27. The trustees of the University of Alabama compose a public corporation, and the legislature has the authority by statute to alter, amend, vary, or enlarge the original acts of incorporation.

Trustees University of Alabama v. Winston, 4 S. & P. 17. 28. The supreme court has no authority to inquire on the relation of the attorney general in behalf of the State, into the constitutionality of an appointment by the legislative department, of a judicial officer.

State ex rel. att'y General, 4S, & P, 40.

29. The legislature in incorporating a bridge company having provided a mode for assessing the damages which might be sustained by the owners of any land selected as a site, and as a road to and from the bridge, such mode is conclusive, and the proprietors of land so appropriated, must resort to the means pointed out by the statute for compensation.

Dyer v. Tuscaloosa Bridge Company, 2 P. 296.

30. The jurisdiction conferred upon, and exercised by the county courts of this State, under the statute of 1824 and 1836, regulating proceedings in the nature of admiralty, is not a violation of the constitution of Alabama, nor in conflict with the admiralty and maritime authority vested by the constitution of the United States in the national courts.

Richardson, et al. v. Cleveland & Huggins, 5 P. 251. 31. The statute 1826, prescribing an oath to be administered to attorneys against duelling is unconstitutional. Matter of J. L. Dorsey, 7 P. 293. 32. The constitutional courts of the United States are not viewed as foreign tribunals. Their proceedings are to be respected and received when exemplified under the seal of the courts, and such seal is presumed to be known, and establishes itself in the same manner as the seal of a court within the State which is presumed to be known and recognized by all other courts within the same State. Womack, ad'mr. v. Dearman 7 P. 513. 33. Whether the acts of a territorial court created by the local legislature of a territory can be received in any other light than the courts of a foreign country. Quere?

Ibid.

CONTEMPT.

1. A motion for attachment for contempt in not obeying an injunction perpetuated in the supreme court on an appeal from an inferior court, must be made in the original and not in the appellate court.

Gates v. McDaniel, 4 S, & P. 69,

2. The circuit courts are vested with authority to punish a contempt committed in the breach of an injunction granted by a judge thereof, when such injunction has been dissolved on hearing; and has been reversed and again reinstated by the judgment of the supreme court on error.

Gates v. McDaniel, 3 P. 356.

3. When contempts are committed by violation of an order or decree of chancery, the English practice in such cases should be adopted here; which is not to direct a seizure of the body in the first instance, but to give notice that a motion will be made that the party guilty of the contempt stand committed, and if not ready to show cause, the court usually gives a day, and then, on hearing of the affidavits on both sides, decides.

Ibid.

4. A judge of the circuit court has no authority in vacation to order the body of defendant to be taken on a charge of having violated an injunction; but where such order has been made on petition, supported by affidavits

showing a prima facie case of contempt, the circuit court cannot rescind it without a rule, that the defendant stand committed, unless on day given he show cause.

Ibid.

COTTON RECEIPTS.

1. A cotton receipt assigned by the payee before it is due, is not subject, in the hands of an innocent endorsee without notice, to a set-off existing against payee. Winston v. Mosely, 2 S. 137.

2. The receipts are, by statute, placed on the same footing as to their negotiability, with inland bills of exchange.

Ibid.

CORPORATIONS.

I, OF BANKS AND BANKING-OFFICERS OF BANKS.

II. OF SUMMARY PROCEEDINGS BY AND AGAINST BANKS; AND, OF THE

EVIDENCE IN SUCH PROCEEDINGS.

I. Of Banks and Banking.

1. A bank charter is a contract and it cannot be impaired by subsequent legislation.

Logwood v. Planters' & Merchants' Bank, Huntsville, A. R. 25. 2. The president of a bank is not liable in his private capacity, to the penalty imposed by the statute 1820, in relation to the revenue.

Judson v. State, A. R. 150. 3. Bank stock is the subject of taxation, unless the right to tax has been expressly relinquished. Ibid. 4. Since the adoption of the constitution the right to bank is a franchise. State v. Stebbins, 1 S. 299. 5. The Legislature can at all times limit the issuance and circulation of paper monies, when not issued under proper authority. Ibid. 6. The act of 1818, incorporating the St. Stephen's Company (steam boat) did nor grant banking powers to said corporation. Ibid. 7. The statute 1823, incorporating the Bank of the State of Alabama is constitutional. Lyon v. State Bank, 1 S. 442. 8. The rules of the State Bank, as to the computation of interest, whereby it is taken and retained in advance, &c. being sanctioned by universal usage in banking is legal.

