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precifion on meeting the demands that may be made upon them, Be it enact-
ed, That whenever any perfon or perfons are indebted to the faid bank for monies
borrowed by them, or for bonds, bills or notes, given or endorfed by them, with
an exprefs confent in writing that they may be made negotiable at the faid bank,
and fhall refufe or neglect to make payment at the time the fame become
due, the prefident fhall caufe a demand in writing on the perfon of the faid de-
linquent or delinquents, having confented as aforefaid, or if not to be found, have
the fame left at his laft place of abode; and if the money fo due fhall not be paid
within ten days after fuch demand made, or notice left at his laft place of abode
as aforefaid, it fhall and may be lawful for the prefident, at his election, to write
to the clerk of the general court, or of the county in which the faid delinquent
or delinquents may refide, or did at the time he or they contracted the debt refide
and fend to the faid clerk the bond, bill or note due, with proof of the demand
made as aforefaid, and order the faid clerk to iffue capias ad fatisfaciendum fieri
facias, or attachment by way of execution, on which the debt and cofts may be
levied, by felling the property of the defendant for the fum or fums of money
mentioned in the faid bond, bill or note; and the clerk of the general court, and
the clerks of the feveral county courts, are hereby refpectively required to iffue
fuch execution or executions, which fhall be made returnable to the court whofe
clerk fhall iffue the fame which fhall firft fet after the iffuing thereof, and fhall be
as valid, and as effectual in law, to all intents and purpofes, as if the fame had
iffued on judgment regularly obtained in the ordinary courfe of proceeding in the
faid court, and fuch execution or executions fhall not be liable to be ftaid or de-
layed by any superfedeas, writ of error, appeal, or injunction from the chancellor;
provided always, that before any execution fhall iffue as aforefaid, the prefident of
the bank fhall make an oath, (or affirmation if he fhall be of fuch religious foci-
ety as allowed by this ftate to make affirmation,) afcertaining whether the whole
or what part of the debt due to the bank on the faid bond, bill or note, is due ;
which oath or affirmation fhall be filed in the office of the clerk of the court from
which the execution fhall iffue; and if the defendant fhall difpute the whole, or
any part of the faid debt, on the return of the execution, the court before whom
it is returned fhall and may order an iffue to be joined, and trial to be had the
fame court at which the return is made, and fhall make fuch other proceedings
that juftice may be done in the fpeedieft manner.
XV. And be it enacted, That if any perfon or perfons fhall, within this ftate,
forge or counterfeit any of the notes or checks of the faid bank, or pay or tender
in payment, or in any manner pafs or offer to pafs, fuch forged or counterfeited
notes or checks, knowing the lame to be forged or counterfeited, and fhall there-
of be convicted in any court of law within this ftate, he or they fhall be adjudged
a felon, and fuffer fuch punifhment as fhall be adjudged him by faid court, fo as
the fame fhall not extend to death, or more than feven years fervice.
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CHAP.
XXX.
On refufal,
&c. prefident
may caufe a
demand to be
made, &c.
Penalty on
perfons coun-
terfeiting, &c.
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XVI. And be it enacted, That if any perfon or perfons fhall fteal, or take by
robbery, any of the notes of the faid bank, it fhall be deemed and conftrued to
be felony, of the fame nature and in the fame degree as if the offender had ftolen,
or taken by robbery, any other goods of like value with the money due on fuch
bank note, and fuch offender fhall fuffer fuch punifhment as he fhould or might
have done if he had ftolen, or taken by robbery, other goods of the like value
with the money due on fuch bank note.
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Stealing, &c,
deemed felo-
ny, &c.
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XVII. And be it enacted, That it fhall be the duty of the prefident for the
time being, and he is hereby enjoined and directed, to publifh, in at leaft three of
the public news-papers of this ftate, annually, and for four fucceffive weeks, un-
til the whole payments on each fhare fhall be completed, correct ftatements of
the proportions of ftock received by the faid bank, up to the time of fuch ftate-
ment.
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Statements to
be publifhed,
&c.
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