The Smoky Hill and Republican union. [volume] (Junction City, Kan.) 1861-1864, 1861-10-03

in the shares of the capital stock Of the ASSOC
ciatioL shall thereafter be made, until the
deficit of the capital shall be made good, either
by subscription Of the shareholders, or out OF
the subsequent accruing profits of the asso>
citation; and, if it shall appear that any such
dividends have been made it shall be the duty
of any ju 1ge of the district court of the county
in which said bank is located, on application
of any person in interest, to make the neces-
sary orders and DEGREES for the closing of the
affairs of the association, and distribute Its
property and effects among its creditors and
shareholders.
Sec. 81. The officers or agents Of any bank
iug association or Banker, whs shall pay out
to be put in circulation as money in this State,
any bill, note, certificate or deposit, or other
paper having the similitude of bank note,
knowing the same to have heen issued other
wise than by the authority of this or any other
State OF the Uni.ed States, or the Congress Of
the United States, or of the British Posses
sions, shall, for each offense, upon conviction
thereof, be adjudged guilty Of misdemeanor,
aud shall be punished BY fine of not less than
one hundred dollars, or by not less than three
nor more than tw Give months imprisonment, or
both by fine and Imprisonment.
Sec. 81. Such bank or banking association
may demand, and receive, for loans on real
and personal security, or for notes, bills or
other evidences Of debts discounted, such rates
of interest as may be agreed upon by the par
ties, subject however, to general laws regu-
lating and fixing the rate of interest-and it
shall be lawful to receive the interest In adj
vance, according to the ordinary usage OF bank
ing insti,utions-and in general do all things,
and have all the privileges incident to banking
associations or corporations.
Sec SO Every bank or banking association
shall, on the first Monday Of January, April,
July, and October, in every year, after hay
ing commenced the business of banking as
provided in this act, make and transmit to the
Auditor of State report, which shall be made
on oath of the president and cashier, and shall
contains a true statement of the following
items, on the mornings of the first Monday of
January, April July, and October, before any
business of that day: Loans and discounts,
over drafts due from banks, due from directors
of said banks, real estate, specie. cash items,
stock and pIomissory notes, bills of solvent
banks, loss, expense account, capital, crcula-
ton, amount due to depositors on demand,
amount que not Included under either of the
above heads. And it shall be the duty of the
Auditor of State to collate and publish said
report once, in some newspaper printed at the
seat Gf government and in the county in which
said bank or banks are located, and the ex,
peuse thereof shall be defr ,yed by the tanks !;
and, if any bank shall! fail to furnish to the
Auditor its quarterly report 10 time for such
publication, or shall fail to pay the expenses
incurred in the publication Of its report, when
they shall be demanded by him, it shall for
felt and pay the Auditor of State the sum of
one hundred dollars. to be applied by him
to the expense Of publishing the quarterly
reports; and the Auditor Of State Is author
lied to collect said forfeiture in his name, upon
his application to any court of competent juris-
dictiOn, in the county where such delinquent
bank may be located The Auditor of State
shall also transmit, annually, to the Legisla,
ture, st the commencement of the session, a
condensed summary of all the items reported
10 him by all the banks, which summary, veri-
fled By his oath, shall contain II ue and corr
rect statement of the condition of all the bank
in the State at the time of making of their
last report.
SEC. "a Every bank and banking association,
formed under the provisions of this act, shall, an
nualy, on the first Monday Of January, in each
year cause to be published. for six successive
weeks, in public newspaper printed in the
county in which such bank may be located and
in some newspaper printed at the seat of govern
ment in this State, Il true and accurate statement
verified by the oath of the cashier, of all deposits
E:ade with said bank, and of all dividends and
interests declared and payable upon any of the
stocks. bonds or other evidences of Indebtedness
Of said bank, which, at the date If such state
ment, shall have remained uncl,ime by any
person or persons authorized to receive the same.
for two years then EeNt preceding.
SEC. 80. Such statement shall set forth the time
that every such deposit was made, Its amount, the
name and residence, if known, OF, the person
making it, the name of the person in whose favor
the dividend or interest may have been declared.
It's amount, and upon what number of shares and
on what amount Of stocks, bonds, or other evil
dence of Indebtedness of any such bank or bank
ing association.
SEC SO. All plates, dies, and such like mate
rails OF and peculiar to any Individual bank or
banking association, which shall have closed
business, either by Its own voluntary act, or by
operation of law, under the direction Of the Au-
ditor of State, In presence of the Governor or
Treasurer of State shall be destroyed and such
destruction, specifying the articles destroyed,
shall be officially certified to by all the three
aforesaid officers.
SEC 81. 1t shall be the duty of the Legislature,
annually, to elect joint committee, whose duty
it shall be to examine the securities deposited in
the Auditor of States office, by banking associ-
atoms and individual banks together with books
and papers therein relating to the business of
banking and the said committee shall report the
true state and condition of that department to
the Legislature.
Sec 80. Every officer, agent or clerk Of any
banking association or banker authorized by this
act, who shall wifully and knowingly subscribe
or make any false statements of facts entries in
the books Of such person or association, or shall
knowingly subscribe or exhibit false papers, with
the intent to deceive any person authorized to
examine as to the condition of such bank or az
ISOLATION, or shall willfully or knowingly sub
scribe and make false reports, shall he deemed
guilty of Ia misdemeanor, and shall be subjected
to Imprisonment at hard labor, in the States
prison, for such term, not less than one year nor
more than ten years, the court trying him shall
designate, and, likewise, any commissioner, ex-
amner or other officer, willfuly and knowingly
subscribing or making any false report, shall be