Chapter LXXIII. to enforce those provisions of the act, entitled “An act to incorporate the subscribers to the Bank of the United States,” which relate to the right of voting for directors, and for other purposes
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Chap. LXXIII.— An Act to enforce those provisions of the act, entitled “An act to incorporate the subscribers to the Bank of the United States,” which relate to the right of voting for directors, and for other purposes. March 3, 1819. *Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled*, That in all elections of directors Act of April 10, 1816, ch. 44. Persons offering more than 30 votes, may be compelled to make oath. 1816, ch. 44.of the Bank of the United States, hereafter to be held, under, and by virtue of, the “Act to incorporate the subscribers to the Bank of die United States,” whenever any person shall offer to the judges of such election more than thirty votes in the whole, including those offered in his own right, and those offered by him as attorney, proxy, or agent, for any others, the said judges of the elections, or any one of them, are hereby authorized and required to administer to the said person, so offering to vote, the following oath or affirmation, viz:
Form of the oath. I, , do solemnly swear, (or affirm as the case may be,) that I have no interest, directly or indirectly, in the shares upon which I shall vote at this election, as attorney for others; that those shares are, to the best of my knowledge and belief, truly, and in good faith, owned by the persons in whose names they now stand; and that, in voting at this election, I shall not, in any manner, violate the first fundamental article of the “Act to incorporate the subscribers to the Bank of the United Any judge of elections may administer the oath, &c.States.
” And the said judges of elections, or any one of them, shall be authorized and empowered, in their discretion, or at the instance of any stockholder of the bank, to administer the said oath or affirmation to any person offering to vote at any such election. Proxies. Sec. 2. *And be it further enacted*, That no person shall be entitled to vote at any such election as attorney, proxy, or agent, for any other person, copartnership, or body politic, without a power for that purpose, being duly executed, in the presence of a witness, and filed in the bank, and on which power shall be endorsed the oath or affirmation of the person, or one of the copartners, or of the head, or some of the officers, of the FIFTEENTH CONGRESS.
Sess. II. Ch. 74. 1819.509body politic granting such power, in the words following: “I, , do Form of the oath to be endorsed.solemnly swear, (or affirm as the case may be,) that I am (or that the co-partnership, consisting of myself and , are, or that the corporation known by the name of , is, as the case may be,) truly, and in good faith, the owner (or owners, as the case may be,) of the shares in the capital stock of the Bank of the United States, specified in the within power of attorney, and of no other shares; that no other person has any interest in the said shares, directly or indirectly, except as stated in the said power; and that no other power has been given to any person, which is now in force, to vote for me (or for the co-partnership aforesaid, or for the body politic aforesaid, as the case may be,) at any election of directors of the said bank;” which oath or affirmation may be taken before Oath may be taken before a notary, &c.a notary public, judge, or justice of the peace, and shall be certified by him.
Sec. 3. *And be it further enacted*, That if the judges of any election Judges of elections permitting persons to give more than thirty votes without making oath, or suffering any person to vote as proxy without a power, as proscribed, to be deemed guilty, &c.of directors, to be held as aforesaid, shall permit any person to give more than thirty votes, in the whole, at any such election, without the said person’s having taken the aforesaid oath or affirmation, or shall suffer any person whatever to vote as attorney, agent, or proxy, for any other person, or for any co-partnership, or body politic, without a power for that purpose, as prescribed in the foregoing section, with the oath or affirmation and certificate aforesaid; such of the said judges as shall consent thereto, shall severally be deemed guilty of a misdemeanor, and, on due conviction thereof, shall be subject to a fine not exceeding two thousand dollars, or to imprisonment not exceeding one year, at the discretion of the court before which such conviction shall be had.
And Persons swearing falsely, subject to the penalties of perjury.if any person shall willfully and absolutely swear or affirm falsely, in taking any oath or affirmation prescribed by this act, such person, so offending, shall, upon due conviction thereof, be subject to the pains and penalties which are by law prescribed for the punishment of wilful and corrupt perjury. Sec. 4. *And be it further enacted*, That if any person shall, directly or The person giving, and the president or director accepting, any money, or bribe, &c., to be fined and imprisoned, and for ever disqualified, &c.indirectly, give any sum or sums of money, or any other bribe, present, or reward, or any promise, contract, obligation or security, for the payment or delivery of any money, present, or reward, or any thing to obtain or procure the opinion, vote, or interest, of the president of the Bank of the United States, or either of the directors thereof, or the president or a director of either of the branches of the said bank, in any election, question, matter, or thing, which shall come before the said president and directors for decision, in relation to the interest and management of the business of the said bank, and shall be thereof convicted; such person or persons, so giving, promising, contracting, or securing to be given, paid, or delivered, any sum or sums of money, present, reward, or other bribe as aforesaid, and the president or director who shall, in any wise, accept or receive the same, on conviction thereof, shall be fined and imprisoned at the discretion of the court, and shall forever be disqualified to hold any office of trust or profit under the said corporation, and shall, also, for ever , be disqualified to hold any office of honour, trust, or profit, under the United States.
Approved, March 3, 1819.