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considered as coming under, and may be sued for and recovered from them or their securities, as in cases of courts merchants. [The rest of this repealed by subsequent laws.]

Sit slot respecting Vendre Masters.--Passed Feb. 13, 1797,

Vol. I.

P

572.

Vensiue mas-
Ters fur Louis-

4. Sec. II. There shall be one vendue master for the town of tille, Peiers Augusta ;* one for Louisville, one for St. Marys ;t one for bure, and Li- Washington | in Wilkes; one for Petersburg; and two for Li

berty county; who shall be appointed by concurred resolution of both houses, and in all matters shall conform to the aforesaid act [of 1794] for regulating vendues.

5. Sec. IV. The justices of the inferior court in every other appointed by county, where vendue masters are directed by law to be apthe interior pointed, to appoint such vendue master, take bond and security,

and fill all vacancies which may happen in like manner, as the mayor and aldermen are authorized to do for the city of Savannah.

In other

courts.

[blocks in formation]

Shall be Sivorn and give securi!y.

6. Sec. II. The vendue masters throughout this state shall give bond with good security to the governor for the time being, and to his successors in office, conditioned for the true and faithful performances of the duties required of them by law, and sball take and subscribe an oath truly and faithfully to perform and elischarge all such duties; which bond shall be taken and approved of, and oath administered by the justices of the inferior court, or any two of them, of the county in which such vendue masters may be, under a dedimus potestatem from the executive department. [Sec. I. and III, local.] Act of Dec. 21, 1819. Vol. III.

p.

1073.

Vendre mas.

rys, Darien,

7. Sec. I. It shall not be lawful in future for the corporation of ters in Sax. the city of Savannah to appoint more than six; that of Augusta Aug. St. Ma

more than four; that of St. Marys more than two; that of Daand Milledgt, rien more than two; and that of Milledgeville more than two,

vendue masters for said places. To be ippin 8. Sec. II. After the expiration of the time for which vendue teri by the corporations.

masters may have been appointed by the corporations of the aforesaid places, agreeably to the existing laws in this regard, the following shall be the manner of appointing and licensing

vendue masters therein-that is to say, the respective corporaat what time. tions of said places may annually on the first Monday in Decem

ber, appoint the number of vendue masters allowed to each place How to give by this act, and shall take bond in the sum of five thousand dol

bonds.

+ Ibid.

* See Sec. 7, 8, &c.

This act repealed as to Washington, Vol. II. p. 281 ; and afterwards, by act of 1816, (Vol. III. 988) the power of appointing two vendue masters was given to the town commissioners.

Ş They were authorized to appoint vendue masters annually ; for manner of taking hond and security, see following section. But sce county officers, sec. 18.

is to pa!

ont lict

lars, with two good and sufficient securities for each vendue master so appointed, payable to the governor of the state for the time being, and his successors in office, conditioned for the faithful performance of the duties required of vendue masters in and by an act of the legislature, passed the 8th day of December, 1794, entitled, “ An Act for the better regulation of Vendue Masters within this State," and shall immediately cause such bonds to be forwarded to the treasurer of this state, who upon the receipt thereof, and the payment of one hundred dollars by And orkant each vendue master in Savannah, twenty-five dollars by each in 10 cach Augusta, fifty dollars by each in St. Marys, fifty dollars by each in Darien, and twenty-five dollars by each in Milledgeville for the use of the state, shall issue to each person so appointed, provided he is not in arrears to the state on account of any prior appointment as a vendue master, a license authorizing him to act may seeien as a vendue master in the place for which he may have been ap- rumina pointed for one year, to commence on the first day of January traumr if next ensuing the time of said appointment. [Proviso as to ap- arren. pointments to be made previous to February 1820-temporary.]

9. Sec. III. If any person shall sell or attempt to sell any goods, 500 dollari wares or merchandise, or any other property whatever, as a ven-selling withdue master, or at public auction, in any of the aforesaid places, without having first obtained a license from the treasurer as aforesaid, he shall forfeit and pay for every sale or attempt to sell, the sum of five hundred dollars, to be recovered of him in any court of competent jurisdiction, and to be applied, one half to the use of the state, and the other half to the person giving informa- half to the intion and suing for said fine:* Provided always, that nothing con- frivis, in fa tained in this section shall be construed to extend to sales made by positie lawful officers, under executions issuing from the proper authori- rintratis.dr. ty; or to sales made by or under the authority of executors, administrators or guardians.

