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The Smoky Hill and Republican union. (Junction City, Kan.) 1861-1864, November 07, 1861, Image 4

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84030186/1861-11-07/ed-1/seq-4/

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35
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. ?jat ajjUfff.-.Ti-kni iMTi. rnor a.
UNION PLATFORM.
Ttesolved, In the language of Senator Douglas,
' Whoever is not prepared to sacrifice party or
ganizations and platforms on the altar of his
-country, does not deserve the support and coun
tenance of honest people," and that we this day
ileclare that we know and will make no other
issue than the one forced upon us "We must
be either for or against our Government, either
Patriots or Traitors."
Resolved, That we indorse the resolution
known as the CniTTExntx Resolution, which is
ns follows: "That in this national emergencj',
Congress, banishing all feeling of mere passion
or resentment, will only recollect its duty to the
whole county ; that this war is not waged on
our part in any spirit of agression, nor for any
purpose of overthrowing or interfering with the
rights or established institutions of the States,
but to defend and maintain the supremacy of
tue constitution, anu to preserve tue union,
with all the dignity, equality, and rights of the
several States unimpaired, and that as soon as
these objects are accomplished the war ought to
cease."
Resolved, That we indorse the resolution
known as the McClekxaxd resolution, which is
as follows: 'That this House pledge itself to
vote any amount of money and number of men
which may be necessary to secure the speedy
and effcctu.il suppression of said rebellion, and
the permanent icetoration of the federal author
ity evciywhcre within the limits and jurisdic
tionof the United States."
Rcsohed, In the language of the lion. Joseph
Holt, we are "for this Union without condi
tions, one and indivisible, now and forever for
its preservation at ilny and every cost of blood
and treasure, against nil its assailants, and
against any and every compromise that may be
proposed to be made under the guns of the
rebels."
Resolved, That this Convention give their
hearty suppoit to the present Administration in
its endeavor to crush out the rebellion now exist
ing in our country.
Resolved, That when the authority of the
Federal Government shall have been rc-tstnb
lished, and peaceful obedience to the Constitu
tion and Laws prevails, Ave shall be read' to
confer and co operate with all loyal citizens
throughout the Union, in Congiess or in Con
vention, for the consideration of all supposed
grievances, the redress of all wrongs, and the
protection of eery right, 3'ielding ourselves, and
expecting all othcro to yield to the will of the
people, constitutionally and lawfully expressed.
Resolve J, That we will not inquire into the
distinction between those men at the South, who
are in open rebellion against the Government,
and only ask "to be let alone," and those men
at the North who believe ' the prosecution of
the war should be accompanied with the most
liberal offers of pence ;" and consequently we
denounce the resolutions passed b- the Conven
tion held in Junction City on the third of Sep
tember, 1SG1, as base in their conception, ruin
ous in their tendency, disgraceful to our district,
and, if carried out, destructive of all our inter
ests, and that we will prove bv our votes at the
coming election, that our district repudiates the
resolutions, and the candidates connected with
them.
-- m
Tiie Abiding Faith of a Patriot.
Joseph Ilolt, in a private letter says
"Dark as arc the clouds upon our skr, and
long and anxiously as we have watched for
the light to penetrate them, my faith in the
ultimate triumph of the government remain?
unshaken. If I did not believe that our
beniGcent and glorious institutions would
survive the atrocious treason by which they
are now so remojselessly assailed, 1 would
pray for the mountaius to cover tiic and for
the grave to open at my feet."
XSy Barrow, in his viait to Iceland, men
tions a curious hut effectual plan iu practice
among the Icelandeis for tying horses, which
is believed to he peculiar to the Inland.
They tie the head of one horse to the tail
of another, and the head of this one to the
tail of the former. Under these circum
stances, if the animals arc disposed to
move, it will only bo possible in a circle,
and even then there mut be au agreement to
turn their heads the same way. American
Journal.
Iluuous ok the War. Private Xo
83 They're coming darn em be yon
scared? Private Xo. 8-1 (mathematically
inclined) No; there's only one killed to
every six hundred shots fired in battle, and
there ain't five hundred rehels in that
crowd."
Short and Jo the point, but scarcely equal
to one of Captain Tyler's company who
wrote to a relative thus: "Dear Drothei
I have icad my Bible through j send me
another; also a fine comb uiid a cake of
soap."
