The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-11-02

or against whora any such evidence may be nee
essary, whether on civil or criminal trial. f-i
SEC, ~ Such person or association OF persons
shall Have power to carry on the business of
anking, by discounting bills, notes. and other
evidences Of debt,.by receiving deposits, by buy
ing and selling gold and silver bullion, foreign
coin and foreign and inland bills of exchange, by
leaning money on resi- or personal securities, nd
by exercising such incidental powers1ns may be
necessary to carry on such business; may choose
one of tn cir number as president, aud appoint
cashier and such other officers as their business
may require. and To Fenovefsuch presidents cash
Ter. officers and agents Mt pleasure and to appoint
others in their places but no such association
banker shall commence the business of banking
under this act, until such association ba ker
shall have deposited with the Auditor of State the
securities required by this act. 10. h-l4g
|, SIC. -. The shares in such bank shall be
ds' med personal property, and shah be transfer
able on the books Of the bank n such man ner as
Inay be agreed upon IN the article ganizing such
bank, and every person becoming a, stakeholder
therein shall, proportion to his interest, sue
coed TO all the rights and be subject to all the liza
bilites of prior siiareh oldeT shareholders;
change, shall be made in the articles organizing
such bank, whereby, the rights, remedies Sc
eurites of existing ca editors shall be in any man
ner impaired, and any association constituting
| such bank shall not be dissolved by the death
or insanity Of any one Of the slareholders there
| IN. -,3.... .- --f. 4 r....,..-,
| .Src. IA If the maker or makers of any such
cuIating note notes, counteFsigned and regis
tered Aforesaid shall, at any time hereafter, on
! lawful demand, during the usual hours of bust
ness, at the place where sucl note or notes is or
are made payable fail or refuse to redeem such
note or notes, in the law full mohey of the United
States the holder or holders of such note notes
making such demand may cause the same To be
protested for non ayment, by a notary public
under his official SEAL but the maker or maker of
such note notes shall not be liable for the
pense of so protesting the same, unless, on such
II nd nd efIIsal TO ha
they shall refuse to waive protest and notice of
protest thereon and such waiver of protest shall
in all cases, be deemed equivalent to the regular
protest thereof; and such notary shall, on pro-
testipgthe same, forthwith forward notice OF such
protest to the Auditor Of State; the notary max
ing such protest shall certify in his notice of pro-
test the number of notes on which said paying
was refused, and describe them by their numb
and letters, and shall also certify to the aggregate
amount of said notes The Auditor of State, On
receiving and filing in his Office such protest to-
gether with such note or notes as aforesaid shall
forthwith give notice in writing to the maker
makers of such note notes, to pay the same; and
if they shall omit to do SO for twenty days after
such notice, the Auditor shall Immediately there
upon, unless he shall be satisfied tn is u good
end legal defense against the payment of such
note notes, give notice that all the circulatin
1 notes of such person or association of persons
| and countersigned and registered as aforesaid
| will be redeemed out of the trust funds in hi
hands for. that purpose, which notice shall be
given by publishing the same in some newspaper
printed in the county where the business of such
| bank is established, and in some newspaper
printed at the seat of government of this State
and the Auditor of State shall be required to APP
ply the said trust funds belonging to the maker
or makers of such protested note or notes, to the
payment of all circulating notes, whether pro-
tested or not put in circulation by the maker or
| makers of such protested note or notes, pursuant
TO the provisions of this act, and to adopt such
measures for the payment of such notes will
in his opinion, most effectually prevent loss tc
the holder of such notes; and to this end, the
Auditor of State may, after the expiration of said
twenty days, and after giving thirty days notice
by publication in n newspaper printed ut the seat
OF government of this State and in daily news
paper printed in the CITY Of New York, proceed
to sell ut the Merchants Exchange, in the city of
! New York, at public auction, the securities 50
pledged, and out of the proceeds of such sale shall
pay pro rata and cancel hfIl bills and notes which
have been issued and put in circulation by such
bank under the provisions of this act; but moth
ing in this act contained shall be considered as
implying any pisdge on the part of This State, for
| the payment of such bills notes, beyond the
proper application of the Securities pledged to the
| Auditor OF State for their reltmption ~ sri.
4 SEC. Is Such bank or banking Association shall
be liable to pay the holder of eyeryIbhl or note
put in circulation as money, the payment of which
| shall have been demanded and refused, at the
| banking house usual place of business of such
| association or bankers damage for non payment
| thereof, from the time of such refusal until the
| payment Of such evidence of debt, and damages
| thereon. --a.!
Il Sic. I6. 1t shall not be lawful for the Auditor
of State or his deputy, to countersign bills oil
notes for any association or banker to an amount
in the aggregate exceeding the securities at theil
value, before provided in this actJ deposited
with him in trust by such assoeiation or Banker
or to dispose of such securi;i les in any una
nee other than provided for in this act: and any
Auditor Of State, deputy who stali Violate the
provisions of this section shall, upon conviction
be deemed guilty of o nisdsmeanor, and be pun
= bv q fina lnSa han 6vn nd Inl
lars, be imprisoned not less than five Years in
the States prison, or by both such fine and i'm
prisonment. -s1sofEau
,iaaSKe. II. dtshsili be lawful for any person OF
association OF persons organized under the pro
visions Of this act by his their articles of
citation, to provide for increase of their cdpita
stock and of the numbers Of the association, from
time to iHle. as they may think proper. q t'o
r SIC. Is. Contracts made by any bank or bank
ing Associations established by the provisions o
this act, and all notes or bills issued and PUT IN
circulation money, shall be signed by the pres
idsnt ano cashier thereof gand all suits, actions
and proceedings brought or prosecuted by and il
behalf of such bank or banking association, shall
be brought and prosecuted in the corporate Eant
mentioned in thes certificate made and fled u,
; lletsinbefors required gpr7k foi7l-lG dltI
Sin SSBc, 49 1t shall be lawful Cor such, bank Oh
banking association to purchase, hold and con
vey real estate, for the following purposes FRS
5 Such as shall he nece ssary for its immedat,
accommodation In the con veniert transactions O
ed to it in good faith by way Of security for loan
Y made by, or money due to, such bank. Third
Such as shall be conveyed to it in satisfaction o
5 debts previously contracted in the course of it
: deaings. Pourth--Sueh as it shall acquire b,
sale execution decree of aay court in its fil
: vor. The said bank shall not purchase. hold o
y convey real estate in any other case or for an
; other purpose whatever. and all conveyanees @
such real estate shall be made the corporations
u and which real estate the president and cashie
may sell. assign, grant or convey, under the di
!. Erection OF the association, free from any CLAIM
! thereon IN favor of or against the share-h older
or any person claiming under them. Iie TTTI
III Sac, 20. The president aud cashier of ever
J, bank formed pursuant to the provisions of thi
k act, shall. at all times, Keep true and correc
list of the names of ali the shareholders of suel
e bank, with the amounted stock held By. each
, the times of transfer and to whom transferred
and shall file copy Of such list in the office @
OH the register of deeds of the county wherein
bank may be located, and, also. in the Office Of th
r Auditor of State, on the first Monday in Januar,
# and Judy in each year. and the Stockholders il
d each bank shall be individually liable IN aioun
'-eqGal TO double the amount Of stock owned b,