dktonal securities by mortgages on real estate, in accordance with
a resolution of the last legislature.
It is claimed by the company, and it is probably true, that the
loan is now most amply secured, and an application will proba-
bly be mhde to have the suit discontinued upon payment of the
costs.
4. Wayne circuit : James B. Hunt, Acting ConHntssioner, Ac
vs. William T. Pease, Tarleton Jones, and John Chester. An
aetion of replevin was brought in this case, to recover one loooo
motive engine and wheels, which had been detained by Ae non*
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I under wbtt was dtimed to be an exorbitant charge ibr
SrmAi and transportation from Bu&lo to this city.
llie cause is at issue and ready for trial.
5. Wayne county circuit : James B. Hunt, vs. Edward Cody,
Action of assumpsit for money paid more than was due by mis-
take. Default ot defendant entered abd ready for an assessment
ofdan^ages.
6« Wa3me circuit : James B. Hunt vs. James Q. Adams.
This was an action of replevin, brought to obtain possession of
one railroad car and wheels ; and it is defended on the ground,
that the car had been purchased for the use of the Central rail-
road, in the city of Troy, and belonged to the state. The cau»
is at issue and ready for trial.
7. Monroe circuit : Robert Abbott, Auditor General, &c. vsi
Peter P. Ferry. Action of debt brought under instructions of th«
Auditor General, to recover the penalty for non-payment of the
taxes of Monroe county, due the state.
8. Monroe circuit : Henry Howard, Treasurer, &c. vs. Peter
P. Ferry. Action of debt to the amount due the state for the
tites levied in Monroe county in 1836, as above. Both tkMd
cMiiues will be ready for trial, it is believed, at the next term of the
drouit
0. In chancery, first circuit: Commissioners of internal im^
pfofenoent, et ab. ads. Charles Jackson and David Cooper. In
this case a bill was filed by the complainants, and an injuaotiott
obtoioed from a justice of the supreme court, in the sickness of
the Chancellor, restraining the defendants from proceeding wMi
the construction of a depot for passenger cars upon grounds in
Michigan Grand avenue, in the rear of the city hall.
A ox)tion was made to dissolve the injunction, principally Qpoa
the ground that the commissioners were acting by virtue and un^
der the authority of law, and could not, therefore, be restrained
from the performance of their duties. This motion was ovemi«
led, and the case is still pending for answer and final dedsion.
10. Supreme court : the People, ex relatione the Attorney G^
â– eml va^ John Williamson, et anu An information in the nature
of m quo warranto has been filed in this case, to deprive the de^^
ftodaot of the right to take toll of persons passmg over the bridn.
aeroes the River Huron, in accordance vrith a resohition of the
kst legislature.
11. CJniled States circuit court, Ohio : Henry Howard, Treaa*
mer.&e. vs. the Bank of Manhattan. In this ease an action haa
been instituted by direction of the Treasurer, to recover oT the
Iwiik a penalty of ten thousand dollars, imposed upon it in iiuner
of the state by the terms of its charter.
IS. la chaneery, tiurd circuit : Samuel B. Knapp^ David L.
GoBiiii, Bobert Abbott, Auditor General of the stale of Mksfaigan^
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182 HOUSE DOCUMENTS-
ads. Isaac Willard. The complainants in this case, claim to have
a prior mdrt^2;age on a piece of land mortgaged as security under
the general banking law, to the Auditor General.
Schedule C.
Criminal Matters.
1. Hillsdale circuit : the People vs. Homer RowelK Indict-
ment for assault and battery, with an oflfensive weapon, with in-
tent to kill ; tried at last April term, found guilty, and sentenced
to lour years imprisonment in the state prison*
2* Hillsdale circuit : the same vs. the same. Indictment for
maifning ; not tried.
3. Jackson county circuit : the People vs. Levi D. Smith, Al-
bert Clark and Horatio N. Baldwin. ludictmcnt for conspiracy
to defraud ; found at last April term.
4. Jackson county circuit : the People vs. Jira Payn, Chas. H.
McClure, Porter G. Hughes, Abel F. Fitch, John S. Boyd and
Paul B. Ring. A like indictment for conspiracy to defraud ;
found at same time. In both the above cases, motions to quash
the indictment were made by the defendants' attorney at the last
October term* which were argued and overruled by the court.
