a less denomina or offer in payment, or in any manner put in circulation, any sue bills &c. of such note, bill, or other evidence of debt, of a denomination tion than $5, afless than five dollars, or of a denomination between five dollars ter 1st Oct. and ten dollars; whether such note, bill, or other evidence of 1839, debt, of either of such denominations, purports to be issued by such bank or corporation, or by any other bank or corporation prohibited from issuing the same under the provisions of this act. torney to sue on Sec. 3. That any such bank or corporation, or person or persons acting as an officer or officers, agent or agents of such bank or corporation violating the provisions of the foregoing sections of this act, shall forfeit and pay fifty dollars for each Penalty. and every bill, note, or other evidence of debt so issued, paid, given or offered in payment, or in any manner put in circulation contrary thereto; to be recovered in the name, and for the use of the county in which such bank or corporation may be situated, to be appropriated to the common school fund in such county; and it shall be the duty of the prosecuting attorney to Prosecuting atprosecute such suit on behalf of such county; and upon judg- behalf of counment rendered against such bank or other corporation, or per-ty. son or persons acting as aforesaid, said attorney shall be entitled to receive a docket fee as in other cases; and upon the con- Bank or other tinuance of the offence by such bank or corporation, and after Corporation may one or more convictions in any court of law as aforesaid, the &c. court of chancery may by injunction restrain such bank or corporation, and its officers from exercising any of its corporate rights, privileges, or franchises, and from collecting or receiving any debts or demands, and from paying out, or in any way transferring or delivering to any person or persons any of the money, property or effects of such bank or corporation, until such court shall further order. be restrained, cery to grant in. Sec. 4. That it shall be the duty of any court of this State, Courts of chan sitting as a court of chancery, upon motion by the prosecuting" attorney of the county, and the production of the necessary evidence that any such bank or ether corporation has before been convicted of a violation of the provisions of this act, to grant the injunction provided for in the third section thereof, and to proceed thereon as in other cases; and it shall further be Further duty of the duty of the prosecuting attorney to institute such proceed- pros. att. ings against such bank or other corporation, upon complaint made, or information filed, as in other cases, and proceed to prosecute the same according to the true intent and meaning of this act, as a part of his official duties. Sec. 5. That the act entitled An act to repeal an act enti- Act repealed. tled an act to prohibit the circulation of small bills, passed March 13th, 1838, be and the same is hereby repealed. This act to take effect and be in force from and after the first day of April next. JAS. J. FARAN, Speaker of the House of Representatives. February 9, 1839. 2-G. L. WILLIAM HAWKINS, No bank incor other Sinte or by U. States shall establish State without consent of the Gen'l Assembly. AN ACT To prohibit the establishment within this State of any branch, office, or agency of the United States Bank of Pennsylvania, or any other bank or corporation incorporated by the laws of any other State, or by the laws of the United States, and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That it shall not be lawful for any bank or body corporate within this State, or any officer or officers, agent or agents of the same, to act or transact any banking business, as a branch, office, or agency, of the Bank of the United States as chartered by the legislature of the commonwealth of Pennsylvania, or any other bank, association, company or corporation, having, or assuming to have, banking privileges, incorporated by the laws of any other State, or by the laws of the United States. Sec. 2. That it shall not be lawful for any bank, or other porated by any association or company incorporated by the laws of any other State, or by the laws of the United States, having or assuming to have banking privileges, to erect, establish, or constitute agency in this within this State any branch, office or agency of such bank or other corporation, without the consent of the General Assembly of the State previously obtained; and any person or persons who shall act as an officer or officers, agent or agents of such bank or other corporation, or shall in any wise assist in erecting, establishing or constituting any such branch, office or agency, shall be deemed guilty of a violation of the provisions of the third section of this act, and be subject to the penalties hereinafter provided. Persons prohibi as agent &c. for No person, or Sec. 3. That it shall not be lawful for any person or persons ted from acting within this State to act as an agent or agents for the bank of bank U. States, the United States as incorporated by the legislature of the commonwealth of Pennsylvania, or for any other bank or corcorporation, or poration having, or assuming to have, banking privileges, Association of incorporated by the laws of any other State, or by the laws of individuals in the United States, or of any individual or association of indiact as agent for viduals out of this State, who may be engaged in the business bank U. States. of banking, in issuing or in any wise putting in circulation any this State, shall Proviso. notes, bonds, bills, checks, or orders, payable to order and endorsed in blank, or payable to bearer, and intended to circulate by delivery, or in using any other shift or device whereby the notes, bonds, bills, checks, or orders issued or purporting to be issued by such bank or other corporation or by any such individual or association of indviduals, shall be put in circulation contrary to the true intent and meaning of this act: Provided, Nothing in this section shall be so construed as to prevent any attorney at law or other persons from acting as the agent of any such bank or other corporatioa in collecting any debt due or demand from any citizen of this State; neither shall it be taken as prohibiting any person or persons from taking, receiving, or offering in payment any notes or bills of any bank authorized to issue the same, not incorporated by the laws of this State, subject to the provisions of the act entitled an act to prohibit the circulation of foreign bank bills of a less denomination than five dollars, passed January 31, 1831. lating first sec. Sec. 4. That if any bank