1. The by-laws of the company do not make the deposit notes absolute funds. They are not declared to be such, but, on the contrary, assessments of these notes are spoken pf in the 23d article. The court are of opinion that it was proper to assess them in the usual way.
2. The record af the assessment was sufficient. The directors
3. The Gen. Sts. c. 58, § 54, do not require that the book in which the statement of the assessment is recorded shall be used for that sole purpose. The fact that the same book was used by the secretary of the company to record the annual statements of the company could not injure any one, and was not contrary to the spirit, intent or letter of the statute. The statement of the assessment appears to have been' signed by six of the directors ; and, as it does not appear that any others voted for it, the presumption is that all who voted for it signed the statement, as it was their duty to do.
Exceptions overruled
Hoar, J. did not sit in this case.
