall be subject to alterations or repeal by any future Legislature."

On motion of Mr. Eaton of Franklin,

The said bill was laid on the table.

(S. 7.) Mr. Wooster, from the committee on the Judiciary, to whom was referred the bill entitled "an act to amend the 63d section of the 28th chapter of the Revised Statutes," reported another bill with the same title. (S. 31.)

Mr. Dana moved to amend the bill by striking out the word "twenty," and inserting instead thereof the word "ten."

And the question being taken on the adoption of said amendment, was decided in the negative.

So the motion to amend was lost.

The bill was read the first and second times, and,

On motion of Mr. Wooster,

Was laid on the table.

(S. 27.) Mr. Butler called up the bill entitled "an act to extend the charter of the Bank of Bennington," and proposed the following amendment thereto :

"SEC. 13. The stockholders of said bank shall be severally liable, in their private and individual capacity, for all the debts and liabilities of said bank; and whenever any owner of stock shall have his stock standing in the name of any other person, or shall have assigned or transferred the same to any other person in trust, or for any other purpose whatever, except in the execution of a bona fide sale thereof, the said owner shall be and remain liable in the same manner as if said stock had stood in his own name. And whenever any final judgment shall be rendered against said bank, unless the execution issued thereon is immediately paid, the officer who has said execution is hereby authorized to levy the same on the private property of any one or more of the stockholders of said bank in such proportion as said stockholder or stockholders' shares have to the whole amount of the capital stock of said bank, and to proceed in the sale of said property in the same way and manner as if said execution had been against said stockholder or stockholders by name.

"Provided nevertheless, if each and every board of directors of said -bank shall give to the Treasurer of the State good and sufficient bonds in double the amount of the capital stock of said bank, conditioned for the redemption of all the bills and other liabilities of said bank; or if each and every stockholder of said bank shall, previous to doing business under this recharter, give to the Treasurer of the State their individual bond, signed by two good and sufficient sureties, or well secured on unincumbered improved real estate within this State, in double the amount of said stockholders' stock in such bank, conditioned for the redemption of all the bills and other liabilities of said bank, then and in that case said bank and

its stockholders shall not be subject to any portion of this section, except

the proviso."

Upon which amendment, the yeas and nays having been demanded by Mr. Butler, were as follows:

Those Senators who voted in the affirmative are,

Messrs. Butler and Howe.-2.

Those Senators who voted in the negative are,

Messrs. Bates, Bemis, Bottum, Clark, Crawford, Dana, Eaton of Franklin, Foster, Marsh, Miner, Norton, Palmer, Russell, Short, Swift, Wheelock, and Wooster.-17.

So the Senate refused to adopt the amendment, and,

On motion of Mr. Clark,

The bill was laid on the table.

(S. 30.) Mr. Butler, from the select committee to whom was referred the petition of Charles Grant, reported a bill entitled “an act abolishing capital punishment,"

Which was read the first and second times, and on his motion,

The bill was laid on the table.

(H. 38.) The Senate took up the consideration of the bill entitled "an act to establish a High School at Bakersfield, by the name of the Bakersfield Academical Institute," and,

On motion of Mr. Morse,

The bill was indefinitely postponed.

The Senate took up the resolution relative to the introduction of bills, and it was amended by striking out "this day," and inserting "Monday next," and laid on the table.

On motion of Mr. Palmer,

The Senate adjourned.

MONDAY, OCT. 26, 1840.

(S. 21.) Mr. Wooster called up the bill entitled "an act relating to banks." And on the question "Will the Senate adopt the amendment, reported by the committee of the whole ?" as stated on the journal of Saturday, the 24th instant, the yeas and nays, having been demanded by Mr. Butler, were as follows:

Those who voted in the affirmative are,

Messrs. Adams, Bates, Bemis, Butler, Chipman, Clark, Dean, Eaton of Franklin, Gilson, Harvey, Howe, Marsh, Miner, Norton, Palmer, Russell, Short, Townsley, and Wheelock.-19.

Those who voted in the negative are,

Messrs. Bottum, Crawford, Dana, Foster, Morse, Swift, and Wooster.-7. So the amendment was adopted.

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Mr. Butler offered the following amendment:

"SEC.. The stockholders of any bank hereafter chartered or rechartered, shall be severally liable in their private and individual capacity, for all the debts and liabilities of the said bank. And whenever any owner of stock shall have his stock standing in the name of any other person, or shall have assigned or transferred the same to any other person in trust, or for any other purpose whatever, except in the execution of a bona fide sale thereof, the said owner shall be and remain liable in the same manner as if such stock had stood in his own name. And where said stock is sold in execution of a bona fide contract, the person transferring the same shall be and remain liable, in the same way and manner, for the space of one year from the time of the transfer of said stock, as he would have been if he had continued to be the owner of the same. And whenever there shall be a final judgment recovered against any such banking corporation, execution shall issue against the same, and if said corporation neglect to pay said execution on demand being made by the officer holding said execution of the cashier, or of one of the directors of said bank, in case said bank have such officers; or if said corporation have no cashier or directors, who can be seasonably found by said officer, then said officer is authorized to levy said execution on any of the property of any one or more of the stockholders of said bank, and to advertise and sell the same in the same way and manner as though said execution had been against said stockholder or stockholders by name.