Ibid.

9. Bond of cashier does not render the obligors liable for money robbed from the Cashier while in the discharge of his duties.

Huntsville Bank v. Hill, et al, 1 S. 201.

10. The charter of the Tombecbee Bank, is not forfeited by a failure to

pay specie on demand for its notes; there being no provision in its charter to that effect. State v. Tombecbee Bank, 2 S. 30. 11. A bank charter is a contract, and the statute 1821, declaring a forfeiture in a contingency not mentioned in the charter does not affect it.

Ibid.

12 The cashier of a bank in the course of his ordinary duties and by virtue of the general power appertaining to his office has a right to transfer the paper securities of the bank in payment of the bank debts; and, the court will presume, in the absence of proof to the contrary, that the transfer has been properly made. Everett, et al, v. United States, 6 P. 166. 13. But it may be shewn that the transfer was not fair, that it was not in the regular course of business, but in prejudice of the rights and interests of the bank, and thus defeat the effect of a transfer to an assignee.

Ibid.

II. Of Summary Proceedings, by and against Banks, and of the Evidence in such Proceedings.

14. Notice of motion for judgment by the P. and M. Bank must be given under its corporate seal.

Logwood v. Planter's & Merchant's B'k, Huntsville, A. R. 25. 15. To sustain a judgment recovered by bank, on motion, the record must show that the certificate of the President, as required by the statute, was produced, and that it was under the seal of the corporation. Ibid.

16. Parol proof to show that a note had been discounted by the bank, and that the bank had given no consideration for it, admissible without notice to produce the books of the bank.

Gaines, et al, v. Tombecbee Bank, A. R. 51. 17. The statute 1819, to raise a revenue for 1820, did not authorize the Circuit Court to render judgment upon motion against the President of the Tombecbee bank, for failing to pay taxes.

Crawford v. State, A. R. 143. 18. In a summary proceeding against a president, for failing to pay taxes, the name of the bank must be accurately described.

Judson v. State, A. R. 150. 19. Service of notice on Cashier not evidence that he was cashier, on a motion for judgment under the statute.

Planters & Merchants' Bank, Huntsville, v. J. B. Walker, A. R. 391. 20. On motion against bank for penalty in not paying taxes, they are entitled to a jury if demanded, although they do not plead.

Tombecbee Bank v. State, A. R. 425. 21. When the bank sues a security he cannot plead as payment or set-off a deposit made in bank by his principal. Such deposit is subject only to the check of the principal. Lyon v. State Bank, 1 S. 442.

22. A notice by bank, of a motion for summary judgment, is sufficient without a declaration, if the debt claimed is set forth with reasonable certainty, though it has not the technical precision of a declaration. Ibid. 23. The like certainty is also sufficient, as to the certificate of the president, as required by the Statute, its only object being to prove property in the bank, and not to establish the debt. 1bid.

24. Where the notice is to three defendants, a notice and judgment may be had against one, and a discontinuance as to the others is not necessary.

25. To charge a bank with notice of the dissolution of a firm, it is not

sufficient that one of the firm who received the credit was a director of the bank. Lucas v. Bank of Darien, 2 S. 280. 26. Sheriff's return, that he had served the process upon the cashier is not sufficient to support an action, without proof that such person is cashier. St. John v. Tombecbee Bank, 3 S. 146.

27. The statute 1823, declaring a forfeiture of the charter of the Huntsville Bank to ensue from the failure to pay specie for its notes, did not take from the bank the right to sue in its corporate capacity.

Huntsville Bank v. McGhee, 1 S. & P. 307. 28. In proceeding by notice to charge one who does not appear as acceptor of a hill-the record must show the proof to have been made of the acceptance. Walker v. Bank State Alabama, 4 S. & P. 215.

29. As notice is not of the character of a declaration, and is only intended to bring the party into court without any formal averments-it follows, that the plaintiff must fully prove his cause of action, even to sustain a judgment by default. Ibid.

30. An allegation, that the plaintiffs are "the holders and owners" of the bill, is equivalent to the averment that the bill is the property of the bank,

Ibid. 31. The notice authorized by the ninth section of the charter of the Montgomery Branch to a maker or indorser need not be under the corporate seal. Branch B'k Montgomery v. Harrison 2 P. 540. 32. The summary proceedings authorized against the debtors of said bank though different from the common law course, is yet remedial in its character and if substantially pursued will not be defeated by mere technicalities.

