The Smoky Hill and Republican union. [volume] (Junction City, Kan.) 1861-1864, 1861-09-19

deficit of the capital shall be MADE good, either
BY subscription Of The shareholders, or out OF
the subsequent accruing profits Of the asso
cis,ion; and, If it shall appear that any such
dividends have been male it shall be the duty
Of any ju ige Of the district couIt of the county
in which said bank is located, on application
Of any person in ine rest, to make the neces-
sary orders and DEGREES for the closing Of tn
affairs Of the association, aud distribute Its
property and effects among its creditors and
shareholders
SEC. 81. The officers or agents of any bank
! irg association or banker. whe shall pay out
! to,be put in circulation as money in this State,
any bill, note, certificate or deposit, or other
paper having the simiIitude Of bank note
| knowing the same to have heen issued other
| wise than by the authority of this or any other
State of the Uni'ed states, or the Congress Of
| the United States, or of the British Posses
sioas. shall, for each offense, upon conviction
thereof, be aijudged guilty Of misdemeanor.
aud shall be punished by fine of not less than
one hundred dollars, or by not less than three
nor more than tw live 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 ad-
vance, according to the ordinary usage of bank
ing insttutions-snd in general do all things,
and have all the privileges incident to banking
associations or corporations.
SEC 33 Every bank or banking association
shall, on the first Monday of January, April.
July, and October. in every year, after hav.
IN, coI ha huS nf no.
provided in this act, make and transmit to the
Auditor of State 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 pIomissOry notes, bills of solvent
banks, loss, expense account, capital, circula-
! ton, amount due 70 depostors Oh demand,
am )unt due not ircluded under either Of the
above heads. And l. shall be the duty of the
Auditor of State to collate and publish said
report once, in some newspaper printed at the
se,t Of government and in the county in which
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, ar shall fail to pay the expenses
INCUR, d in the publication of its report, when
they shall be demanded by him, ii shall for
felt anCapay the Auditor Of Stale the sum of
one hundred tCIars. 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-
dction, in the county where such delinquent
bank may be located The Auditor of State
shall also transmit, annually, to the Legislas
ture, st the commencement of the session, n
condensed summary of all the items reported
TO him by ali the banks, which summary, veri-
fed by his oath, shall contain a 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. "a. 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
weeks, in one public newspaper printed in the
county in which such bank may be located and
in some newspaper printed at the seat of govern
ment in this State, true and accurate statement
verified by the oath of the cashier of all deposits
I::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 uncl aimed by any |
person or persons authorized to receive the same |
for two years then EeXt preceding.
SEC. IS. 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. Sc. 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 Au-
ditor 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,
to elect joint committee, whose duty
it shall be to examine the securities deposited in
the Auditor of States office, by banking associ-
ations and individual banks, together with books
aud 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
subscribe exhibit false papers, with
the intent to deceive any person authorized to
examine as to the condition of such bank or as
ISOLATION, or shall willfully or knowingly sub
scribe and make false reports, shall be deemed
guilty of Ia misdemeanor, and shall be subjected
to 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
designate, and likewise any commissioner, ex-
sminer or other officer, wilfully and knowingly