| CHARLES GOLDSBOROUGH, ESQUIRE, GOVERNOR.
of any body politic or corporate, shall be duly convicted of
violating the provisions contained in this section, such person or
persons, officer or officers, shall forfeit and pay sum of money
double the amount of the gold or silver so bought or sold; Provided,
that nothing herein contained shall be construed to prohibit the importer
of any gold or silver from selling or disposing of the same
in any manner, or to any persons, such importer shall deem proper,
or to prevent any person or persons from buying gold or silver
coin, unless the same be with an intention to sell the same at a
premium. |
1818.
CHAP. 1919.
Proviso. |
4. AND BE IT ENACTED, That it shall not be
lawful for any of
the banks of this state, nor for any of the officers thereof, either
directly or indirectly, to sell or dispose of any gold or silver coined,
for a price or sum more than the standard value thereof, and any
bank, or any officer thereof, so offending, shall forfeit and pay a
sum of money equal to double the amount of the gold or silver so
sold or disposed of. |
Banks not to dispose
of any gold or
silver coined for a
price more than
the standard value
thereof. |
5. AND BE IT ENACTED, That it shall not be
lawful for any
person or persons, bodies politic or corporate, to ask, demand or
receive, from any of the several incorporated banks of this state,
any gold or silver, with the intent or design to make sale thereof,
or to obtain a premium therefor; and any person or persons, or officer
or officers of any body politic or corporate, who shall be duly
convicted of receiving from any of the banks of this state, any gold
or silver contrary to the provisions of this section, such person or
persons, officer or officers, shall forfeit and pay a sum of money
equal to double the amount of the gold or silver so received as
aforesaid. |
Penalty on persons
receiving from any
bank any gold or
silver with intent
to sell the same, or
to obtain a premium
therefor. |
6. AND BE IT ENACTED, That the courts of law
in this state,
in the construction of this act, shall consider the same as remedial,
and shall give such a construction thereto, as shall be calculated to
restrain any evasion by any subtlety or device whatsoever of any of
the provisions thereof. |
Courts in the construction
of this
act to consider the
same as remedial
&c. |
7. AND BE IT ENACTED, That it shall and may
be lawful for
the courts of law in this state, in the trial of any case under this
act, to enforce and compel any person who may be a party in any
of the transactions prohibited by this act, to give evidence in all
and every thing relating thereto; but no evidence to be given by
any person shall be used against him in any trial for the like offence. |
In the trial of any
case under this act,
court to compel
persons to give evidence. |
8. AND BE IT ENACTED, That all forfeitures
or penalties arising
or accruing under this act shall be recovered by action of debt in
the name of this state and the informer, or by bill of indictment in
the name of this state, in the court of the county having cognizance
thereof, and one half of the forfeiture or penalty so recovered shall
go to the informer, and the other to the state. |
Forfeitures, how to
be recovered. |
9. AND BE IT ENACTED, That if any person duly
convicted of
any offence under and in virtue of this act, shall not pay the forfeiture
or penalty recovered against him on such conviction, such
person shall be committed to the gaol of the county, in which such
conviction shall be had; and if he shall not within twenty days
after such commitment pay the said forfeiture or penalty, then it
shall and may be lawful for the court wherein the said conviction
shall be had, to sentence such person to undergo a confinement in |
Persons convicted
and not paying forfeiture
to be committed
to gaol. |
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