306 BANKS. [ART. 11

in said city, or in a newspaper published in the county in which
the corporation may be located, if not located in said city;
said statements in all cases to be verified by the oath, or
affirmation, of the president or cashier of the corporation.

Art. 5. The issues or notes, usually denominated bank notes,
which it shall be lawful for the corporation to issue, shall not
at any time exceed the amount of its capital stock actually
paid in, and no note shall be issued of a less amount or
denomination than five dollars, nor of any amount intermediate
between five and ten dollars; and the general assembly may at
any time restrict the issue of such notes, both in the amount
which may be issued and in the denomination of the notes.

Art. 6. The president, each director, cashier, and treasurer,
before he enters upon the duties of his office, shall take the fol-
lowing oath or affirmation, as the case may be: I, ————, do
swear or affirm, that I will faithfully, impartially, diligently and
honestly execute the duties of————agreeably to the provisions
of law and the trust imposed in me, to the best of my skill
and judgment.

Art. 7. The total amount of the debts which any of the said
corporations shall at any time owe, exclusive of its issues, or
notes usually denominated bank notes, whether by bond, bill,
note or other contract, shall not exceed the amount of capital
actually paid into the said bank; provided, that the money
deposited in the said bank for safe keeping shall not be con-
sidered as the debts of the bank within the provisions of this
clause; and in cases of excess, the directors under whose
administration it shall happen shall be liable for the same in
their natural and private capacities, and an action may, in
such cases, be brought against them, or any of them, or their
heirs, executors or administrators, in any court of record in
this State, by any creditor or creditors of said corporation, and
may be prosecuted to judgment and execution, any condition,
covenant, or agreement to the contrary notwithstanding; but
nothing herein contained shall be construed to exempt the said
corporation, or the lands, tenements, goods and chattels of the
same from being also liable for and chargeable with the said
excess; and such of the said directors who may have been
absent when the said excess was created, or who may have
dissented from the resolution or act whereby the same was
created, may respectively exonerate themselves from being so
liable by forthwith giving notice of the fact, and of their