Act of February 24-November 15, 1816-August 31, 1817. R. C. ch. 208. cution against any defendant to such suit, for the recovery of any penalty or the infliction of any punishment prescribed by this act. 6. § 3. All notes, drafts, bills or other securities, for the payment of money or other valuable thing, discounted contrary to the provisions of this act, by or on behalf, or for the use or benefit, of any such company or association, or any agent thereof, whether the same be payable or endorsed to such company or association, or any agent thereof, or any other person or persons, upon a secret or avowed trust for such company or association, or endorsed in blank, and all contracts, bonds, bills, drafts, notes, deeds and other securities for any debt or debts, that may be contracted, by any dealing or trading whatever contrary to the true intent and meaning of this act, to any such company or association, or any agent or agents, person or persons, bodies politic or corporate, upon any secret or avowed trust for such company or association, and all contracts, bonds, bills, notes, drafts, deeds or other securities, that may be made, entered into, or executed, to secure, reimburse, or indemnify any person or persons, body politic or corporate, for any payment or responsibility that may be made or incurred by any such person or persons, body politic or corporate, for any debt or debts, contract or contracts, that may have become due or owing by reason of any dealing or trading whatever, contrary to the true intent and meaning of this act, shall be and the same are hereby declared to be utterly null and void, to all intents and purposes; and no person or persons shall, to any purpose, be charged by any such contract, bond, bill, draft, note, deed, or other security. And any person who may pay any sum of money, or other valuable thing, on account of any such contract, bond, bill, draft, note, deed or other security, his, her, or their executors, or administrators, shall be entitled to recover, by action for money had and received, commenced at any time within twelve months after such payment, the amount of any such payment or payments, or the value of such thing, from the person or persons, or either of them, or their or either of their representatives, to whom or to whose use such payment may have been made. And, if any executor, administrator, guardian, or committee of any idiot or lunatic shall refuse, decline or fail, to protect the estate he may represent, from liability on account of such contract, bond, bill, draft, note, deed or other security, such executor, administrator, guardian or committee, shall not be entitled to any credit whatsoever, in his or her account with the estate or person he may represent, for any sum or sums of money or other property, that may be applied, disbursed, or used in payment, discharge or satisfaction, in whole, or in part, of any such contract, bond, bill, draft, note, deed or other security. 7. § 4. Every person who, after the commencement of this act, may sign, countersign or endorse, as president, manager or cashier, or by any other name or designation, or without designation, any note, bill, draft or other security, for the payment of money or other valuable thing, purporting to promise, order or request, or otherwise stipulate, the payment of money or other valuable thing, or that money or other valuable thing is payable by or on behalf of any such company or association, or any person or persons as agent or agents of any such company or association, shall be liable on motion, (on ten days previous notice,) against them, or either, or any of them, before any court of record, where they, or either, or any of them may reside or be found, to judgment in favour of the commonwealth for three-fold the amount of any such note or notes, bill or bills, draft or drafts, or other security for the payment of money or other valuable thing, that may be designated in such notice, and offered in proof on such motion. 8. § 6. If any company or association, or any agent or officer thereof, shall, contrary to the first section of this act, pay out, deliver, put in circulation, or Act of February 24-November 15, 1816—August 31, 1817. R. C. ch. 208. issue any such note, bill, draft, or other security, for the payment of money or other valuable thing, as is hereby prohibited from being paid out, delivered, put in circulation, or issued, the holder or owner thereof shall be entitled to obtain a judgment for the amount of any such note or notes, bill or bills, draft or drafts, or other security, for the payment of money or other valuable thing, and fifteen per cent. damages thereon, against all or any member or members of such company or association, being a member or members of such company or association at the time such note, bill, draft or other security was put into circulation, issued, paid out or delivered, or at any time subsequent thereto, by motion, on ten days previous notice thereof, before any court of record within this commonwealth, where the person or persons, against whom the motion may be made, may reside or be found. 