The Smoky Hill and Republican union. [volume] (Junction City, Kan.) 1861-1864, 1861-10-31

ton remained unsatis6ed, no dividend or profits
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 judge 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
ing association or banker, whe shall pay out
to be put in circulation as money in this State,
any bill, note, certificate deposit, or other
paper having the simili:ude 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, or the Congress Of
the United States, or of the British Posses
sious, shall, for each offense, upon conviction
thereof, be adjudged guilty of misdemeanor,
and 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 institutions-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 q 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 TO depostors on demand
amount que 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
said bank or banks are located, and the ex-
pense thereof shall be defr yed by the tanks
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 report, when
they shall be demanded by him, it shall for
felt and pay the Auditor of Stale 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
to him by all the banks, which summary, veri-
fed by his oath, shall contain tue and cor.
rect statement of the condition of all the banks
in the State at the time Of making Of their
last report.
SEC. 81. Every bank and 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
county in which such bank may be located, and
in some newspaper printed at the seat of govern
ment in this State a 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 of such state
ment, shall have remained unclaimed by any
person or persons authorized to receive the same
for two years then EeXt preceding.
DEC. 30. 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
Its 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 At-
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 joint committee, whose duty
it shall be to examine the securities deposited in
the Auditor of States office, by banking assoc- /
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 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
sociaton, or shall willfully or knowingly sub
scribe and make false reports, shall be deemed
guilty of Ia misdemeanor and shall be subjected
20 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