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proceedings

custody the

Bank;

days thereafter neglect to pay or tender payment of such bills, the holder or holders of such bills, may make complaint thereof in writing to any Judge of the Supreme Judicial Court, whose duty it shall thereon. be thereupon, to cause the President and Cashier of said Bank to be notified to appear before him at such time and place as he may appoint, to answer to such complaint and shew cause against further proceedings thereon: And if said President or Cashier shall not appear, or if appearing shall not shew sufficient cause against farther proceedings, Judge may appoint Commisit shall be the duty of said Judge, thereupon to ap- sioners: who point three disinterested and discreet Commission- shall take into ers residing near to said Bank, to take into their property of the custody and possession, all the books, papers, property and estate of said Corporation: And such Commissioners, or the major part of them, shall thereby be authorized, to demand and receive of the said President, Directors and Cashier of said Bank, all the real and personal estate of said Bank, with all the books and evidences of debts due to said Bank, making and delivering to said President, Directors and Cashier, or either of them, accurate lists and memoranda of such estate, books and debts: And it shall be the duty of such Commis- may dispose of sioners, or the major part of them, and they are the same, and hereby authorized forthwith to proceed to dispose pay debts. of such estates and to collect such debts, and to pay the demands against said Corporation.

collect and

ers may sell at

mortgages and

SECT. 16. Be it further enacted, That such Com- Commissionmissioners, or the major part of them, shall be au- auction, givthorized and empowered to sell at public auction, ing notice, after giving thirty days public notice of such sale, execute deeds; any real estate belonging to said Corporation, and any mortgages upon real estate due to said Corporation, and to make and deliver in the name of the Corporation, any deed or other instrument necessary to the due and complete transfer and conveyance of such estates and mortgages: And said Commissioners or the major part of them shall further may collect be authorized to collect all debts due and owing to cute actions. said Corporation, and to commence and prosecute in the name of the Corporation any action necessa

debts & prose.

Proviso.

to Commis

ry to the collection of such debts: Provided, That so soon as such Commissioners shall have realized from the property of the Corporation, a sum sufficient to pay all the debts of the Corporation, their powers shall cease; and it shall be their duty to surrender to said Corporation all the remaining property and estates, together with the books and papers belonging to it.

SECT. 17. Be it further enacted, That said Compensation Commissioners shall be entitled to retain to their sioners. own use for their services, such sum as may be agreed upon between them and said Corporation :

Jiable for re

up property to

ers in their pri

vate capaci

ties;

And in case of disagreement, such sum as shall be determined by the Judge who appointed such Commissioners.

SECT. 18. Be it further enacted, That if the PreDirectors, &c. sident, Directors and Cashier of such Bank, shall, fusing to give upon demand made by such Commissioners, refuse Commission or neglect to surrender to them all the books, papers, property, estates and demands of said Corporation, such President, Directors and Cashier, so refusing or neglecting, shall thereupon severally become liable in their individual capacities, for the payment of all debts due from said Corporation : and may be And any creditor to said Corporation may have. proceeded a and maintain his action against such President, Directors and Cashier, or either of them, to recover against them, or either of them, in their individual capacities, the amount of the just demand against said Corporation.

gainst accord

ingly.

[This Act passed February 15, 1825.]

porated.

CHAPTER CCCIX.

AN ACT to incorporate the Mozart Society.

SECT. 1. BE it enacted by the Senate and House of Persons incor- Representatives, in Legislature assembled, That Horace Gould, Thomas Chase, Junior, George Bates, Francis F. Haines, Aaron Snellin, William Snow, Thomas Chase 3d, Simeon Howard, Nathan Soule, Joseph Lake, John Simmons, Isaac L. Hearsey, William H. Brettun, Junior, Charles J. Baker, Bela

Weld, Simeon Waters, Israel Washburn, Davis Washburn, Samuel Morrison, Henry Aldrich, Abiather Austin, Gideon Ellis, Nathan Crafts, John Eustis, James Starr, Junior, Zebulon Norton, Abram Fuller, and Isaac Billington, together with their associates and successors, be, and they hereby are, incorporated into a body politic, for the purpose of improvement in the science of Music, by the name of the Mozart Society; with power to sue Powers and and be sued; to have a common seal and to change privileges. the same; to make any by-laws and regulations for the management of their affairs, not repugnant to the laws of this State; to take, hold and possess, May hold real any real and personal estate, which shall not exceed and personal ten thousand dollars; and to sell and convey or tain amount. lease the same, with all the privileges and powers usually exercised by similar incorporated societies in this State.

estate to a cer

SECT. 2. Be it further enacted, That the pow- Powers may ers granted by this act, may be enlarged, restrained be altered. or repealed, at the pleasure of the Legislature.

