Gambar halaman
PDF
ePub

no mort.

the directors and preficent are chofen, and application hath becn made to congress by the faid president and directors for an act of incorporation ; And whereas the exigencies of the United States render it indispendabiy nocetary, that such an act be immediately pailed;

Be it therefore ordained, and it is hereby ordained by the United Statis in congress assembled, That those who are, and thote who fail tecumnie Stile of the corpora fubicribers to the faid bank, be, and for ever a:te: Thail be a

corporation and body politic, to all intenis and purposes, by the name and fliic of, The president, directors, and company of the bank of North-America.

And be it further ordained, That the faid corporation To hold property to the souri ot'ten mil

are hereby declared, and made able and capabk in law, to Lons of dollars, and have, purchase, receive, poljefs, enjoy and retain lands,

rents, tenements hercditaments, goods, clatrels and efircts, of what kind, nature, or quality foever, to the amount of ten millions of Spanish silver milled dollars, and no more ; and also to sell, grant, viemise, alien, or dispose of the fame lands, rents, tenements, hereditaments, goods, chattels and effects.

And be it further ordained, That the faid corporation To live and be fixed. be, and shall be for ever hereafter able and capable in law, to fue and be sued, plead and be impleaded, answer and be answered uno, deknd and be defended in courts of record, or any other place whatsol ser ; and to do and execute all and singular other matters and things, that to then fhall or may appertain to do.

And be it further ordained, That for the weil-governTo choose their own ing the said corporation, and the ordering of their affairs, etos,

they shall have such officers as they shall hereafter direct or appoint: Provided nevertheless, That iwelve directors, one of whom shall be the prelident of the corporation, be of the number of their officers.

And be it further ordained, That Thomas Willing be Txe prefene prefi- the present president; and that the said Thomas Willing,

and Thomas Fitzsimmons, John Maxwell Nulit, James Wilson, Henry Hill, Samuel Ofgood, Cadwallader Morris, Andrew Caldwel, Samuel Ing is, Samuel Meredith, William Bingham and Timothy Malack, be the present dircctors of the said corporation; and fall fo continue until another president and other directors fall be cloin, according to the laws and regula:ions of the said corporation.

" And be it further ordained, That the prefdent and diTourcis pavers rectors of the faid corporation, Mall be capable of exercing for orda.ng lair af

such power, for the well-governing and ordering of the affairs of the said corporation, and of holding such cecatora! incetings for that purpose, as shall be described, fixed, and determined by the laws, ieguations and ordinances of the said corporation.

And be it further ordained, That the faid corporation To male la us for may male, ordain, etablisi, and put in exccution such

laws, ordinances and regwations, as fall fcem receffary id convenient to the government of the faid cor, oradan : Trovided apays, That nothing leren betere contained, fuil te conír::ed 10 aurho:ze the fa'd ccrporation,!o exercise any powers in 2015 ci ile Inted States, repugnant to the laws or conditation of luchi dau,

En and credturs.

[ocr errors]

To hare a common fiai.

And be it further ordained, That the said corporation Nall have full power and authority, to make, have, and

ule a common feal, with such device and infcription as they shall think proper; and the fame to break, alter and renew at their pleasure.

And be it further ordained, That this ordinance shall be construed and taken most favourably and beneficial for the faid corporation.”

And whereas the United States in congress allembled, did, on the 31st day of December, 1781, resolve, That it be recommended to the legislature of each itate, to pass such laws as they may judge necessary for giving the foregoing ordinance its full operation, agreeably to the true intent and meaning thereof, and according to the recommendations contained in the resolutions of the 20th May lait ;

1. Be it therefore enacted by the people of the late of New York, represented in fenate and affemhly, and it is hereby enacted by the authority of the same,

The frid hank in. That the said bank mentioned in the said ordinance, Mall corporated within this be, and is hereby incorporated and made a body politic

within this state, by the name and file of, The president, directors, and company of the bank of North-America, with all and singular the powers, privileges, and immunities in the faid ordinance fpecificd; and

And no other buk that no other bank, public or private, shall be eitabl sned is bebidas hol dure within this state, during the prelent war with Great Britain, ing the .

on pain of the forfeiture of one hundred pounds for every olence, by every person concerned in such bank or banks, being thereof convicted in the supreme court of judicature of this state; which forfeiture Mail go one half to the complainant, and the other half to the treasury of this fate.

II. And be it further crailed by the authority aforesaid, Felony without bene. That if any person shall forge or counterfeit any bank note fit o siery, tv countei fcitiheir notes. or notes, iilued or emited, or to be issued or emitted by the faid bank hereby incorporated, or shall alter any such bank noie, so that the Tame fhall appear to be of greater value than the same was at the time of the itong or cmiting thereof, intended to pass for ; or shall pass or give in payment, or procure to be passed or given in payment, any such counterfeit or

Tasculte repeal- altered bill, knowing the same to be counterfeit or altered; falta dei. di. 2. the person fo ofending, shall be deemed guilty of felony,

and Mall, on conviction, fuffer the pains, penalties and forfeitures, prescribed by law in cases of felony without benefit of clergy.