9. § 7. Every such company or association, and every person or trustee, on its behalf, or for its benefit, is hereby declared incapable of maintaining any suit in any court in this commonwealth, for any debt or claim of, or appertaining to such company or association, that may be contracted by, or originate from any dealing or trading contrary to the provisions of this act; and every suit, for any such debt or claim, in which it shall, in any stage thereof, be made appear to be, in whole or in part, for the benefit of such company or association, shall be dismissed with costs. 10. § 8. In every suit, and on every presentment, information or indictment for the recovery of any fine, forfeiture or penalty imposed by this act, it shall be sufficient to state generally the claim or offence; and no exception for want of form shall be taken, whereby to prevent, stay or arrest any judgment in such suit, indictment or information. 11. § 9. The judges of the superior courts of law, and the presiding justices of the several inferior courts of law in this commonwealth, shall constantly give this act in charge to the grand juries of their respective courts. Act of February 22-December 1, 1820, ch. 8. 12. § 1. It shall not be lawful for any person or persons, with the intention to create, or put into circulation, a paper circulating medium, to ISSUE, circulate, or, directly or indirectly, cause to be issued, or put into circulation, any note, bill, check or ticket, purporting or evidencing, or intended to purport or evidence, that any sum less than five dollars will be paid to any person receiving or holding such note, bill, check or ticket, or that it will be received in payment of any debts or dues. And any person or persons who shall, contrary to the true intent and meaning of this act, directly or indirectly, issue, circulate, or cause to be issued or put into circulation, or who shall sign, countersign or endorse any note, bill, check or ticket, as aforesaid, with intent as aforesaid, shall be held and taken, and he, she or they are hereby declared to be guilty of a misdemeanour, and, upon conviction thereof, on indictment, information or presentment, shall be fined in a sum not less than one hundred, nor more than three hundred dollars, and imprisoned for a term of not less than one nor more than twelve months, at the discretion of a jury: Provided, That nothing herein contained shall be construed to prevent any individual from giving his or her bond or note, in consideration of any contract, or for any sum which may be bona fide due to the person receiving the same, or from drawing a check or draft for any sum actually due to the drawer. 13. 2. It shall not be lawful for any body politic or corporate within this commonwealth, to make or cause to be made, any bond, note, bill, draft, acceptance, check, ticket or token, purporting or evidencing that such body politic or corporate, or that any officer or agent thereof, owes or will pay, or re Act of February 22-December 1, 1820, ch. 8. quires any other person, body politic or corporate, to pay any sum of money less than five dollars: and if any member, officer or agent of any body politic or corporate, shall make, or cause to be made, or shall aid or assist in making, or causing to be made, or shall sign, countersign or endorse any such bond, note, bill, draft, acceptance, check, ticket or token, he shall forfeit and pay for every such offence, a fine not less than fifty nor more than one hundred dollars; and the holder of any such bond, note, bill, draft, acceptance, check, ticket or token, may recover thereupon from the body politic or corporate making the same, or causing it to be made, or from any member, officer or agent of a body politic or corporate, who shall have made, or caused to be made, or aided or assisted in making, or signed, countersigned or endorsed the same, the full sum of twenty dollars, with costs, either by warrant, before a justice of the peace, or by motion, on ten days previous notice, before any court of record, having jurisdiction thereof: Provided, however, That nothing herein contained shall be construed to prevent any body politic or corporate, or the officers or agents thereof, from making any draft or check, and using it for the purpose only of drawing money actually due to them. Feb. 24, 1816, c. 208, R. C. ed. 1819. 