Demurrers were then put in, and a motion was made to continue
the causes until next term, which was refused by the court The
causes were then argued by defendants' counsel, and continued
until the next term, as I have been informed. Owin^ to sickness
I was compelled to leave the court, and took no part in the argu-
ment
5. Jackson county circuit : the People vs. Levi D. Smith, Albert
Clark and Horatio N. Baldwin, Abel F. Fitch, Samuel T. Hoo-
Kr and Grould Butler. Indictment ibr felony under the general
nking law ; found last April term.
6. Jackson circuit : the People vs. Jira Payn, Paul B. Ring^
Porter 6. Hughes, Abel F. Fitch, Phineas Farrand, Wm. Ford^
and Walter Budington. The like in all things. In both these ca*
ses, motions to quash were made by defendants' counsel at Octo-
ber term ; which, after argument, were overruled ; demurrers
were then filed, and a motion was made to continue them until
next term, on the ground that my own sickness had prevented me
from making any preparations for the argument, and that I was
then unable to argue the demurrers. This was refused, and, a»
I have been informed, the demurrers were argued by defendants'
counsel, and the demurrers sustained. In bom cases, however, it
is believed that public justice requires the prosecution of the of-
fences ; and it is intended to prefer new indictments before the
grand jury of Jackson county, at its next session.
7. Monroe circuit : the VeojAe vs. Pamela Brown and Milton
N. Brown. Indictment as principal and accessory, in poisoning
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Amanda Brown ; tried at Monroe circuit last June 'term, and
Milton W. Brovm acquitted of being accessory, and Pamela
Brown removed to the county of Lenawee for trial
At the October term of that circuit, the cause was postponed
until December, when a special term was held, and the trial came
on upon the merits, and the jury rendered a verdict of acquittal.
/ 8. Washtenaw circuit: the People vs, George Howe and
Andrew G. Irwin* Indictment for felony, under the general bank-
ing law. This cause will bo ready for trial next term.
9. Lenawee circuit : the People vs. Henry C. Fuller. Indic^
ment for passing counterfeit money ; tried at last June term.
10. Lenawee circuit : the People vs. John Lapham. Indict-
ment for passing counterfeit money ; tried at last June term.
Both the above trials were attended to at the particular request
of the District Attorney for that county.
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IM HOUSE DOCUMENTS.
(No* 6.)
Report of the Judiciary committee on the bill and re-
port of the select committee relative to the collec-
tion of taxes in Wayne county.
The committee on the judiciary, to whom was referred a bill
from the select committee, authorizing the supervisors of Wayne
county, to perfonn certain duties therein mentioned, report :
That the remedy provided by said bill is not contained in the
provisioas of a bill reported by this committee, entitled ''A bill to
provide for the assessment and collection of taxes for the year
1838, and for other purposes,** and ihey therefore concnr with
said select committee m recommending the passage of the bill re*
ported by said committee.
GEORGE C. GIBBS,
Chairman Judiciary CommiUee^
The special committee to whom was referred the petition of
the township board of the township of Dearborn, in the county of
Wayne, beg leave to report :
That for some reason unknown to the committee, the tax list
and warrant of collection for said township, was not made out at
the meeting of the board of supervisors in October last ; leaving
said township without authority to supply the deficiency.
Your committee are of the opinion, that the taxes ought to be
collected, notwithstanding the legal measures for that purpose
have been neglected, and therefore beg leave to report the annex-
ed bill.
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' (No. 7.)
Report of the expenditures on the St Clair and Ro-
meo Railroad, January 10th, 1839*
State of Michigan^ county of St. Clair, ss.
The undersigned, Thomas Palmer, president, and Horatio N.
Monson, secretary of the St. Clair and Romeo railroad company,
being duly sworn, do depose and say,— That the total amount of
expenditures of every kind on said road up to the first day of
January instant, have been (so far as they can now be ascertain-
ed, some accounts remaining yet unsettled.) about nine thousand
dollars.
In witness whereof, they have hereunto set their hands and
affixed their seals, this tenth day of January. A. D. 1889.
THO'S PALMER, [i^sO
H. N. MONSON, [l. J
Subteribod ami noom to, the day )
and year above written^ before me, {
^ A. E. HAawnr, N. P., W. C.
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186 HOUSE DOCUMENTS.