" Hurrah !" A great many people
Lave shouted "hurrah," many a time, but
comparatively few, however, know is deri
vation and meaning. The same word, and
for the same purpose, is used all the world
oyer, and originated among the eastern na
tions, uheie it was usrd as a war cry, from
the belief that every man who died in bat
tle for his couutr-, went to Ileavcn. It is
derived from the Sclavonic word IIu raj
which means "To Paradise."
- ----
Large Gas House. A lady in an om
nibus at Washington, espied the great un
finished dome of the Capitol (which don't
look much like a dome at present), and said,
innocently, "I suppose those arc the 'a
works?" a "
" Yes, madam, for the nation," was the
reply by a fellow passenger.
p-The iew York Tribune thinks that
a Luropean recognition of the Southern
Confederacy would raise the price of Con
federate bonds to fifty or seventy five cents
per bushel.
IS- " "What is the meaning of lost in
French ?" said a cabdrivcr to a foreign gen
tleman. " Perdu," answered the 'gentle
man. " Well, then, your trunk is perdu,"
said the cab-driver.
B, The amount of forage issued b' the
Government daily for use iu Washington
and vicinity, is of hay 215 tons; of graiu,
180 tons.
SST It is an old proverb that boys will
be, boys' Whnt a pity it isn't equally
.true that men will be men.
If, after administering the oath of
allegiance to a Secessionist, you bang him
on the spot, he won't break it."
m m
Parson Brownlow is still fighting for
tbe Unioi in Tennessee.
NOTICE f
To the -Electors of theState of
Kansas.
It becomes my duty toslay before the voters
of this State the following " Bill on TJauking,"
for their approval r rejection, at the general
Election in November, 18GL, as according to
the Constitution of K.ansas, "Article XIII,
Section 8," no Banking Law shall be in force
until the same shall have been submitted to a
vote of the electors of the State, at some gen
eral Election, and approved bv a majority of
all the votes cast at such Election.
J. W.ROBINSONv"
Secretary of State.
AN ACT
To authorize the Business of Banking. -
Be it enacted hij (lie LegiilatiU'C of the
SVu tc of Kit sus : '
Ffctiox 1. That it is hereby made the duty
of the Auditor of State, on application of nuv
person, or association of persons. wishing to
organize under thi3 act, tov cause to be en
graved aud printed, in the bet manner to
guard against counterfeiting such quantity of
(ircnl.uiug notes, in the .similitude of bank
notes, in blank, of the dslR-rei t denominations
hereinafter authorized to be issued. as- may,
from time to time, " c needed to meet the
demands of those organizations- lor the pur
pose of banking; and all neccfcsniy expenses
in j r'.cnrh.g fcuch circulating notes, in blank,
shall be charged to, and paid by, the banker
or banking1 association, at whose solicitation
and for which the same, are furnished.
Skc. 2. Such bank notes, in blank, so pro
cured as aforesaid, shall be of the denomina
tions usually issued by bank3, from one dollar
to one hundred dollars, but such notes shall
not be of any intermediate denomination bel
tween one and two, two anil three, tnrco anu
five, five and ten dollars, ten and- twenty,
twenty and fifty, or fifty and one hundred
dollars.
Sec. 3- Such blank circulating notes shall
he countersigned by such Auditor of State,
aud numbered and registered in proper.books,
to be kept for that purpose, in Lis ofhec and
under his direction, by the Auditor himself,
or such person or persons as the Auditor shall
appoint, so that each denomination of such
circumlating notes bhall be of the same simili
tude aud all bear the uniform signature of
such Auditor of State and Register.
Src. 4. Whenever any person or association
of persons, formed for the purpose of banking
under the provisions of this act, shall duly
assign or tiansfcr, in trust, to the Auditor of
this State, any portion of the public stocks
issued, or to be issued, by the United States,
or the stocks of the State of Kansas, said
stocks to be valued at a rate to be estimated
and governed by the average rate at which
such stock3 are sold in the city of New York,
at the time when such stocks may be left on
deposit -with the Auditor of State, such person
oi association of persons ehall be entitled to
receive from the Auditor an amount of such
circulating notes of different denominations,
registered and countersigned, equal to and not
exceeding the amount of public stocks assigned
and transfer! ed as aforesaid ; but such public
stocks shall, in all cases, be, or be made to be,
equal to a stock producing six per cent, per
annum, and it shall not be lav:ful for the Aud
itor of State to take such stock above it3 par
value, nor aboc its cuirent market value in
the city of New York, on the stock exchange,
at the time of deposit by such person or asso
ciation of persons. If at any time the stocks
assigned and transferred to the Auditor of
State for circulating notes, or any part thereof,
shall depreciate in value in the New York mar
ket, the Auditor of State shall reduce the rate,
at which the same shall be continued to be
held as securities, and require such banking
association or b-mker owning such stocks, to
make up the deficiency with such additional
stocks, as required by this act, to be trans
fcrred and assigned as aforesaid, or such bank
ing association or banker may make good such
deficiency by returning to the Auditor of State
such amount of bank bills, previously issued
to him or them, as shall be equal to the defio
ciency of securities created oi caused by the
depreciation of said stocks held as security as
aforesaid ; Provided, That if, in the opinion of
the Auditor and Governor, any stocks offered
shall be deemed insecure, they shall not be
received as such securities under the provis
ions of this act.