First meeting,

SECT. 3. Be it further enacted, That the first meeting of said Society shall be holden at such time and place, and be notified in such manner, as the how called. three persons first named in this act, may direct. [This Act passed February 16, 1825.]

CHAPTER CCCX.

AN ACT establishing the line between Litchfield and Hallowell.

Where line

BE it enacted by the Senate and House of Representatives, in Legislature assembled, That, from and after the passing of this act, the dividing line, shall pass. between the towns of Litchfield, in the county of Lincoln, and Hallowell, in the county of Kennebec, shall pass and be extended through the middle of Winthrop Stream, instead of any other line or boundary heretofore established, as the dividing line between the said towns; and the same line shall be the dividing line between the counties of Lincoln and Kennebec.

[This Act passed February 16, 1825.]

porated.

Charter to con tinue until

CHAPTER CCCXI.

AN ACT to incorporate the Canal Bank.

SECT. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That Woodbury Storer, Cotton B. Brooks, Phinehas Persons incor- Varnum, Nathaniel Mitchell, Josiah Pierce, John Perly, John T. Smith, Eli Longley and Samuel Andrews, and their associates, successors and assigns, shall be, and hereby are, created a corporation by the name of the CANAL BANK; and shall so continue until the first day of March, which will March 1845. be in the year of our Lord one thousand eight hundred and forty five; and by that name shall be, and are hereby made capable in law to sue and be sued ; Powers and plead and be impleaded; defend and be defended, in any courts of record, or in any other place; and also to make, have and use a common seal; and to ordain, establish, and put in execution such by-laws, ordinances and regulations, as to them may appear necessary and convenient for the government of said corporation, and the prudent management of their affairs Provided, such by-laws, ordinances and regulations shall in no wise be contrary to the laws of this State. And the said corporation shall always be subject to the rules, restrictions, limitations and provisions herein prescribed.

privileges.

Proviso.

Capital Stock $300,000;

not more than

be held by one

partners;

SECT. 2. Be it further enacted, That the capital stock of said corporation shall consist of the sum of three hundred thousand dollars, in gold and silver, and be divided into three thousand shares; and not more than fifteen per cent. of said capital stock shall 15 per cent to be at any one time held or owned by any one perperson; or co-son; and in case several persons shall be associated together as co-partners, the whole amount of said stock, held or owned by the co-partnership, and by all the individuals constituting the co-partnership, shall not at any one time exceed fifteen per cent. of said capital stock; which capital stock shall be paid in at four equal instalments, the first whereof shall be paid within three months, after the whole of said stock shall have been subscribed, and the other three instalments successively within three

when to be paid in.

discounts to be.

paid in,

made.

meeting

months of each other; the second instalment to bet paid within three months after the first: Provided, That no money shall be loaned, or discounts made, No loans or nor shall any bills or promissory notes be issued made until from said Bank, until the capital Stock actually $75,000 be paid in and existing in gold and silver in the vaults of said Bank shall amount to seventy-five thousand dollars, and the affidavits of the President and and affidavits Cashier, of such facts, shall have been filed in the office of the Secretary of State. And the Stockholders, at their first meeting, shall, by a majority of votes, determine the mode of transferring and Mode of transdisposing of said stock and the profits thereof, ferring Stock which being entered on the books of said corpora- mined at first tion, shall be binding on the stockholders, their successors and assigns, and no transfer of stock shall be of any effect until after it shall have been entered on the books of said corporation; and the said Real estate corporation are hereby made capable in law to may be held, have, hold, purchase, receive, possess and retain to a certain athem, their scccessors and assigns, lands, tenements and hereditaments, to the amount of fifteen thousand dollars, and no more at any one time; with power to bargain, sell and dispose of the same, and to loau and negotiate their monies and effects, by negotiate modiscounting on banking principles, on such security, as they shall think advisable: Provided, That nothing herein contained shall restrain or prevent said corporation from taking and holding real es- Proviso. tate in mortgage or on execution, to any amount, as security for, or in payment of, any debts due to said corporation.

not exceeding

mount.

May loan and

ney, &c.

the Corpora

tion.

One quarter of Capital to be o.CanalStock.

SECT. 3. Be it further enacted, That the fol- Rules, &c. of lowing rules, limitations, and provisions, shall form, and be the fundamental articles of this corporation. First. That one quarter part of all monies paid in upon the shares of said Bank, shall be vested in the stock of the Cumberland and Oxford Canal Corporation, created by an act of the Legislature of this State, in which this Corporation shall be interested to the amount of one quarter part of its capital stock. Second. That the total amount of the

vested in C. &

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