(No. 8.)
State Bank Charters.
House of Representatives, January 10, 1839.
On motion of Mr. L. Allent
Resolved, That the committee on printing be authorized to
cause to be printed one hundred copies of the charter of the State
Bank of Indiana, and the same number of the charter of the State
Bank of Tennessee, for the use of the members of this House.
BANK OF INDIANA.
An act establishing a State Bank.
Section 1. Be it enacted by the General Assembly of the Slate
of Indiana, That there shall be, and is hereby created and estab-
hshed, a state bank with ten branches, which, or so many as
shall be organized under this charter, to be known and styled the
'*State Bank of Indiana,** and shall continue as such until the first
day of January, eighteen hundred and fifty-nine.
Sec. 2. The directors of the state bank first appointed are au-
thorized, and it is hereby made their dutVt to locate one branch
of said bank at such place within each of the districts hereinafter
named as they may deem expedient, to wit :
District No. One, composed of the counties of Marion* John-
son, Shelby, Hancock, Madison* Hamilton, Boon» and Hen-
dricks.
District No. Two, composed of the counties of Dearborn,
Franklin, Ripley, Switzerland, and Decatur.
District No. Three, composed of the counties of Union, Fay-
ette, Rush, Wayne, Henry, Delaware, and Randolph.
District No. Four, composed of the counties of JefibrsoD* Jen-
nings, Scott, Bartholomew and Jackson.
District No. Five, composed of the counties of Floyd, Harri-
son, Washington, Crawford, and Clark.
District No. Six, composed of the counties of Posey, Vander-
burgh, Perry, Spencer, and Warrick.
District No. Seven, composed of the counties of Elnox, Sul-
livan, Daviess, Gibson, Pike and Dubois.
District No. Eight, composed of the counties of Orange, Law-
rence, Monroe, Morgan, Martin and Greene.
District No. Nine, composed of the counties of Vigo, Claj»
Owen, Putnam, Park and Vermillion.
District No. Ten, composed of the counties of Tippecanoe,
Fountain, Mcmtgomery, Warreoi Carroll, and Clinton, and of the
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territory tying north of Warren and Tippecanoe, and west of Car-
roli and Cass, to the southern boundary of the northwfest district.
Sec 3. It shall be the duty of the directors of the state bank^
after the expiration of one year, to locate an additional branch in
the district lo be numbered eleven, composed of the counties of
Adams, Grant, Huntington, Wabash, Miami, Allen, La Grange^
Elkhart, and the unorganized territory attached to said several
couoties for judicial purposes : and after the expiration of three
years; to locate an additional branch of said bank within the dis-
trict of country lying north of the Wabash river, to be numbered
twelve, and not included in any of the districts before mentioned ;
Promded^ That there shall be more than three counties in said
district ; and like proceedings shall be had in organizing the same
as are herein prescribed for organizing the other branches : and
the state stock therein shall be obtained in the same way, and paid
over under the same restrictions and regulations as is provided
for tlie other branches : Provided, ftotvever, That nothing herein
contained shall prevent the board of state directors from paying
the same, out of the sinking fund of the state, or any surplus funds
under their contrd.
Sec 4. Should any of the branches herein established fail to
organize, as herein contemplated, it shall be the duty of the di-
rectors of the state bank, once in each year thereafter, if required
by any number of the citizens who will be responsible for the
expense, to open books of subscription within such district, and
locate and organize a branch therein at such place as they may
select, If the amount of stock herein required shall be taken and
paid for under the provisions of this act.
Sec. 5. The said state bank shall keep an office at the town of
Indianapolis, and the directors thereof shall meet and hold their
sessions at least once in three months. It shall be a body corpo-
rate and politic, with power to sue and be sued, plead and be
impleaded, in any court of law or equity havin(]r jurisdiction, and
to transact all other lawful business herein permitted them to do ;
and shall have power by and through her branches, and not oth-
erwise, Xq loan money, buy, sell, and negotiate bills of exchange,
checks, promissory notes, and other evidences of debt ; to discount
on banking principles and usages, bills of exchanije, post notes,
promissory notes, and other negotiable paper or obligations, for
the paynient of money ; to receive deposites, to buy and sell
gold, silver, bullion, and foreign coins ; to draw, issue, and put in
circulation, bills, notes, post notes, bills of exchange, and other
evidences of debt, payable to order or bearer, and not otherwise ;
and all such notes and bills put in circulation as money, except
post notes, and bills of exchange, shall be made payable on de-
mand ; and to exercise such other incidental powers as shall be
necessary to carry on such business.