Ill. did be it further entied by the authority aforefrid, Orʻor any of their That if any pretident, inspector, director, or servant of the oficers or firvan's so faid bank, Mall fraudulently convert any of the property; otse wait to tieis money, or credit of the said ban's, to his own ul', he shall

be det med guilty of felony; and shall, on conviction, fuffer pains, penalties and forfeitures, prescribed by law in cases of felony, without teneit of ciurgy: Provided always, and it is further enacted, That no ling

Ti's art not to im- in this act contained, I all be construed to imply any right it to creat: bics or power in the United States in congress atičmbiéd, to

create budits johtic, or grant liters of incorporation in any cale whatever.

. 5

OWL

[ocr errors]

LAWS of the State of NEW-YORK,

Passed in the Sixth Session of the Legislature, held at

Poughkeepsie, in Dutchefs County.

[ocr errors]
[ocr errors]

CHAP. I. Explained and amend: An ACT relative to Debts due to Persons within the ed efti. ch. 12.--loc (.i. ch. 94.

Enemy's Lines.

Became a law 12th July, 1782. WHEREAS many of the inhabitants of this flate, who have not

reinained within the enemy's power, and who were indebted to others who did so remain, are now threatened with suits, and have it not in their power to recover from those who are indebted to them, and remained within the power of the enemy;

1. Be it therefore enacted by the people of the fate of New York, represented in fenate and afembly, and it is hereby enacted by the authority of the same, Cortail faits for dete That all suits and profecutions for any debt, arising on fimple disch red till

further contract, bills single or penal, or any other obligation, mortby le

gage, fecurity or demand whatsoever, due by or from any perion not within the enemy's power or lines, * to any perfon that has remained with, gone into, or has in consequence of any law of this state, been fent within the enemy's power or lines, already cominenced, or which here

afic r' be commenced, shall be stayed until the legillature See 7th fel. ch.

shall make further t provision in the premises, any law to

the contrary notwithitanding. Premble,

II. And whereas it is also just and reasonable, that proviReciting the juft ce of giving relief tocr- fion should be made for the relief of such citizens of this taia debors.

1łate, who, having received in payment of debts due to them, paper currency, which at the time of such payınent, was a legal tender, and which they might of right have paid in discharge of any debis due by them, but which it was not in their power to pay to such of their creditors as have remained with, gone into, or were fó fént within the enemy's lines; and which money has, ince the receipt thereof, depreciated in their hands : And whereas it is impofiible to apply one general rule, to all the variety of cases, which do or may arise ; Bertu erefore junior eraced by the wait olyafie mid, That in every fút or prosecution which shall be commenced a fier the legilat ure shall by law have declared, that the recelity offtayirgsuch fuits or prosecutions as aforesaid, di esto longer exif, by any person who may have remained with the enemy, gone in to them, jent or to be fent as afoietaid unto them, againit any person who has remained without the power of the uncmy, it stailand may be lawru! for the court in which such fuit fall be commenced or profecued, and the court is heichy required, on motion of ihe de fendant or his attorney, to appoint three or five referees, at the opibn of the court, to uy the mater in controversy; and the defendant Mall, and here

[merged small][merged small][ocr errors][ocr errors]

• Not in he original, but in ferteci by virtue of an aci pafed 4 ti of May, 1784, fel. 7. ch. 54.Sec. ).

ditors before
court to wa.e a settle

by is allowed to plead before such referees, any special matter; and if it shall appear to the faid referees, or the major part of them, that the special matter alledged and proved by the defendant, is of such a nature, that in equity and good conscience, abatement ought to be made from any sum or fums, due by such defendant, the referees shall, by majority of voices, determine the quantumn of fuch abatement; and having made their report and award, in writing, shall return the fame into court; and the court shall thereupon gire judgment, and order execution to issue in favour of the plaintiff, for the ium fo awarded to be due to the plaintiff: Provided, That such execution shall not be levied until the expiration of three years, next after the enemy shall be expelled from, or shall have abandoned the city of New-York.

III. And be it firther enated by the authority oforcjuid, Certain certificates That it shall and may be lawful for every defendant, to pay payable in dif harge of certain debts. in discharge of any debts so found due as aforefaid, to fuch plaintiff as aforesaid, certificates or notes figned by any commiflioner of loans of the United States, according to the value thereof as setled by the continental scale of depreciation, or certificates for money due on loan by thiş flate, according to the value thercof, ascertained by law.

