The Smoky Hill and Republican union. [volume] (Junction City, Kan.) 1861-1864, 1861-10-17

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 lge 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 aud 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
| liz association or banker, whe shall pay out
J to be put in circulation money in this State
any bill, note, certificate or deposit, or other
I 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 United states, the Congress Of
/ the United States, or Of the British Posses
| sions shall, for each ofense, upon conviction
/ thereof, be adjudged guilty of misdemeanor,
| ard shall be punished by fine of not less than
one hundred dollars, or by not less than three
nor more than twelve months Imprisonment, or
| both by fine and Imprisonment
SEC. b. Such bank or banking association
may demand, and receive, for loans on real
and personal security, or for notes, bills CIR
/ other evidences of debts discounted, such rates
ties, subject however, to general laws regu-
lating and fixing the rate of interest-and it
shall be lawful TO receive the interest in ad-
vance, according to the ordinary usage of bank
ing ins,itutions-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 hav-
ing commenced the business of banking as
provided in this act, make and transmit to the
Auditor Of State u report, which shall be made
! on oath of the president and cashier, and shall
contains 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 promissory notes, bills Of solvent
banks, loss, expense account, capital, circula-
ton, amount due 10 depositors on demand
amount due not Included under either of the
above heads. And il shall be the duty of the
Auditor of State to collate and publish said
report once, in some newspaper printed at the
seat cf government and in the county in which
said bank or banks are located, and the ex,
pense thereof shall be defr yed by the hanks
and, if any bauk shall! fail to furnish to the
Auditor its quarterly report 10 time for such
publication, or shall fail to pay the expenses
incurrcd in tue 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 jnris-
diction in the county where such delinquent
baLk may be located The Auditor of State |
shall also transmit, annually, to the Legisla, |
ture, at the commencement of the session, Il |
condensed summary of all the items reported |
to him by all the banks, which summary, yeri-
fed by his oath, shall contain II ne and cor. /
rect statement Of the condition Of all the bank,
in the State at the time Of making Of their
last report.
SEC. 81. Every baEl. aud banking association,
formed under the provisions of this act shall an
nually, on the first Monday Of January in each |
year, cause to be Published, for SIX successive
weeks, i'll one public newspaper printed in the
county in which such bank may be located, and |
IN some newspaper printed ut the seat of govern
lnent in this State a true and accurate statement
verified by the oath OF the cashier of ali 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 Of such state
ment, shall have remained incl limed by any |
for two years then Eext preceding.
SEC. 35 Such statement shall set forth the time /
that every such deposit was made It's 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 !
its amount, and upon what number of shares and |
on what amount of stocks, bonds, other evil |
dence of Indebtedness of any such bank or ban k
ing association.
SEC Sc 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 voluntary act or by |
operation of law. under the direction of the AtI-
dltor OF State, In presence of the Governor or
Treasurer of State, shall be destroyed and such /
destruction specifying the articles so 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 a Joint committee, whose duty /
1t shah 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 I
act, who shall wilfully 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 as
ISOLATION, shall willfully or knowingly sub
scribe and make false reports, shall be deemed
guilty of Ia mlsdemeanor, 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-
aminer or other officer, willfully and knowingly
subscribing or making any false report, shall be
deemed guilty of Ia misdemeanor, and be sub