“[Kirtland Safety Society bank note—now missing from docket]”

That said at the same time loaned said paper or bills to sundry indivividuals, that the deft was a director in said “” and that he assisted in issueing and loaning the same; to which the deft by his counsel also objected; but the Court overruled said objection and admitted the evidence, and the Plff. rested.— And thereupon the Deft by his counsel moved the Court to charge the Jury that the statute upon which the suit was founded was not in force, that the loaning of said paper or bills was not a loaning of money money if the statute was in force, and that there was no evidence which would authorize them to return a verdict for the Plff. But the Court charged the Jury that said Statute was in force that a lending of the paper or bills was a lending of money within the statute and that if they found that the deft was a director in said “[”] and assisted in issueing and lending said paper or bills it would constitute him an “officer” within the meaning of the statute, and that for the purpose of coming to a conclusion they might take the whole testimony as well the appearing of the defts ma◊◊ as any other before them for that purpose, and the Judges on motion of the defts counsel have in open Court signed & sealed this Bill of Exceptions.