The Papers of Mirabeau Buonaparte Lamar, Volume II

TEXAS STATE LIBRARY

18

effect, as upon any private person or persons, if issued by him, her or them, in his, or the private natural capacity or capacities, and ,. shall be assignable an:d negotiable in like manner as if they were so issued by such private person or person~, that is to say, those which are or shall be payable to any person or persons, his, her or their order, shall be assignable by indorsemcnt, in like manner and with the like effect as foreign bills of exchange now are; and those which are or shall be payable to bearer, shall be negotiable and assignable by delivery only: Provided, that all bills or notes issued by said bank, shall be payable on demand in specie at the principal bank. SECTION 7. Be it further enacted, that no director, officer, clerk, or servant of the said corporation, shall be concerned, either directly or indirectly, in the practice of advancing or loaning out moneys, at an illegal rate of interest, whether the same be done and effected under the form -0f a purchase or exchange of notes, accept- ances, .due-bills, checks on banks, acknowledgments, or in any other way or manner whatsoever; and every such director, officer, clerk or servant of this bank, who shall be concerned as aforesaid, in any such practices, shall, in addition to the usual penalties imposed by law, forfeit and pay for each offence, the sum of two thousand dollars, to be recovered by action of debt in any court of record in this republic, one half to the use of the informer, and the other half to the uses of the republic; and to be levied of the goods and chattels, and houses, lands, tenements, and other hereditaments, and real estates of the person or persons so offending, if any, he or they shall have. :ECTION 8. Be it further. enacted, that it shall be the duty of the President and Directors to furnish to the Secretary of the Treas- ury at least four weeks before the commencement. of every session of Congress, statements of the amount of capital stock of said cor- poration, and of the debts due to the same; of the moneys depsited therein, of the notes in circulation, and of the cash on hand, together with all other property of said Bank, both real and personal ; and it shall be the duty of the Secretary of the Treasury to report the same in his annual communication to Congress. And Congress shall have a right to inspect such accounts in the books of the Bank as shall relate t-0 the said statement; and shall whenever it may be deemed necessary, appoint a joint committee of · both Houses of Congress for that purpose, with full power to send for persons and papers. And it shall also be the duty of the Secretary of the Treasury to inspect such general accounts in the books of the Bank as often as he may please; and it shall and is hereby declared to be his duty faith- fully to report all and every violation of the fmidamental rules of this corporation to Congress: Provided howeve,r, That nothing in this clause shall imply a right of inspecting the account of any private individual or individuals, or any body politic or corporate with tho Bank. SECTION 9. Be it further enacted, That the bills or notes of the said corporation originally made payable, or which shall have become payable, on demand in gold or .silver coin, shall be received at the Treasury of this Republic, and by all tax collecto:r:s and other

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