The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-09-28

tiIs any amount of their eitc ulating notes which
may have beer issued to SAID association, bank
bankers. in sums, however, not less than one
thousand dollars at any one time, and to receive
therefor and withdraw an equal amount Of securi
ties by them u, POSTED with the Auditor of STATE
but no bank shall continue 10 transact any bust
ness whatever, further than what may he required
TO close up after their capital stock, securities
scirculation shall have been reduced TO less than
twenty-f five thaus nd dollars, nor in any af
tr two years from the date OF said notice of in
tenfisn 10 reiinquish and close up their banking
business, as aft resad; and whenever the retiring
bank At bankers shall desire to Withdraw all the
securities heretofore lodged with the Auditor of
State, they may do So 10y producing and filing
with the Auditor of State certificate of deposit
to his credit in such bank as he shall approve VI.
an equal amount with the circulating notes of
such bank CT banks then remaining unredeemed.
and the Auditor OF State, being satisfied of
such deposits. and os the sufciency thereof, shall
give up all the remaining securities heretofore de-
posted by such bank or bankers for the redemp
ton of the circulating notes issued.
SIC. Pa Such, banking ass citation OF banker.
after having complied with the provisions Of the
last preceding s6etsn. shall give note :, for two
year.. in some newspaper Printed IN the county
where such baakssbslf have been located, and in
paper printed at the seat Of government of this
STATE, that all circulating notes issued by such
banking association CT banker fmUst be present
eG at the Auditor of States office. within two
wears from the date Of such notice. or that the
funds deposited for the redemption of the notes
will br given up to the banking association or
banker and, on receiving satisfactory Troof of
the giving of such notice for the time aforesaid,
the Auditor of State shall surrender to the order
of such banking association or banker, any &c
curiti which he ray hold for'the payment Of
any unredeemed notes of the said banking asso
c.ation or blnkers.
SIC 25. Any banking assoeiation or bank r
wis ing to withdraw any of the securities by
them deposited with the Auditor Of State. may
i" so by depositing equal amount of the cir
cu'ating notes which may have been issued TO
said association bank, by the Auditor of State;
in Of not less than one thousand dollars;
PTOrided. That the amount of securities thus with
drawn by deposits of said circulating notes shall
not rctuce the unit of stock securities remain
ing in the hands of the Auditor If STATE, to lees
than twenty-five thousand dollars
SIC. &c The securities to be dcpo sited with the
Auditor of State, in trust. by any association
banker, shall be held by him exclusively for the
redemption of the ills or notes Of such bank,
put in circulation as money, until the same are
paid and returned to the Auditor Of State, pro-
vid.d in this act; but the Auditor of Sta may
assign said securities to said as ISOLATION or bank
transit ring the same. upon receiving therefor
equival.nt securities, or an equivalent amount in
circulating Iotes issued by such bank provid-
ed in q, elton twenty FIVE of this act.
SEC 81 All circulating notes of banks or bank
ing associations. returned to the Auditor of State
shall be destroyed by him in presence of the Gov
crnur and an authorized officer of the bank after
lie shall have made record of the same, which
shall specify the number of each note, its date.
and by whom it was countersgned in he books
to be kept by himself for registering circulating
! nOte-. @---- ~ -srs-ts
SEC % It shall be the duty Of the Auditor Of
State to receive INITIATED circulating notes issued
by him, and aftr making record of them, their
dcnornirat on and amount, to deliver, in lieu
tht Roof, circulating notes to the same amount
SIC %. The bills notes of any bank or
banking asso4iati-a shall be, at all times. recev-
ed by the snme in payment of all debts [duel to
such bank or banking association.
SEC. 80. If the declared capital of any banking
as s"e,ation shall be reduced for airy purpose what
ever, while any debts of the association remain
unsat sfied divi~e profits in the shares of
TIL capital stock of the association shall thereaf-
t be made til the deficit of the capitIl sLa' Il
be made good, either by subscription of the ehare
holders, or ont Of the subsequen aeeruing prof
it, the association; an1 if it shall appca ar that
any such dividends have been made l. shall b..
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 nee
sary orders and d. crres for the closing of the af-
ars of The assuc ton, and distribute its prop
"rty and ELECTS among its creditors and share
holders.
SEC 81 The officers or agents OF any banking
association banker, who shall pay out, tu b..
Put IL circulation money in this State any bill
n'te certificate of deposit, other paper having
/ the similitude of n bInk note, knowing the same
! To have cen issued otherwise than by the author
or the Congress of the United States, or of the
British Possessions. shall, for each "ffrnse upon
conviction hereof, be adiudg.-d guilty of misde-
fmeanor. and shall be pupishe,tby fine of hot les.
than one hundred dollars. or by not less th an
three nor more than twelve months imprisou Ine mt
or both 10y fine and imprisonment.
SEC 81. Such bank or banking association may
demand, and receive, for loans on real and per
sonal security, for not4s, bills or other eyi
dences of debts discounted. such rates Of Interest
as may be agreed upon 10y the parties, subject
however, TO general laws regulating and fixing
the rat. of Intertst-and it shall be lawful to re
e'v" the interest IN advance, Iecorling TO the
binary usage of b'nking institntons-and IL
general do all things aud have all the privilege:
incident t" banking associations or corporations
SEC. 50 Every bank or banking association
shall, on the fist Monday OF January. April. Ju
! ly and October, in every year after having coin
menced the business Of banking as provided il
this act. make aud trnnsnit the Auditor of Stat.
rel ort. which shall he made On oath of the pres
Ident and CO hier, and shall contain a true state
Tnent of the following items, the mornings q
the first Monday of Jauuiry, April, July ana
October. fore any business of that "ay: Loaui
aud discounts; over drafts due from banks; due
from directors of said banks; rial estate; specie
cash items; stock and promissory notes; bills o
solvent banks; bills of suspended banks; loss
expense account; capital; circulation; amount
due to depositers deInand amount due
not included under either of the abov,
heads Add it shall be the duty of tile Auiito
in some newspaper printed at the seat of govern
ment aud in the county in which said bank o.
banks are located. and the expense Thereof shall
be defr :yed by the banks; and. if any bank shall
fail to furnish the Auditor It's quarterly repor
in time for such publication shall fail to pay
the expenses incurred in the publication of its re
port, when they shall be demanded by him.
shall forfeit and pay the Auditor Of State the sun
J of on. hundred dollars, 20 be applied by him Il
the expense of publishing the quarterly reports
and the Auditor of State is authorized TO coliec
said forfeiture in his, name, upon his application
; to any court of competent jurisdiction. in ia
I county where such delinquent bank may be 10
! Gated. The Auditor OF State shall. also, trans
NIT, annually. to the Legislature, at the cora
:. meneeIRent of its session, condensed summar.
of all the items reported TO him by all the banks
J which summary, verified by his cath. shall con
tain true and correct statement Of the condition
of all the banks In the State ct the time Of tn
\ making Of their last report.
SEC. 81. Every bank snd banking association
formed under The provisions of this act, shall, an
! nually, on the first Monday Of January, in eacl
year, cause 70 be ~pu6iished; for six suceessiv
weeks, in one public newspaper printed in tn
eeunty in whiei such bank may be located. an