Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. Whitney]

  • Source Note
  • Historical Introduction
Page [357]
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did act as an officer, servant, agent and trustee of a Bank called “The Kirtland Safety Society Anti-Banking Co.” which said Bank was not then and there incorporated by law. contrary to the Statute in such case made and provided, whereby and by the force of the <​said​> Statute, the has forfeited for said offence the sum of one thousand dollars, and thereby and <​by​> force of said statute an action hath accrued to the who sues as aforesaid to have and demand of and from the for the said State of and for himself the said sum of one thousand dollars, one half for the said State of and the other half for the — And also for that the said , afterwards to wit, on the day and year last aforesaid at aforesaid in the County of aforesaid did act as an officer of a certain other Bank called and denominated “The Kirtland Safety Society Anti Banking Co.” which said last mentioned Bank was not then and there incorporated by law, by then and there assisting in the discounting of paper and lending money for said Bank, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the said has forfeited for said last mentioned offence the further sum of one thousand dollars, and thereby and by force of said Statute an action hath accrued to the who sues as aforesaid to have and demand of and from the said for the said State of and for himself the said last mentioned sum of one thousand dollars, one half for the said State of and the other half of the . And also for that the said afterwards to wit, on the day and year last aforesaid at aforesaid in the County of aforesaid, did act as an officer of a certain other Bank not incorporated by law, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the has forfeited for said last mentioned offence the further sum of one thousand dollars, and thereby and by force of said Statute an action hath accrued to the said who sues as aforesaid to have and demand of and from the for the said State of and for himself said last mentioned sum of one thousand dollars, one half for the said State of and the other half for the . Yet the said though often requested so to do, hath not paid the said several sums of one thousand dollars nor any nor either of them nor any part thereof to the said State of and to the who sues as aforesaid, but has always neglected and refused so to do, which is to the damage of the the sum of one thousand dollars, and therefore he brings this suit &c. Atty. for Pl[ainti]ff.”
Afterwards to wit, at the June term of said Court in the year aforesaid, this cause came on to be heard on a to the declaration of the , and was argued by counsel: On consideration whereof it was adjudged by the Court that the said demurrer be overruled, with costs. Whereupon on motion of the leave was given him to amend, on payment of costs: And it was ordered by the Court that this cause be continued until the next term of said court.
And now at this term of said Court that is to say at the term thereof first aforesaid comes the , and the being three times demanded to come into Court and prosecute his suit, comes not but makes default. It is therefore ordered by the Court that the become ; And that the recover against him, his costs and charges by him in and about the defending of this suit in that behalf expended taxed at seven dollars and fifteen cents: And it is ordered by the Court that the pay the costs and charges by him made in and about the prosecuting of this suit, taxed at three dollars and sixty two cents, and in default thereof, that issue to collect the same.
Prest [p. [357]]
did act as an officer, servant, agent and trustee of a Bank called “The Kirtland Safety Society Anti-Banking Co.” which said Bank was not then and there incorporated by law. contrary to the Statute in such case made and provided, whereby and by the force of the said Statute, the has forfeited for said offence the sum of one thousand dollars, and thereby and by force of said statute an action hath accrued to the who sues as aforesaid to have and demand of and from the for the said State of and for himself the said sum of one thousand dollars, one half for the said State of and the other half for the — And also for that the said , afterwards to wit, on the day and year last aforesaid at aforesaid in the County of aforesaid did act as an officer of a certain other Bank called and denominated “The Kirtland Safety Society Anti Banking Co.” which said last mentioned Bank was not then and there incorporated by law, by then and there assisting in the discounting of paper and lending money for said Bank, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the said has forfeited for said last mentioned offence the further sum of one thousand dollars, and thereby and by force of said Statute an action hath accrued to the who sues as aforesaid to have and demand of and from the said for the said State of and for himself the said last mentioned sum of one thousand dollars, one half for the said State of and the other half of the . And also for that the said afterwards to wit, on the day and year last aforesaid at aforesaid in the County of aforesaid, did act as an officer of a certain other Bank not incorporated by law, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the has forfeited for said last mentioned offence the further sum of one thousand dollars, and thereby and by force of said Statute an action hath accrued to the said who sues as aforesaid to have and demand of and from the for the said State of and for himself said last mentioned sum of one thousand dollars, one half for the said State of and the other half for the . Yet the said though often requested so to do, hath not paid the said several sums of one thousand dollars nor any nor either of them nor any part thereof to the said State of and to the who sues as aforesaid, but has always neglected and refused so to do, which is to the damage of the the sum of one thousand dollars, and therefore he brings this suit &c. Atty. for Plaintiff.”
Afterwards to wit, at the June term of said Court in the year aforesaid, this cause came on to be heard on a to the declaration of the , and was argued by counsel: On consideration whereof it was adjudged by the Court that the said demurrer be overruled, with costs. Whereupon on motion of the leave was given him to amend, on payment of costs: And it was ordered by the Court that this cause be continued until the next term of said court.
And now at this term of said Court that is to say at the term thereof first aforesaid comes the , and the being three times demanded to come into Court and prosecute his suit, comes not but makes default. It is therefore ordered by the Court that the become ; And that the recover against him, his costs and charges by him in and about the defending of this suit in that behalf expended taxed at seven dollars and fifteen cents: And it is ordered by the Court that the pay the costs and charges by him made in and about the prosecuting of this suit, taxed at three dollars and sixty two cents, and in default thereof, that issue to collect the same.
Prest [p. [357]]
Page [357]