all that is on one side to be performed, 2. A defendant cannot both charge and
tended to relieve the suspended banks
from the liabilities they had incurred,
under their charters, on account of
their failure to redeem their liabilities
in gold and silver, cured that failure
so as to affect the rights of the parties
in the sale of stock.-ib.
31
3. A Bank is liable, upon bills of ex-
change, checks, and drafts, drawn and
endorsed by its cashier, in the ordi.
nary discharge of his duty as cashier,
notwithstanding the clause in the
charter requiring the signature of the
president and counter-signature of the
cashier to any contract or engagement
whatever before the funds of the bank
should be liable therefor.-Merchants'
Bank vs. Central Bank,
1. The setting apart of bank bilis, as a
pledge or security by a banking com-
pany is not an issuing of such bills as
currency.-Collins vs. Central Bank,
1. By the thirteenth section of the char-
ter of the Western Bank of Georgia,
it is declared: "The said corporation
shall not at any time suspend or re-
fuse payment in gold or silver of any
of its notes, bills, or obligations; and
if the said corporation shall at any
time refuse or neglect to pay on de-
mand any bill, note, or obligation,
issued by the corporation, according
to the contract, promise, or under-
taking, the charter hereby granted
shall be forfeited," &c. And by the
twentieth section of the charter, it is
provided, that "all transfers of stock
in said bank shall be wholly void, if
made within six months previous to
the failure of said bank," &c. A re-
fusal, therefore, of the bank to redeem
its notes, bills, obligations, &c., was
such a failure in the contemplation of
the charter, as to make void all trans-
fers of stock made within six months
previous to such refusal, and to ren-
der the stockholders, so transferring,
liable for the debts of the institution,
notwithstanding such transfer.
was not necessary that the insolvency
of the bank should have been judi-2.
cially ascertained, to establish the fact
of a failure, within the meaning and
intention of the Legislature.-Lump-
kin et al. vs. Jones,
2. Though the temporary suspension of
specie payments in the year 1838 was
in the meaning of the charter a
failure of the bank, yet a subsequent
resumption, in pursuance of the act of
1. The giving of bond and security upon
the carrying up of cases to the Su-
preme Court, is optional not compul
sory.-Doe ex dem. Truluck et al. vs.
Peeples et al.
3. Where no bond has been given or
affidavit filed, the opposite party is at
liberty to proceed to enforce his rights,
in the court below, by execution or
otherwise. ib.
18th December, 1840, which was in-4. In a suit upon a Guardian's or Ad-
1. A certificate setting forth that the
holder had on deposit in the Monroe
Railroad and Banking Co. $300 of its
notes, which would be paid to his or-
der thereon, with 8 per cent. interest
per annum, is not of equal dignity or
priority, under the charter, with the
bills of the bank in the claim of money
raised by the sale of the railroad.—
Bullard vs. The Central Bank, 462-3
CHALLENGE OF JURORS.
1. The practice in England, upon the
construction of the Act of 33 Edward
1, of passing jurymen, in criminal
cases, until the whole panel is ex-
hausted, and a jury not made before
the crown can be called upon to show
cause, is not authorized in Georgia,
since the adoption of the Penal Code.
Sealy vs. The State.
See also Reynolds vs. The State. 228
3. Lumpkin, J. The plaintiff having
purchased the stock with notice of the
lien of the corporation under the by-
law, took it subject to that lien. See 2. As the jurors are called, the State
his opinion,
54 must put them upon the prisoner, or,
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