who sues as well for the State of as for himself complains of Joseph Smith Junior in a plea of debt, For that the said Joseph Smith Junior on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at in said County of Geauga, did act as an officer, servant, agent and trustee of a Bank called “” which said Bank was not then and there incorporated by law; contrary to the Statute in such case made and provided, whereby and by the force of the said statute the defendant has forfeited for said offence the sum of one thousand dollars, and thereby and by force of said statute [p. 362]