14. § 3. It shall not be lawful for any person or persons, with the intention to issue, circulate or offer in payment, to bring into this commonwealth any note, bill, check or ticket, purporting or evidencing, or intended to purport or evidence, that any sum less than one dollar is due thereon, or that the said note, bill, check or ticket will be received for any taxes, debts or dues, or is payable at any place, or to any person within or without this commonwealth. And any person or persons who shall, contrary to the true intent and meaning of this act, bring into this commonwealth, any note, bill, check or ticket, as aforesaid, and who shall, directly or indirectly, issue, circulate, or offer the same in payment, shall be guilty of a misdemeanour; and, upon conviction thereof, on indictment, information or presentment, be fined in a sum not less than ten, nor more than one hundred dollars, and imprisoned for a term not exceeding one month, at the discretion of a jury. Such offender may at any time be apprehended by warrant of any justice of the peace, and bound to appear at the next county court, where he or she may be compelled to enter into a recognizance, with security, conditioned for his or her good behaviour, during twelve months, and more particularly, not to violate this act; and if he or she afterwards offend in like manner, it shall be deemed a breach of the recognizance: Provided, however, That nothing in this section shall be construed to extend to travellers or sojourners in this commonwealth, who, without intent to violate the provisions of this act, shall pay, or offer in payment, any such bill, note, check or ticket. 4. Repealed. March 3, 1821, c. 36, $2, and $ 5, No. 15, in lieu thereof. Act of March 3-December 1, 1821, ch. 36. 15. § 1. It shall not be lawful for any person or persons, body politic or corporate, to PASS IN PAYMENT, or otherwise, for valuable consideration, or in any manner, directly or indirectly, to circulate, or cause to be circulated, any bond, note, bill, draft, check, ticket or token, whereof the whole or any part shall be engraved or printed, purporting or evidencing that any sum of money less than five dollars, is due, or will be paid, or is required to be paid, to any person or persons, body politic or corporate, or to the bearer or holder, whensoever, wheresoever, or by whomsoever, such bond, note, bill, draft, check, ticket or token shall have been made: and if any person shall offend herein, he shall forfeit and pay to the commonwealth, for the benefit of the Act of March 3-December 1, 1821, ch. 36. literary fund, the sum of ten dollars for every offence, to be recovered with costs, by information, indictment or presentment, in any court of record within this commonwealth having jurisdiction thereof: Provided, however, That this act shall not be construed to extend to any person not being a resident of this state, who may be travelling or sojourning within its limits, or to any person who shall transfer any such bond, note, bill, draft, check, ticket or token, by written assignment thereupon, with his own name thereunto subscribed, or to any person who shall make any draft or check for the purpose only of drawing money actually due to him. Act of April 3, 1838. 16. 1. If any savings society or institution, whether incorporated by the laws of this commonwealth or not, shall, after the first day of May next, issue any certificate of deposite, note or bill, whether printed or otherwise, for a less sum than five dollars, every such society or institution, if incorporated, shall thereby forfeit its charter; and if not incorporated, shall forfeit and pay, for every offence, the sum of five hundred dollars, to be recovered by action of debt in any court of record, one half to the use of the commonwealth, and the other half to the informer; and whether incorporated or not, every such society, by whatever name styled, shall forfeit all right to sue, and be disabled from maintaining any action whatever, at law or in equity; and the forfeiture or disability thereby incurred, may be proved under the plea of the general issue, or payment, in any suit instituted by such institution or society, and shall be a bar to any recovery in such suit. 66 17. § 2. If any such savings institution or society shall heretofore have issued any note, bill, or certificate of deposite, contrary to the provisions of the acts to amend an act more effectually to prevent the circulation of notes emitted by unchartered banks," and "an act to amend and explain the same," passed the third of March, eighteen hundred and twenty-one, and shall within three months from the passage of this act, withdraw from circulation all such notes or bills, every such institution or society shall be relieved from the penalties of the acts aforesaid. 18. 