IV. Aizd be it further emicd by the artiriy a'oicfiid, When certain debt. That it tall and may be lawful for any person, now with

any out the power of the enemy, being a debtor to any perfon ment.

now within the power of the enemy, at any time after the

enemy shall be expciled from, or hall have abandoned the city of New-York, and that the legislature hall have by law, declared that such suits as aforesaid shall be no longer fiayed, to cite his creditors before any court of law in this fare, to have a felulement, and make payment agree

Creditors refufing able to the mode prescribed by this act; and if the creditors mappu, barted from shall refuse to appear and come to trial, within two terms Jeuvering tiirdebts.

next after such citation, lie Mall be, and hereby is declared to be barred and precluded from recovering his said debt, due or demand, or any part thereof.

V. Be it furiher emicicd by the authority aforeluid, Debes from fiwojects That any subject or subjects of this stare, not in the power or

the power of the enemy, &c. lines of the enemy, who are indebted by simple contract, bill, fingle or penal, or any other obligation, mortgage, fécurity or demand what wever, to any person or persons that have cither remained with, gone into, or have in consequence of any law of this state, been sent within the enemy's power or lines, for fuch subjects of this fiate, not in the power or lines of the enemy, so indebted, Niall be, and hereby are discharged from interest which may have become due on such contract, bill, obligation, morigyc or securities, since the firit day of January, one thousand seven hundi ed and deveny-fix, to the first day of Jamiary, whicli Nall follow next afier ile conclufion of the present war; any law, ulage or cullon, to the contrary

Dihs contracted notwithfanding: Provided, 'I hat nothing in this claule conman tained, fall lx deemed to operate a discharge of any intereit

which may have accrued on any such bill, obligation, moit

gage, or otherfi curity,execucdince the said friday of Janu15-t hara?appre äry, one thoutind feien hurand and leventy-fix: Trovided !!!! met uf nevertheleis, Thai no person or persons Phall be allowed

the benefit of this aci, unless he, die or they all fri? Have fak é?troah of abjurarion, and the orth of a legince to this rare, ardill el.a. a cui fait led by the part will beil-affee whers

any

[ocr errors]
[ocr errors]

sce 120. feff.ch.49.

of this state, one whereof shall be a judge of the inferior

couit of common pleas of the county in which the perfor named in such certificate fzall reside, certifying that he or she is well attached to the freedom and independence of the United States of America, and have taken an active and decided part therein : And provided further, That this act shall not extend to any debt or debts, contracted or made, or he reafter to be made, for the use of the state, for the payment of which the faith thereof is pledged: And also provided further, That nothing in this act contained,

shall be construed to extend to any person that heretofore plained th feff. hath been, now is, or hereafter shall be a # prisoner with the

enemy.

[ocr errors]

С НА Р. XI. An ACT to prevent Grants or Locations of the Lands therein mentio-ed.

Pafled 25th July, 1782. Preamble. WHEREAS congress have, by feveral of their acts,

declared, that certain quantities of land should, at the termination of the prefent war with Great Britain, be granted to the persons respectively described in such acts, officers and soldiers in the arıny of the United States; And whereas the legislature of this fate are inclined to make provision to carry into effect the faid acts of congref at a future day, fo far as they respect officers and soldiers in the army of the United States, who have a right to such grants from this state;

1. Be it therefore cnailed by the pcople of the flute of New-York, represented in fenate and a jembly, and it is hereby enacted by the authorily of the fine, Certain lands set That all the lands, situate, lying and be'ng in the county of for the use of Tryon, bounded on the north by lake Ontario, the Onon

dago river, and the Oneida lake; on the west by a line drawn from the mouth of the Great Sodus or Allorodus creek, through the most westerly inclination of the Seneca lake; on the fouth by an eait and welt line drawn through the most southeriy inclination of the Scneca lake; and on the eaft by a line drawn from the molt wetterly boundary of the Oneida or Tuscarora country, on the Oneida lake, through the mosi weiterly inclination of the weit bounds of the Oneida or Tufcarora country; Repealed gth fer. shall be, and the fame is hereby declared to be set apart, and e 36 Se alligned for the purpose of making grants to major-generals fandizhleti.ch.4t. and brigadicr-generals, who at the time of their entering into the fervice, were inhabitants of this ftate, and to the troops of this state, ferv. ing in the arıny of the Uni ed States, and their legal repreientatives, agreeable to any acts ofcongres heretofore publithed and declared, or any law or laws hereafier to be pailed by ihe legislature of this state; and to such other perDas as the legillature may hereafier deem it neceflary to provide for, by gratuities in land, on account of their military services in the army of the United States. An i the surveyor-general for the time being, hall be, and he is Surveyor general hereby ftriétly inhibited from receiving and accepting of any

ettroma cep locations on any part of the lands fo fet apart, except for Fullvike, receptir certiíicates lodged in his ofise, before the palling of this act; certain.certsiatis,&ce and excepting out of the said tract folct apart, a certain tract of land within the bounds folowing, to wit; Beginning at the mout of a brook or fall river which empies into the eall side of the river proceeding

« SebelumnyaLanjutkan »