The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-10-05

OF SUCH UdAk4nk aSSOcle1o0 OF banker any &c
curities which he ay hold for the payment of
any unredeemed notes of the said banking asso-
citation or bankers.
SEC. 25. Any banking association or banker
them deposited with the Auditor of State, may
do so by deposidng an equal amount of the err
cJllating notes which may have been issued to
said association banker by the Auditor Of State
in sums of not less than one thousand dollars;
Procided, That the amount of securities thus with
drawn by deposits of said circulating notes shall
not reduce the amount of stock securities remain
ing in the hands of the Auditor of State to less
than twenty-five thousand dollars.
| SEC. 90. The securities To be deposited with the
Auditor of State, in trust, by any association
banker, shall be held by him exclusively for the
redemption of the bills or notes of such bank,
put in circulation as money, until the same are
paid and returned to the Auditor of State as pro-
vided in this act; but the Auditor of State may
assign said securities to said soeiation or bank
er transferring the same. upon receiving therefor
equivalent securities, equivalent amount in
circulating notes issued by such bank, as provid-
ed in section twenty five of this act.
SEC: 81. All circulating notes Of banks or bank
ing associations. returned TO the Auditor of State,
shalibe destroyed by him in presence of the Gov
ernor aud authorized officer of the bank, after
he shall have made record of the same, which
shall specify the number ;of each note, its date,
and by whom it was countersigned in the books
to be kept by himself for registering circulating
notes.
Src. %. 1t shall be the duty of the Auditor of
State to receive 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
banking associate shall be, at all times. receiv-
ed by the same in payment of all debts Tdue1 to
such bank or banking association.
SIC. 80. Ii the decl lred capital of any banking
association shall be reduced for any purpose what
ever, while any debts of the association remain
unsatsied, dividend profits in the shares of
tho al Stock IF fha hall
ter be made uttil the deficit of the capital shall
be made good, either by subscription of the share
holders, out CT the Subsequent accruing prof
its of the association; and if it shall appear that
any such dividends have been made it shall be
the duty of any Judge of the District Court of the
county in which said bank is located, on applica-
ton of any person in interest. to make the neces-
sary orders and DEGREES for the closing of the Of
fairs of - Rssoei ton, and distribute its prop
erty and effects among its credito and share
holders. ..
SEC. 81 The officers or agents of any banking
association or banker, who shall pay out. to be
put in circulation money in this State, any BILL
note. certificate of deposit, or other paper having
the similltude of a bInk note, knowing the same
to have cen issued otherwise than by the author
ty of this or any other State of the United States
or the Congress of the United States, or of the
British Possessions shall, for each offense, upon
conviction thereof, be adjudged guilty of nisde-
meanor, and shall be punished by fine of not less
than hundred dollars, or by not less tn an
three nor IMAM IWelVe months imprisonment,
or both by fine and imprisonment.
SEC 80 Such ban k or banking association NAV
demand, and receive, for loans on real and per
snnal security, or for notes, bills other evil
dences 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 interest-and it shall be lawful to re-
crve the interest in advance, according to the
binary usage of banking institutions-and in
general do all things and have all the privileges
incident to banking associations or corporations.
SEC So. Every bank banking association
shall, on the first Monday of January, April. Ju-
~ and October, in every year. after having com
menced the business of banking provided in
this act, make and smit the Auditor of State
a report. which shall be made oath of the pres
ident and her, and shall contain n true state
ment of the following items, on the mornings of
the first Monday of January. April, July and
October. before any business of that tay: Loans
and discounts; over drafts due from banks; due
from directors of said banks; real estate; specie;
cash items; stack and promissory notes; bills of
solvent banks; bills of suspended banks; loss;
expense account; capital circulation; amount
due to depositors on demand; amount due,
not included under either OF the above
heads And it shall be the duty of the Auditor
of State 30 collate and publ said report cnce,
in newspaper printed at the seat of govern
ment and in the county in which said bank or
banks arr located, and the expense thereof shall
be defr1yed by the banks; and if any bank shall
fail to furnish TO the Auditor its quarterly report
in time for such publication, or shall fail to pay
the expenses incurred in the publication of its re-
port, when they shall be demanded by him, it
shall forfeit and pay the Auditor of State the sum
of one hundred dollars 10 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 name. upon his application
county where such delinquent bank may be To-
Gated. The Auditor OF State shall, Also trans
nit, annually, to the Legs lature, at the COM
mencement of its session, a condensed summary
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,
formed under The provisions o. this act shall,
nually on the first Monday of January, in each
Year. cause to be published; for six successive
weeks. in one public newspaper printed in the
county in which such bank Huy be located, and
in some newspaper printed at the seat of govern
ment in this State, true and accur ate statement,
verified by the oath of the cashier of all deposits
made with said bank, and of all dividends and
interests declared and payable upon any of the
stocks, bonds or other evidences OF Indebtedness
of stil bank which, at the date of such state
ment. shall have remained unclaimed by any per-
son persons authorized to receive the same for
two years then next preceding.
SIC. 80. Such statement shall set forth the time
that every such deposit was made, its amount, the
name aud resdeI &c, if known, Of the person
making it, the name of the person in whose favor
its amount, and upon what number of shares and
on what amount Of stocks bonds, or other evidence
of Indebtedness of any such bank or banking as
ISOLATION
SEC. &c. All plates, dies and such like materi
ais, Of and peculiar to any individual bank or
banking association, which shall have closed bust
ness either by its own voluntary act, or by oper-
alton of law, under the direction of the Auditor
of State, i'll presence of the Governor Treasur-
er of State, shall be DESTROYED: and such destruc
ii n, specifying the articles SO destroyed, shall be
officially certified to by all the three aforesaid Of
fcers.
SEC 81. 1t shall be the duty of the Legislature,
annually, to elect joi,t committee, whose duty
1t shall be to examine the securities deposited in
the Auditor of States office, by banking associa
tons 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.
ofC. IS. Every officer, agent clerk of any
banking ASSOCIATION or banker authorized by this
act, who shall wilfully and knowingly subscribe
of