18
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1S8 HOUSE DOCUMENT&
Sec. 6. The real estate, which it shall be lawful for said bank
to purchase, hold aod convey, shall be, first, such as shall be re- '
quired for its immediate accommodation in the convenient trans-
action of its business ; or, second, such as shall have been nK>rt-
gaged to it in good faith by way of security for stocky loans
Ereviously contracted, or for moneys due ; or, third, such as shall
ave been conveyed to it in satisfaction of debts previously con-
tracted in the course of its dealings ; or, fourth, such as shall have
been purchased at sales upon judgments, decrees or mort^ges
obtained or made for such debts ; and the said bank shall not
purchase, hold or cowey, real estate in any other case, or for any
other purpose ; and an such real estate, not absolutely necessary
for the convenient discharge of its business, shall be set up, at
least once a year, at public sale. After having given thirty days'
notice of such sale, describing the property so to be sold, and the
name of the mortgager, in at least one newspaper in the district
where such bank is situate, and placing three written notices in
the most public placies in the town where the bank is located ; and
shall be sold if the same will bring the amount of the debt, in-
terest, and costs for which the same have been bought, receivecL
or taken by the bank, and which shall remain after deducting all
profits received therefrom.
Sec. 7. All conveyances of real estate shall be signed by the
president of the state bank, and have affixed the seal thereof.
Sec 8. The said bank shall not at any time suspend or refuse
payment in gold or silver of any ofi its notes, bills, or obligations
due and payable, nor of any moneys received upon deposite ; and
if said bank at any time refuse or neglect to pay any bill, note, or
obligation issued by such bank, if demanded within the usual
banking hours, at the proper branch where the same is payable
according to the contract, promise, or undertaking, therein ex-
pressed, or shall neglect or refuse to pay on demand as aforesaid,
any moneys received on deposite, to the person or persons entitled
to receive the same, then, and in every such case, the holder of
any such bill, note, or obligation, or the person or persons entitled
to demand or receive such moneys as aforesaid, shall respectively
be entitled to receive and recover interest on their said demands,
until the same shall be fully paid and satisfied, at the rate of twelve
per centum per annum, from the time of such demand as afore-
said ; and any branch so failing to meet its engagements may be
closed, as in case of insolvency.
Sec. 0. The said state bank and each and every branch thereof,
shall mutually be responsible for all the debts, notes, and engage-
ments of each other.
Sec. 10. All suits or actions against said bank, on any contract
or engagement made, or liability incurred by the board of directors
of the state bank, or on any contract on engagement made or
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liability incarred by the boaid of directors of any branch, or on
any ^nk bill or note, shall be brought against the state bank of
Indiana.
Sec 11. The process in such case shall be a summons, and
shall be served on the president of the state bank, in all cases
where the contract, engagement or liability sued for shall have
been made by the board of directors of said bank ; and in all
cases where the contract, engagement or liability sued on, has
been made or incurred by a branch, the process shall be served
on the president of such branch ; and so also where the suit shall
be brought on any bank bill or note, the process shall be served
on the president of the branch at which such bill or note shall
have been made payable : or in all such cases, a copy of the pro-
cess may be left at the bankiog-house, or place of doing business
of the state bank, or of the proper branch, as the case may be, •
during the usual hours of business, which shall be good service.
And it is hereby made the duty of the president, or any other
officer, of any branch, knowing of such service, forthwith to no-
tify the president and directors of the state bank thereof. In all
suits brought against said bank, on any note, engagement, or lia-
bility of any branch, such suit shall be brought in the county
where such branch may be situate ; and all suits brought against
the state bank on any note, engagement, or liability of the state
bank, shall be brought in the county of Marion.
Sec 12. There shall be no stay of execulion on judgements
against the bank, for notes issued or deposites made therein, ex-
cept as herein provided for.
Sec. 13. Said bank shall be entitled to charge and receive for
moneys loaned, six per cent per annum, and not higher ; but the
same may, according to bank rules, be discounted and taken in
advance out of the sums loaned.