or body corporate, created by the Penalty for violaws of this State, shall violate the provisions contained in the tion of this act. first section of this act, every such bank or body corporate so offending shall forfeit and pay two thousand dollars, to be recovered with costs of suit, in an action of debt upon this act, in the name and for the use of the State of Ohio, which action shall be prosecuted in any court of record in the county in which such bank or body corporate may be situated, by the prosecuting attorney of said county; and upon a continuance of the offence, and a second prosecution and judgment thereon, the charter of such bank or other corporation shall from thenceforth be considered forfeited for every purpose for which it was granted, except so far as may be necessary to enable such bank or other corporation to close its business and settle its concerns. and third sec. How recovered. Sec. 5. That any person or persons who shall violate any Penalty for vio provision of the second and third sections of this act, shall lating second forfeit and pay one thousand dollars each for every such offence, tions of this act. to be recovered with costs of suit in an action of debt upon this act; and a continuance of said offence after prosecution and conviction therefor, shall be deemed a new violation of this act, and subject to the same penalties as are hereinbefore provided for, which suits may be prosecuted and recovery had in the name of the State of Ohio in any court of record in the county in which such offence may have been committed, by any citizen of said county, or by indictment or presentment of the grand jury; and when such action is brought by any citizen of said county, such citizen shall be entitled to one half of such forfeit, and the residue thereof shall be paid into the county treasury, for the use of the funds of said county; but when the same is recovered by indictment or presentment, the whole shall be for the use of the State. Sec. 6. That the act entitled an act to repeal an act entitled Act repealed. an act to prohibit the establishment within this State of any branch, office or agency of the bank of the United States, as recently chartered by the legislature of the commonwealth of Pennsylvania, passed March 14, 1836, which act was passed January 26, 1838, be and the same is hereby repealed. This act to take effect and be in force from and after its passage. JAS. J. FARAN, Speaker of the House of Representatives. Speaker of the Senate. February 9, 1839. Times of hold. court. AN ACT To regulate the time of holding the Judicial Courts. Sec. 1. Be it enacted by the General Assembly of the State Ing the supreme of Ohio, That the Supreme Court shall be holden in the several counties at the times hereinafter mentioned, to wit: In the county of Pike on the eighteenth day of March; in the county of Jackson on the twenty first day of March; in the county of Gallia on the twenty-third day of March; in the county of Lawrence on the twenty-fifth day of March; in the county of Scioto on the twenty-sixth day of March; in the county of Adams on the twenty-ninth day of March; in the county of Brown on the first day of April; in the county of Clermont on the fourth day of April; in the county of Hamilton on the eighth day of April; in the county of Butler on the sixth day May; in the county of Warren on the ninth day of May; in the county of Clinton on the thirteenth day of May; in the county of Highland on the fifteenth day of May; in the county of Fayette on the seventeenth day of May; in the county of Madison on the twentieth day of May; in the county of Clark on the twenty-second day of May; in the county of Green on the twenty-fourth day of May; in the county of Montgomery on the twenty-ninth day of May; in the county of Preble on the third day of June; in the county of Darke on the fifth day of June; in the county of Miami on the seventh day of June; in the county of Mercer on the tenth day of June; in the county of Allen on the twelfth day of June; in the county of Shelby on the fourteenth day of June; in the county of Logan on the seventeenth day of June; in the county of Hardin on the nineteenth day of June; in the county of Champaign on the twenty-first day of June; in the county of Union on the twenty-sixth day of June; in the county of Delaware on the twenty-seventh day of June; in the county of Marion on the first day of July; in the county of Crawford on the fourth day of July; in the county of Seneca on the sixth day of July; in the county of Hancock on the eleventh day of July; in the county of Putnam on the twelfth day of July; in the county of Vanwert on the thirteenth day of July; in the county of Williams on the fifteenth day of July; in the county of Henry on the seventeenth day of July; in the county of Wood on the eighteenth of July; in the county of Lucas on the twenty-second day of July; in the county of Sandusky on the twenty-fifth day of July; in the county of Erie on the twenty-seventh day of July; in the county of Huron on the twenty-ninth of July; in the county of Lorain on the third day of August; in the county of Cuyahoga on the seventh day of August; in the county of Geauga on the fourteenth day of Angust; in the county of Ashtabula on the twenty-first day of August; in the county of Trumbull on the twenty-seventh day of August; in the county of Portage on the thirty-first day of August; in the county of 1 Medina on the sixth day of September; in the county of said county. Time of holding Sec. 2. The courts of common pleas shall be held in the 1st circuit. first circuit as follows: In the county of Preble, on the fourth day of March, the twentieth day of May, and the second day of September; in the county of Montgomery, on the eighteenth day of March, the seventeenth day of June, and the sixteenth day of September; in the county of Miami, on the eighth day of April, the twenty-second day of July, and the seventh day of October; in the county of Darke, on the twenty-second day of April, the fifth day of August, and the twenty-first day of October; in the county of Mercer, on the twenty-ninth day of April, the twelfth day of August, and the twenty-eighth day of October; in the county of Shelby, on the sixth day of May, the nineteenth day of August, and the fourth day of November. Sec. 3. That the courts of common pleas in the second 24 circuit. circuit shall be held as follows: In the county of Seneca, on Time of holding the eleventh day of February, the sixth day of May, and the sixteenth day of September; in the county of Sandusky, on the eighteenth day of February, the thirteenth day of May, and the thirtieth of September; in the county of Huron, on the court therein. |