3. From and after the first day of July next, (1838,) it shall not be lawful for any bank, or the officer of any bank, incorporated by the laws of this state, to pay any check or draft, whether now in existence, or which shall be hereafter made, for the payment of any sum less than five dollars, unless such check be wholly written, and not printed or engraved. And if any bank, or any officer thereof, shall, after the period aforesaid, pay any check or draft, of which the whole or any part shall be printed or engraved, for a less sum than five dollars, the bank or banking company, or the officer thereof so offending, shall, for every such offence, forfeit and pay the sum of one hundred dollars, to be recovered by action of debt in any court of record having jurisdiction of the case, by any person who will sue for the same, or by the commonwealth, for the use of the literary fund. 19. § 4. If any person or corporation, from and after the passage of this act, shall emit any note, bill, draft, order, certificate of deposite, check or other token, and if such person or corporation, after the first day of May next, (1838,) shall pass any such note, bill, draft, certificate of deposite, check or other token, of which the whole or any part shall be printed or engraved, and whereby a less sum than five dollars shall be required to be paid, either in current money or in notes, or in any other manner whatever, or shall tender in payment of any debt, for any goods, chattels or property, purchased or agreed to be purchased, or in any other manner whatever shall offer to pass or circu Act of April 3, 1838. late any such check, draft or order, as in this and the preceding section described and prohibited, and whether the same shall have been made or issued before or after the passage of this act, or any such certificate of deposite, note or bill, of any savings society or institution as is described and prohibited in the first section of this act, whether the same shall have been made or issued before or after the passage of this act, every person so offending shall forfeit and pay three times the amount specified in such certificate of deposite, bill, note, order, draft or check, to the holder thereof, to be recovered by warrant before any justice of the peace of the town or county in which the drawer or maker of the same shall reside, or of any adjoining county, and the constables of such adjoining counties shall have power to serve warrants for the purposes aforesaid, out of their respective counties and districts, any law to the contrary notwithstanding. And such person so emitting or passing as aforesaid, if a tavern keeper or merchant, shall moreover forfeit his license, and be incapable of taking out another for the space of one year; provided such forfeiture shall not be incurred for any act of emitting or passing as aforesaid before the first day of June next, (1838.) 20. 5. It shall be the duty of the attorneys for the commonwealth in the circuit superior courts of law and chancery, to institute actions of debt for all penalties imposed by this act, or the act to amend "an act more effectually to prevent the circulation of notes emitted by unchartered banks," and the "act to amend and explain the same," passed the third of March, eighteen hundred and twenty-one, against all and every person or persons whatsoever, whom they may be informed, or have reason to believe guilty of violating any of the provisions thereof; and it shall be the duty of every commissioner of the revenue, sheriff or constable, to give to the said attorneys information of all violations of the said acts, and the names of the offenders, so far as such commissioners, sheriffs or constables may have been informed, or have reason to believe. Every such suit may be instituted to the next term of the court having jurisdiction thereof, shall be docketed without any rules having been taken therein, and shall be tried at the same term, provided the process shall have been served ten days previously. No exception shall be taken to the declaration, provided the same shall plainly and in substance state the cause of action so as to apprize the defendant of the act or fact with which he is charged; and no plea shall be admitted except the general issue, under which the defendant may make any defence which might otherwise have been specially pleaded; and if said plea shall be entered, a jury shall be sworn to enquire of the debt or penalty demanded; and in either case, if there be a verdict for the commonwealth, a fee of twenty dollars shall be taxed for the attorney. And in all prosecutions under this or the before recited acts, if judgment be rendered for the defendant, the commonwealth may obtain a writ of error, appeal or supersedeas, as in civil cases: Provided, That nothing herein contained shall be construed as to repeal the acts before recited, in respect to any offence committed or penalty incurred before the passage of this act, or to prevent the recovery of any penalty which has been heretofore or may be hereafter incurred under or by virtue of the said acts, in the mode therein prescribed. 21. 7: This act shall be given in charge to the grand juries of the circuit and county courts, and all penalties herein imposed shall be likewise recoverable by indictment or information, as in cases of misdemeanour. Act of February 23, 1816-July 1, 1817. R. C. ch. 211. 22. § 1. If any bank within this commonwealth shall fail or refuse to pay in specie any note, bill or check, justly due from such bank, when the same |