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 what each vendue master in Savannah, twenty-five dollars by each in amount each 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 receive as a vendue master in the place for which he may have been ap- from the pointed for one year, to commence on the first day of January treasurer if next ensuing the time of said appointment. [Proviso as to ap- arrer. pointments to be made previous to February 1820-temporary.] is to pay. a license nothing is in penaby for 9. Sec. III. If any person shall sell or attempt to sell any goods, 500 dollars wares or merchandise, or any other property whatever, as a ven- selling withdue master, or at public auction, in any of the aforesaid places, out license, 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- Proviso in fa tained in this section shall be construed to extend to sales made by lawful officers, under executions issuing from the proper authority; or to sales made by or under the authority of executors, administrators or guardians. former. our of she estrators&e. riffs, admi ters shall of sales, and Gartery 10 10. Sec. IV. Every vendue master in this state shall keep a book, Verdue masin which shall be entered every article by him sold at public auc- keep a book tion, and the price at which the same was sold, and shall quarter-mak reyearly on the last days of the months of March, June, Septem- tro co och ber, and December, in every year, cast up the amount of his the reasurer. 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 If he makes neglect to make a return, sworn to in the manner above pointed untrue return. out, to the treasurer within thirty days after the expiration of the duty of either of the said quarters, or having made the same, shall with- one per cent, 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- he ne ed in one of the gazettes of the town or city in which such delin- published in quent may be a vendue master; and in case of no gazette being *And quer. if they may not moreover (in Savannah, Augusta, Sunbury, and St. Marys,) be bound to their good behaviour under the art of 1794, sec. 2 and 3. vol. I. 571. none, or or fails to pay the gazete, and be prohi bited from selling, on pain of 500 dolls. execution to duty. 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 duty; and if any such delinquent vendue master shall, after the 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 preceding 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 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. put in suit. V. masters shall deliver ration a du Peturn; within the 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 and if he has 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 the same on oath to the treasurer, and on failing so to do, shall 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 prohibition, to be recovered and applied as therein directed. quarter, he shall state that fact on eath. V. masters dulent or un jury. 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 competent 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 improper return. Sec. VIII. [Repeals all laws contrary to this.] [Temporary.] *See Tax, sec. 24. BANKS. BANK OF AUGUSTA.—1810. An Act to incorporate the Bank of Augusta-Passed Dec. 6, 1810. Vol. II. 588. stockholders ncorporated. name. 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 become 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 receive, possess, enjoy and retain to them and their successors, ges. lands, rents, tenements, hereditaments, goods, chattels and effects 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. and privile elections. 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. of Voters. 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 vote; for every six shares above thirty, and not List of stock made out and pose. exceeding sixty, one vote; for every eight shares above sixty, and not exceeding one hundred, one vote; and for every ten shares above one hundred, one vote; but no person, corporation, copartnership or body politic, shall be entitled to more than thirty votes, and no share or shares shall confer a right of suffrage, 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 holders 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 Oath of 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. Directors serve. 66 5. Sec. V. Those who 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 president. Elections when to be 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 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. regulated by Capital stock. 6. Sec. VI. The following rules, limitations, and provisions shall form and be fundamental articles of the constitution of the said corporation. Rule 1st. The capital stock of the bank shall consist of three hundred thousand dollars, divided into shares of one hundred dollars each, of which fifty thousand dollars shall be reserved State stock. until the first of January 1812, on the original terms, to be then or at any prior time taken by the state, according to the pleasure of the legislature,* whereby the governor, treasurer and comptroller general shall be entitled at each succeeding election, to exercise the right of appointing two of the board of directors. creased. 7. Rule 2d. The capital stock may be increased at any time to The capital the amount of six hundred thousand dollars, whenever a majority may be inof the stockholders shall so determine at any stated or special meeting, by authorizing the directors to receive subscriptions for, or disposing of shares of one hundred dollars each, to any person or persons in such manner as they shall think fit, in which case such new subscribers shall become parties to this association, re- Reservation serving for the state of Georgia, the one-sixth part of such increas- to the state. ed capital, to be subscribed for at the first session of the legislatare, after the capital shall be so increased;† and should the legislature fail to subscribe for part or the whole of the capital so reserved, it shall and may be lawful for the directors of the bank to dispose of that part of the capital so reserved for the state, and not subscribed for as aforesaid, to individuals, upon the same terms as are prescribed for the disposal of the other part of such increased capital: And upon the state subscribing for such increased capital, she shall be entitled to appoint one additional member of the board of direction, in the same proportion, and in the same manner as is prescribed in the fundamental articles of this association. Provided, that if any profit shall be made by Proviso. such disposition, the same shall enure to the use and benefit of all the stockholders previous to the time of every such extension or increase. 8. Rule 3d. None but a stockholder, being a citizen of the state Directors qualificaof Georgia, shall be eligible as a director, and no director of any tons. other bank shall be at the same time a director of this bank; and if any one of the directors, after being elected, shall at any time during the term for which he shall have been chosen, cease to be a stockholder, the remaining directors, or a majority of them, shall at their next meeting, pass an order, declaring him thus ceasing to be a stockholder as aforesaid, to be no longer a director of the said bank, and shall forthwith proceed to fill up by a new election, his place for the remainder of the term for which he shall have been elected. board of di rectors. 9. Rule 4th. The board of directors, for the time being, shall Powers of the have power to elect a cashier, and such other officers and clerks under them, as shall be necessary for executing the business of the company, and to allow them such compensation for their services respectively as they may deem reasonable, and shall be capable of exercising such other powers and authorities, of making, revising, altering, or annulling all such by-laws and regulations for the government of the said company, and that of their officers and affairs, as they or a majority of them shall from time to time think expedient, not inconsistent with law, and to This stock has been taken by the state, see resolution of Dec. 1811. Vol. III. Pam. 198. + And this also. Resolution of Dec. 1817. Vol. III. Pam. 155. |