Ibid.

33. To sustain a judgment in favor of the bank rendered on motion, the record must show that the certificate of the president was produced, and filing a declaration will not alter the case, so as to render such certificate unnecessary. Duncan v. Tombecbee Bank, 4 P. 181.

III. Of Corporations in general; their Right to Sue; their Powers

and Obligations.

34. When a corporation sues according to the course of the common law it is not necessary that the warrant of attorney should appear on record.

Gaines, et al, v. Tombecbee Bank, A. R. 51. 35. A corporation can only exercise such powers as are specifically granted, or such as are necessary to carry those granted into effect.

State v. Stebbins, 1 S. 299.

36. A corporation created in another state may sue in this.

Lucas v. Bank Georgia 2 S. 147. 37. To establish the existence of an incorporated bank in another state, a copy of its charter properly authenticated, and parol proof of its being in operation, will be sufficient.

Ibid.

38. When a suit is instituted by a corporation, the authority of the attorney under the general issue cannot be enquired into.

Ibid.

39. A corporation may assign its effects to a trustee for the benefit of creditors, and such assignment is not void though made to the president one of the grantors, and is good against a subsequent judgment creditor though the charter provides that the stockholders shall be personally responsible for the debts of the corporation. Pope v. Brandon, et al. 2 S. 401.

40. When the Mayor and Aldermen appropriated a certain amount to the holders of real estate, as damages done to such estate, in widening streets.

The consent of the owners to receive the amount appropriated, vested sufficient consideration to support an action for the recovery of the amount.

Mayor & Aldermen of Mobile v. Richardson, et al, 1 S. & P. 12. 41. That the resolution of the corporation was an admission of the right of the parties in the land appropriated. Ibid.

42. The power granted to a rail road corporation to condemn lands, for the purpose of the road, making a just compensation to the owners, is constitutional. Aldridge v. Tuscumbia C. & D. Rail R'd, 2 S. & P. 199. Davis, by guard. v. same, 4 S. & P. 421. 43. The University of Alabama is a public corporation, and its original act of incorporation may be enlarged, altered, or amended by subsequent acts of the legislature, Trustees University of Alabama v. Winston, 4 S. & P. 17. 44. The books of a corporation are evidence against the corporation, and between members thereof, but not in their favor in a suit brought against them. Ex-members of a town corporation are ex necessitate competent witnesses in a suit by a stranger against the body.

Mayor, &c. of Tuscaloosa v. Wright, 2 P. 230. 45. The extent of the power of a corporation is to be ascertained by a reference to such grants as the legislature has made in its favor, and a corporation can have no rights except such as are specially granted, or are incidental and necessary to them.

State v. Mayor and Aldermen of Mobile, 5 P. 279. 46. How far a common seal may be necessary to authenticate the acts of the corporation-quere?-but where it must, in general, act through its common seal, it may appoint an agent whose acts, within the sphere of his powers, would be valid without a seal. Everett, et al. v. U. S, 6 P. 166. 47. The approval by a corporation of the acts of one acting as its agent, makes those acts valid, whether authorized by a delegated authority or not.

Ibid.

COSTS.

1. Order requiring security for costs, the grounds of which do not appear in the record, nor does there appear any application to the court below to dismiss, failing to dismiss is not error. Read v. Carson, A. R, 17.

2. Executors and administrators exempt by statute of 1811 from a judgment for costs de bonis propriis.

Ad'mr. Dancy v. Orton, A. R. 111. 3. A non-resident party cannot under the statute 1807, on sixty days notice be compelled to give security for costs in a suit pending in the supreme Harriss & Farrow v. R, Clapp, A. R. 328. 4. Costs of a motion follow the event of the cause.

court.

McWhorter et al v. Marrs, 1 S. 63. 5. The question of costs in the supreme court is not affected by an amendment made below pending a writ of error.

Pace v. Dossey, 1 S. 20,

6, When judgment is reversed and rendered in the supreme court the appellee pays the costs.

Payne v. Martin, 1 S. 407.

7. When clerical misprision is corrected in the supreme court it is at the costs of the appellant. Mason v. Smith. et al. 1 S. 275,