"Provided nevertheless, if each and every board of directors of said bank shall give to the Treasurer of this State good and sufficient bonds in double the amount of the capital stock of said bank, conditioned for the redemption of all the bills and other liabilities of said bank, or if each and every stockholder of such bank shall, previous to commencing business under their charter, give to the Treasurnr of this State their individual bonds, signed by two good and sufficient sureties, or well secured on unincumbered improved real estate within this State, in double the amount of said stockholders' stock in such bank, conditioned for the redemption of all the bills and other liabilities of such bank, then and in that case such bank and its stockholders shall not be subject to any portion of this section, except the proviso."

And on the question "Will the Senate adopt the amendment?" the yeas and nays, having been demanded by Mr. Dana, were as follows: The Senator who voted in the affirmative is,

Mr. Butler.

Those who voted in the negative are,

Messrs. Adams, Bates, Bemis, Bottum, Chipman, Clark, Crawford, Dana, Dean, Eaton of Franklin, Foster, Harvey, Howe, Miner, Morse, Norton, Palmer, Russell, Short, Swift, Townsley, Wheelock, and Wooster.-23. So the amendment was lost.

Mr. Butler offered the following amendment :

"SEC.

The stockholders of any bank hereafter chartered or rechartered, shall be severally liable in their private and individual capacity for all the debts and liabilities of such bank: and whenever any owner of stock shall have his stock standing in the name of any other person, or shall have assigned or transferred the same to any other person in trust or for any other purpose whatever, except in the execution of a bona fide sale thereof, the said owner shall be and remain liable in the same manner as if said stock had stood in his own name. And whenever any final judg

ment is rendered against any such bank, unless the execution issued thereon is immediately paid, the officer who has said execution is hereby authorized to levy the same on the private property of any one or more of the stockholders of any such bank, in such proportion as said stockholder or stockholders' shares have to the whole amount of the capital stock of said bank, and to proceed in the sale of said property in the same way and manner as if said execution had been against said stockholder or stockholders by name.

"Provided nevertheless, if each and every board of directors of such bank shall give to the Treasurer of the State good and sufficient bonds in double the amount of the capital stock of such bank, conditioned for the redemption of all the bills and other liabilities of such bank; or if each and every stockholder of such bank shall, previous to commencing business under its charter, give to the Treasurer of the State their individual bond, signed by two good and sufficient sureties, or well secured on unincumbered improved real estate within this State, in double the amount of said stockholders' stock in such bank, conditioned for the redemption of all the bills and other liabilities of such bank, then and in that case such bank and its stockholders shall not be subject to any portion of this section, except the proviso."

And on the question, Will the Senate adopt this amendment? the yeas and nays, having been demanded by Mr. Butler, were as follows: Those who voted in the affirmative, are,

Messrs. Butler and Howe-2.

Those who voted in the negative, are,

Messrs. Adams, Bates, Bemis, Bottum, Chipman, Clark, Crawford, Dana, Dean, Eaton of Franklin, Foster, Gilson, Harvey, Miner, Morse, Norton, Palmer, Russell, Short, Swift, Townsley, Wheelock and Wooster-23. So the Senate refused to adopt the amendment.

Mr. Butler proposed to amend the said bill by striking out the proviso to the seventeenth section, which is in these words: "provided that such corporation may sell all kinds of property held by it in pledge."

And on the question, Will the Senate so amend? the yeas and nays, having been demanded by Mr. Butler, were as follows:

Those who voted in the affirmative, are,

Messrs. Adams, Bates, Bemis, Butler, Dean, Foster, Gilson, Harvey, Howe, Palmer, Russell and Wooster-12.

Those who voted in the negative, are,

Messrs. Bottum, Chipman, Clark, Crawford, Dana, Eaton of Franklin, Miner, Morse, Norton, Short, Swift, Townsley and Wheelock-13. So the amendment was lost.

Mr. Adams moved to amend by striking out the proviso to section twenty-five, and on this question, demanded the yeas and nays, which were as

follows:

Those who voted in the affirmative, are,

Messrs. Adams, Butler, Chipman, Clark, Dean, Eaton of Franklin, Foster, Harvey, Howe, Marsh, Miner, Norton, Palmer, Russell, Short, Wheatley, and Wooster-18.

Those who voted in the negative, are,

Messrs. Bates, Bemis, Bottum, Crawford, Gilson, Swift, Townsley and Wheelock-8.

So the amendment was adopted.

Mr. Butler proposed to amend the forty-first section by striking out from

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