Page:United States Statutes at Large Volume 5.djvu/345

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TWENTY-FIFTII CONGRESS. Sess. II. UH212,264. 1838. 309 Srnors 1I. CHAP. CCXII.-adn Act to restrain the circulation of small notes, as a currency, in July 7, 1838. the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the 1838’ ch` 185 United States of America in Congress assembled, That, after the Unlawful ape, tenth day of April next, it shall be unlawful for any individual, com- 10th April heat, pany, or corporation, to issue, pass, or offer to pass, within the District ‘*g“°é &°· '“ of Columbia, any note, check, draft, bank-bill, or any other paper cur- ,,,,:8, gw_' rency, of a less denomination than five dollars, and if any person or than $5;. corporation shall violate the provisions of this section, the person so ,,y‘°l°‘l‘?" ff offending, or, in case of any corporation so offending, the officers of ,,,:,l;iil:g`2,ll~g,,_ any such corporation for the time being, shall be liable to indictment dei-s liable to inby the grand jury of the county within the District where the offence d‘°""°"’· shall have been committed; and the person so offending, or the officers of the corporation so offending, shall, on conviction thereof, be fined in Penalty. a sum not exceeding fifty dollars, at the discretion of the court, for every offence; one half of said fine shall be paid to the prosecutor, the Dislpvsitivn of other half shall be for the use of the county where the offence shall *}*9 “‘°‘ have been committed: Provided, That should the prosecutor offer him- Proviso. self, or be admitted, as a witness for the prosecution, he shall forfeit all claim to any part of the penalty, and the whole shall go to the county, and the court shall give judgment accordingly; and the person so offending, and the officers of any corporation, shall also be liable to pay the amount of any note, bill, check, draft, or other paper, constituting part of such currency, to any holder thereof; with all costs incident to the protest and legal collection thereofQ with fifty per cent. damages for non-payment on demand, to be recovered by action of debt; and in case of judgment for the plaintiff; execution thereon shall be had forthwith ; and it shall be the duty of the district attorney of the District of Columbia to commence prosecutions against all persons and every corporation offending against this section, of which he shall have knowledge or probable information; and, in case of corporations, the prosecution shall be against the president or any director or cashier thereof, for the time being; and it shall be the duty of the grand jurors to present all such offences of which they shall have knowledge or probable information; and, that no member of a grand jury shall be ignorant of his duty in this particular, it shall be the duty of the court having cognizance of all offences against this section to give the same in charge to the grand juries at the commencement of the term after the passage of this act. Sec. 2. And be it further enacted, That from and after the passage U,,l,,w{,,l,,,lle, of this act, it shall be unlawful for any individual, company, or corpo- th? 1¤¤SS¤g¢=,<>f ration, to issue, de novo, or knowingly to pass, or procure to be issued, of *:l°;l,;‘:,;s'0, passed or circulated, within the District aforesaid, any note, check, knjwlnglyté bank-bill, or other paper medium, of the denominatiomaforesaid, evi- MSS, &<>· my dently intended for common circulation, as for and in lieu of small 3;’;;`g';‘°n°” change in gold or silver, or for any other pretence whatever, and which shall be issued and circulated for the first time after the period above limited in this section, under the penalties provided in the foregoing section. Approved, July 7, 1838. "*_— Snrnm II. CHAP. CCLXlV.—-dn Act authorizing the printing of the Madison papers. July 9, 1838. Be it enacted by the Senate and House of Representatives of the _ United States ¢y" America in Congress assembled, That the Joint Com- p£§d'°°" p°' mittee on the Library be authorized to cause the Madison papers to be Aclof gc; 14, printed and published; and that a sum not exceeding five thousand dol- 1837, ¢b· 6-