Sec. 14. The profits arising after paying expenses and reser-
vation for a contingent or surplus fund, shall be divided among
the stockholders, according to the amount of stock owned and
paid in by each ; and in making this calculation and division of
profits, each branch shall be independent of the others, and its
own profits be divided among its own stockholders.
Sec 15. There shall be deducted from the dividends, and re-
tained in bank each year, the sum of twelve and a half cents
on each share of stock, other than that held by the state ; which
shall constitute part of the permanent fund to be devoted to pur-
poses of common school education, under the direction of the
general assembly, and shall be suffered to remain in bank, and
accumulate, until such appropriation by the general assembly ;
and said tax shall be in lieu of all other taxes and assessments on
the stock in said bank. And in case of an ad valorem system of
taxation being adopted during this charter, the said stock shall be
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subject to the same ratio of taxation as other caphal, not exoeed-
iDg 0J3e per cent, including the aforesaid tax, and the said tax
shall only be assessed on such portion of the stock as shall have
been paid, and on account of which the stockholders shall not be
indebted to the state.
Sec. 16. The person administering the government of this
state, secretary of state, treasurer, auditor of public accounts,
commissioner of the canal fund, judge of the supreme or any in-
ferior court, or any person holdii^ an office or appointment under
the authority of the general government, shall not, while in
such office, hold the office of president of the state bank, direc-
tor of the stale bank, or president, director, or cashier, of any
branch, nor that of member of the general assembly ; nor shall
any president, cashier, or director o( any branch, at the same
time hold the office of president or director of the state bank, on
the part of the state, or the office of president, director, or cash-
ier of another branch.
Sec. 17. The notes issued by said bank shall be signed by the
president of the state bank, and shall be made payable at the
branch which shall issue the same, and shall be signed by the
cashier of such branch.
Sec. 18. No sale or forfeiture for unpaid taxes of any real es-
tate, mortgaged to said bank to secure the payment of loans
made, shall, until the lapse of five years from such sale, operate
to prevent said l^ank from redeeming the same, on patment of
such taxes and damages and interest thereon, as are required by
law in other cases of lands forfeited and sold. on account of un-
paid taxes, if at any time after such sale and forfeiture, such real
estate shall become the property of the bank for the payment of
any 8uc:h debt.
Sec. 19. It shall not be lawful for said bank at anytime to use
or employ any part of its capital slock, or other funds, in the
buying or selling of goods, wares, or merchandize, or in any
other business or dealing, than is by this act authorized and per-
mitted.
Sec. 20. It shall and may be lawful for said bank, or any branch
thereof, to accept, receive, and become responsible for the depo-
sites and public revenues of the United States, upc^n such terms
and conditions as may be agreed on by the agents of the general
government and a majority of the directors ot the state bank.
Sec 21. That it shall be lawful for said bank to receive on de*
posite, (except as above prohibited,) moneys, bullion, plate, and
other articles of value of small bulk, on such terms and condi-
tions as may be agreed upon by the parlies.
Sec. 22. No note shall be issued of a less denoniination than
five dollars : and the legislature hereby reserves the right, at any
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time after ten years, to restrict and prohibit the circulation and
issue of any note for less than ten dollars.
Sec 23. There shall be in said bank and branches, an account
created, opened and kept with the commissioners of the sinking
fund, in which they shall be credited with the dividends of pio-
fics accruing to the state on her stock, and all other sums passing
through or accruing in said bank properly belonging to that fund,
which fund shall be under the control and direction of the said
commissioners as herein provided.
Sec 24. It shull not be lawful for the directors of the said
state bunk to locate any other branch or branches of said bank
than is herein authorized.
Sec 25. Tiie cajital stock of said bank may be increased by
individual subscriptions at any one or more branches, by and
*virith the assent and concurrence of the legislature and directors
of the state bank.
Sec 26. The general assembly may at any time appoint an
Mgeat to examine the state and condition of said bank, and each
and every branch thereof, who shall have the same power and
rights as examiners ap|K)inted by the directors of the state bank;
lod when any agent as aforesaid shall find and report, or the go-
vernor of the state shall have reason to believe that the charier
has been violated, it may be lawful for the leorislature to direct,
or the governor to order a scire facias to be sued out of the
Marion circuit court in the name of the slatt?, (which shall be ex-
ecuted upon the president of the state bank for the time being, at