The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-10-26

business, shall notify the State Auditor of such
intentjOul then, and in such case il shai be COM
! petent for said bank or bankers to redeem and
4 deposit With the Auditor of State, from time to
! time any amount of their circulating notes which
may have beer issued to said association, bank or
BANKERS. in sums, however, not less than one
/ Thousand dollars at any time, and to receive
! therefor and withdraw equal amount of securi
ties by them deposited with the Auditor of State;
but no bank shall continue 10 transact any busi-
ness whatever, further than what may be req uired
10 close up after their capital stock. securities
circulation shall have been reduced to less than
Il twenty-five thousand dollars, in any ease af-
j ter two years from the date of said notice of in
tentlon to rellnquish and close up their banking
business, aforesaid: and whenever the retirn 2
/ bank or bankers shall desire to Withdraw all the
securities heretofore lodged with the Auditor Of
4 State, they may do so. by producing and filing
4 with the Auditor of State certificate of deposit
to his credit, such bank he shall approve Of,
an equal, amount with the circulating EOtes of
such bank or banks then remaining unredeemed.
/ aud the Auditor OF State On being satished OF
such deposits. and of the sufeiency thereof, all
give up all the remaining securities heretofore de-
posted by such bank or bankers for the redemp
I ION # the circulating notes issued
/ SEC. "a Such banking association banker.
after having complied with the provisions of the
last preceding section, shall give notice. for two
years, in some newspaper printed In the county
where such bank shall have been located, and in
a paper printed at the seat of government of this
State. that all circulating notes issued by such
| banking association or banker must be present.
/ ed at che Auditor of States Office, within two
\ years from the date Of such notice, or that the
i funds deposited for the redemption of the notes
| will be given up to the banking association or
| banker. and on receiving satisfactory proof of
the giving of such notice for the time aforesaid
the Auditor of State shall surrender to the order
4 of such banking association or banker. any
! curities which he nay hold for the payment of
any unredeemed notes of the said banking asso-
! ciation or bankers
! SEc 25. ANY banking association or banker
! VI IN will of he nv
! them deposited with the Auditor of State, may
| do SO by depositlng an equal amount of the cir
culating notes which may have been issued to
said association or banker BY the Auditor of State
in sums of not less than thousand dollars
Prorided. That the amount of securities thus with
drawn by deposits of said circulating notes, shall
not reduce the amount of stock securities emain-
ing in the hands of the Auditor of State, to less
than twenty five thousand dollars.
SEC. 20. The securities to be deposited with the
Auditor of State, in trust, by any association or
banker. shall be held by him exclusively for the
redemption of the bills or notes of such bank,
put in circulation money, until the same are
paid and returned to the Auditor of State, rs pro-
vided in this act but the Auditor of State may
assign said securities to said ISOLATION bank
er Transferring the same. upon receiving therefor
equvalt mt securities, or an equivalett amount in
circulating Lotes issued by such bank, as proyid
! ed in section twenty-five of this net.
| i SEC 81. All circulating notas of banks or bank
ling associations. returned to the Auditor Of State
shall be destroyed by him in presence of the Gov
ernor and an authorized officer of the bank after
i Re shall have mJde a record of the same which
] shall specify the number of each note, its date,
and by whom it was couhtersigned in the books
to be kept by himself for registering circulating
notes
SEC. % 1t shall be the duty of the Auditor of
State toreeeive mutiated circulating notes issued
! by him, and after making record of them, their
| denomination and amount, to deliver, in lieu
thereof, circulating notes To the same amount.
| SEC %. The bills notes of any bank or
4 lnn all he of al fr
ed by the same in payment of all debts [duel to
such bank or banking association.
SIC. 80. If the declared capital of any banking
association shall be reduced for any purpose what
ever, while any debts of the association remain
unsatsfied, dividend Gr profits in the shares of
the capital stock If the association shall tbereaf
be made, til the deficit of the capital shall
be made good, either by subscription of the share
holders, or out CT the subsequent accrung prof
its Of the association and, if 1t shall appear that
any such dividends have been made, it shall b.
the duty of any Judge of the District Court of the
county in which said bank is located, applica-
ton Of any person in interest, to make the neces
sary orders and DEGREES for the closing of the af
fairs Of the associ ton, and distribute its prop
! erty and effects among its creditors and share
Ehoiders' 80.
SEC 81 The officers or agents of any banking
4 association banker, who shall pay out, to be
put in circulation money in this State any bill
note, certificate Os deposit or other paper having
the sitnilitude of bunk note, knowing the same
to have been issued otherwise than by the author
ity of this any otbrr State of the United States
! or the Congress of the United States, OF of the
conviction thereof, be adjudged guilty of misde-
Pmeanor, and shall he punished by fine of not less
than one hundred dollars, or by not less tn an
| three nor more than twelve months imprisonment
or both by fine and imprisonment.
/ SIC 80. Such ba X or banking association may
demand, and receive, for loans on real and per
sonal security, for notes, bills or other evil
1enees of debts discounted such rates of interest
as may be agreed upon by the parties, subject,
however, to general laws regulating and fixing
| the rate of nterest-and it shall be lawful to re
ceivc the interest in advance, according to the
dinary usage of banking institutions-and in
general do all things and have all the privileges
incident to banking associations corporations.
| SEQ SO Every bank or banking association
/ shall, on the first Monday OF January, April Ju-
" and October, In every year. after having conf
/ inenced the business of banking provided in
this act, make and transmit TO the Auditor of STATE
| a report, which shall be made oath of the pres
Ident and ca her. and shall contain true state
mcnt of the following items, on the mornings of
the first Monday OF January. April, July and
EOctober, 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
expense account; capital; circulation; amount
| due to depOsitors on demand; amount due
not included under either of the above
| heads And 1t shall be the duty OF the Auditor
OF State to coitate and publish said report cnces
in some paper printed at the seat of govern
ment and in the couaty in which said bank or
banks are located, and the expense thereof shall
! be yed by the banks; and, if any bank shall
fail to furnish the Auditor its quarterly report
| in time for such publication, shall fail to pay
the expenses incurred in the publication of its
| port, when they shall be demanded by him, it
shall forfeit and pay the Auditor Of State the
of one hundred dollars, to be applied by him to
the expense Of publishing the quarterly reports:
and the Auditor Of State is authorized to collect
said forfeiture in his upon his application
| to any court Of competent jurisdiction, in the
Gated The Auditor of State shall, also. trans
NIT, annually. to the Legislature, at the com
mencement Of its session, condensed summary
I of all the items reported to him by all the banks
which summary, verified by his oath. shall con-
tain true and correct statement of the condition
Of all the banks in the State at the time of the
making of their last report.
| SEC. 81. Every bank and banking association,
IN