10. Sec. IV. Every vendue master in this state shall keep abook, Vorjus mace in which shall be entered every article by him sold at public auc- lcre, a binok tion, and the price at which the same was sold, and shall quarter- maka yearly on the last days of the months of March, June, Septem- turco ber, and December, in every year, cast up the amount of his te druer. sales, and prepare a return thereof, to be made to the treasurer of this state, which return shall be sworn to by him before some judge, justice of the inferior court, or justice of the peace of this state, as containing the true and accurate amount of his sales at auction, of every description whatever, during the quarter or time therein expressed. And if any vendue master shall fail or neglect to make a return, sworn to in the manner above pointed out, to the treasurer within thirty days after the expiration of ile ting i either of the said quarters, or having made the same, shall with- one pri ceni, in that time fail to pay to the treasurer the tax or duty of one per centum on the amount of such return, it shall be the duty of the treasurer, as soon as he thereafter can cause to be publish- be - Jos!!! ed in one of the gazettes of the town or city in which such delin-publisher! in quent may be a vendue master; and in case of no gazette being

Ir be mains none, Or 1.9 untrue relir. or fails to pay

ihe 5. Pile,

And quer. if they may not moreover (in Savannah, Augusta, Sunbury, and St. Marys,) be bound to their good behaviour under the act of 1794, sec. 2 and 3. vol. I. 571.

dolls.

put in suit.

published therein, in the gazette of the nearest town or city

thereto, a notice of such failure to make a return or to pay said and be prohi- duty; and if any such delinquent vendue master shall, after the bited from selling, on

publication of such notice sell, or attempt to sell any goods, wares, and merchandise, or property of any kind whatever at public auction, or as a vendue master, he shall incur a penalty equal to that mentioned in the preceding section, to be recovered of him in the manner and for the purposes therein expressed. (Vid. Sec. 12.)

11. Sec. V. It shall be the duty of the treasurer, and it is hereby made lawful for him when returns are made, as in the prece

ding section directed, and the tax or duty thereon not paid within In such cases the time required, to issue his execution against the vendue masissue for the ter so in default and his securities, for the amount of the tax or duty. duty accruing to the state on his return; and the sheriff in whose hands such execution

may be placed, shall be bound to collect and pay over the same within the time therein required, and in case of failure so to do, to be proceeded against in the manner pointed out by law for failing to collect and pay over the amount

of any executions against a tax collector;* and in case no return Bond to be shall have been made, the treasurer shall immediately transmit

the bond of any vendue master so delinquent to the attorney or

one of the solicitors general to be put in suit. V. masters 12. Sec. VI. Every vendue master shall, at the time of transto the clerk mitting a return of the amount of his sales, for any quarter, to of the corpo- the treasurer, deliver to the clerk of the corporation of the place plicate of his for which he is a vendue master, a duplicate thereof, which the mend Tir le bas said clerk is hereby required to file in his office; and if any quarmade no sales ter shall expire, during which a vendue master may have made no

sales at auction, it shall be the duty of each vendue master to state that fact on

the same on oath to the treasurer, and on failing so to do, shall oath.

be prohibited from further acting as such in the manner prescribed by the fourth section of this act, for failing to make his return or pay the duty on his sales, and shall incur the same penalties as that therein pointed out for disregarding such pro

hibition, to be recovered and applied as therein directed. V. masters

13. Sec. VII. If any vendue master shall make a fraudulent making frau- return to the treasurer of the amount of his sales for any quartrue returns, ter, or shall return a less amount than that actually sold by him, guilty of per- he shall, upon due conviction thereof, before any court of compejery

tent jurisdiction, be deemed and held guilty of perjury; and his
securities shall moreover be liable for any loss which may accrue
to the state or any individual by reason of such fraudulent or im-
proper return.

Sec. VIII. [Repeals all laws contrary to this.]
Sec. IX. [Temporary.]

shall deliver

quarter, be shall state

* See Tax, sec. 24.

BANKS.

BANK OF AUGUSTA.-1810.

An Act to incorporate the Bank of Augusta-Passed Dec. 6,

1810. Vol. II. 588.

nare.

