288
AMERICAN HISTORICAL ASSOCIATION.
contract of such bank, whether· as the drawer or endorser thereof, or as a witness or payee thereof, shall be deemed and ·taken as an officer of such bank and shall be liable to all the penalties and for- feitures within the meaning of this act.- • Sec. 4. Be it further enacted, That if any person or persons shall receive and offer in payment, the bond, bill, note, or contract of any such bank, knowing the same to be unincorporated, payable to bearer or to order and endorsed in blank, he she or they shall for each and every such offence, forfeit and pay four times the amount of such, bond, bill, no~e or contract: and if any persons or persons shall receive and pass or circulate or in any way give cur- rency to the bond, bill, note or contract, of any such bank, by de- livery without first endorsing the same, knowing such bank to be unincorporated, he, she or they, so offending, shall forfeit and pay six times the amount of such bond, bill, note or contract, together with the costs of suit where an action is brought for the recovery of such forfeihires. Sec. 5. Be it further enacted, That all fines and forfeitures -im- posed by this act, may be recovered by action of debt or by indict- ment, or presentment of the grand jury, and shall go one half thereof to the informer, where the action is brought, and the other half in aid of the public revenue of this Territory; but where the same is recovered by indictment or preseu.tment, the whole shall be to the use of the Territory.- Sec. 6. Be it further enacted, That in every such indictment or presentment it shall be sufficient to state in substance that the de- fendant on the day of at acted as an officer of a bank not incorporated by law; or that the defendant on the day of at paid (or offered in payment, as the case may be) the bond, bill, note or contract of a bank not incorporated by law, for the sum of dollars, without being required to set forth the special matter; and in every suit brought under this act, it shall be sufficient to set forth in substance the matter aforesaid, without setting forth the special matter.- Sec. 7. Be it further enacted, That it shall be the duty of the presiding judge of any court or courts holden in any of the counties of this Territory, to give this act in charge to the grand jury, at every session, so long as the said act shall be and remain in force. Sec. 8. Be it further enacted, That all bonds, bills, notes or ·con- tmcts, hereafter executed, which shall be made negociable or payable at such bank, shall be and the same are hereby declared null and void; and all bonds, bills, notes or contracts given to such bank or discounted by such bank, or given to any other person or persons, for the use or benefit of such bank, either express~d or understood or for the purposes of being discounted at such bank or of obtaining money
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