Whereas Thomas Cumming, president, and John Howard, Richard Tubman, John McKinne, James Gardner, Hugh Nesbit, David Reid, John Moore, John Campbell, John Willson, Anderson Watkins, John Carmichael, and Ferdinand Phinizy, directors of the said bank, have petitioned the legislature, that they the said president and directors, and others the stockholders of the said bank, may be incorporated under the name of “The Bank of Augusta.” And whereas it is deemed expedient that the said company be incorporated under proper restrictions ; therefore,

1. Sec. I. Be it enacted, &c. That the said [persons before Directors and named) with all such persons as are now, or may hereafter be- stockholders

. come stockholders in the said company, be, and they are hereby incorporated and made a body politic, by the name and style of " The President, Directors, and Company of the Bank of Corporate Augusta,” and so shall continue until the first of May, one thousand eight hundred and thirty. And by that name shall be, and are hereby made able and capable in law, to have, purchase, Their powers

and privile receive, possess, enjoy and retain to them and their successors, ges

. lands, rents, tenements, hereditaments, goods, chattels and ef. fects of what kind, nature, or quality soever, and the same to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in courts of record, or any other place whatsoever; and also to make, have, and use a common seal, and the same to break, alter and renew at their pleasure, and also to ordain, establish, and put in execution, such by-laws, ordinances and regulations as shall seem necessary and convenient for the government of the said corporation, not being contrary to the laws or to the constitution of this state or of the United States, or repugnant to the fundamental rules of this corporation; and generally to do and execute all and singular such acts, matters and things which to them it shall or may appertain to do; subject nevertheless to the rules, regulations, restrictions, limitations and provisions hereinafter prescribed and declared.

2. Sec. II. For the well ordering of the affairs of the said cor- Their annual poration, there shall be thirteen directors chosen annually, on the first Monday of December in each year, the first election to be on the first Monday of December 1811, until which time the present board of directors shall continue in office.

3. Sec. III. In all future appointments of directors, the number Qualification of votes to which each stockholder shall be entitled, shall be according to the number of shares held, in the proportions following; that is to say, for one share and not more than two shares, one vote ; for every two shares above two, and not exceeding ten, one vote; for every four shares above ten, and not exceeding thirty, one wote; for every six shares above thirty, and not

elections.

every ten

List of Stock

pose.

exceeding sixty, one vote; for every eight shares above sixty,
and not exceeding one hundred, one vote ; and for
shares above one hundred, one vote ; but no person, corpora-
tion, copartnership or body politic, shall be entitled to more than
thirty votes, and no share or shares shall confer a right of suf-
frage, which shall not have been holden three calendar months
previous to the day of election, and unless it be holden by
the person in whose name it appears, absolutely and bona fide
in his own right, or in that of his wife, and for his or her sole use
and benefit, or as executor or administrator, or guardian, or in
the right and use of some copartnership, corporation or society,
of which he or she may be a member, and not in trust for, or to
the use of any other person; any stockholder being absent, may
authorize, by power of attorney under seal, any other stockholder
to vote for him, her or them.

4. Sec. IV. A fair and correct list of the stockholders shall be houders to be made out at least two weeks before any election of directors, to for what pur- be submitted to the inspection of any stockholder who shall

require to see the same, to the end that public information may be given to the parties concerned of their co-proprietors and stockholders; and to prevent a division of shares, in order to obtain to the person or persons so dividing them, an undue influence,

the managers of elections for directors, shall administer to every Voter's oath. stockholder offering to vote, the following oath : “You, A. B. do

swear (or affirm) that the stock you now represent, is bona fide your property, and that you are a citizen of the United States, and that no other person or persons is or are concerned therein;" and to any person voting by proxy, or for a minor, or in right of,

or in trust for any other person entitled to vote, the following Cathof proxy. oath : “ You, A. B. do swear (or affirm) that the stock of C. D.

whom you now represent, is to the best of your knowledge and belief the property of the said C. D. and that he is a citizen of the United States, and that no other person or persons is or are concerned therein ;” and any stockholder refusing to take such oath or affirmation, shall not be allowed to vote at such election.

5. Sec. V. Those wh shall be duly chosen at any election, how long to

shall be capable of serving as directors by virtue of such choice

until the end or expiration of one day next succeeding the first To choose a Monday of December in each year, and no longer ; and the said presideni.

directors at their first meeting after each election, shall choose one of their number as president, and in case of the death, resignation, or absence from the state, or removal of a director, his place may be filled up by a new choice for the remainder of the

year by the directors. But should it so happen that an election of when to be directors should not be made on the said first Monday of December the by-laws. in any year, or any other day appointed by the stockholders, the

said corporation shall not for that cause be deemed to be dissolv= ed; but it shall be lawful on any other day to hold and make an election of directors, in such manner as may be regulated by the rules and ordinances of the said corporation.

6. Sec. VI. The following rules, limitations, and provisions shall form and be fundamental articles of the constitution of the

sajd corporation. Capital stock. Rule 1st. The capital stock of the bank shall consist of three

Directors

serve.

Elections

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