Si.c. 5. Before anv bank shall receive from
the Auditor of State any circulating notes, as
provided in section four of this act, the stock
holders thereof shall give to the Auditor of
State good and sufficient bonds, to be approved
by him, to the amount of one-fourth of the
notes that said bank shall receive, and the
stockholders thereof shall file, with the Audi
tor, a certificate, to be attested by the oaths of
the President and Cashier of such banking
association, that ten per cent of the capital
-tuck of such bank is paid in specie and on
deposit, and shall rcmaiu in the vaults of said
bank as an additional security to indemnify
the bill holders against any loss that may be
sustained, in case the other securities deposited
with the Auditor of State shall be insufiicicr.t
to redeem said bills.
Sec G. The bills aud notes so fo be coun
tersigned aud registered, the payment of which
shall be secuicd by the transfer of public
stocks, shall. have engraved upon their face the
words. " Secured by pledge of public stocks,"
and the place where the same were issued.
Sec. 7. The Auditor may give, to any person
or association of persons, so transferrin" secu
rities in pursuance of the provisions of this
act. power of attorney to receive interest or
dividends thereon, which said interest or divi
dend tuc.h person or association of persons may
receive and apply fo 'heir own use ; but such
power may be revoked upon" such person or
association of persons failing to redeem the
banking notes so issued, and the Auditor of
state, upon application of the owners of such
transferred securities in trust, may, in his dis
cretion, change or transfer the same for other
securities of the kind specified before in this
act, or may transfer the said securities, or any
part thereof, upon receiving and cancelling an
equal amount of such circulating note1? deliv
ered to hira by such, person or association of
persons, in such manner that the circulating
notes shall always be secured in full, as in
this act provided.
Sec. S. The notes and bills discounted or
purchased, moneys loaned, and all other prop
em, effects or dues,. of every description, of
all banks or banking associations, organized
under the provisions of this act, shall be as
sessed and taxed in tho city, ward, village or
town wnere tbe same is, located, for all State,
county, town, school and corporation purposes,
in the name of such bank or banking asso
ciation, t the same extent and under the rev
enue laws, the same as the property of Indi
viduals Sec. 9. Any person or association of nersons
may establish offices of discount, deposit and
circulation, and become-iicorpbrated upon the
terms and' conditions, and subject to the nu
bilities prescribed in this act ; but the aggre
gate oi me capum stocx oi sucn establishment
shall not lie less tian tweutyfive thousand
dollars : Provided, That no such office shall
be esUblished in any town containing less than i
tiro hundred inhabitants. :
Sec 10. Such person or association of per
sons, under their hands and seals, shall make
a certificate which bhall spccify.first, the name
assumed todistinguhh the bank' to 'be -established
pursuant to this- act, and to be used in
all its dealiug-", which name shall not be that
of any other ibAiik" in. this? State ; second, the
place where the business of discount or deposit
of such batik is to bet carriedon, designating
the particular city, town, tillage, and county";
third,- the-amount of capi'alstock-ofatuclibank,
and the nuniber of Shares itvtowhicli"ifre same
shall be divided ; fourth, the name, and place
of residence of the shareholder or sharehold
ers in such bank, and the number of shares
held by them respectively; fifth, the period atj
which sucn oauK snail commence, wnicn ccr
tificatefshall Dcacknowledged andrccorded in
the office of'theVegi'ter of "deeds of-the county
where the office of such bank may be estab
lished, and a copy thereof shall be filed in
the office of the Auditor of State, and. upon.
the recordiug-of such certiGcate,-the person or
persons aforesaid "shall b"ec3tnca 'bodypolittc
and corporate, by the name assumed as afore
said, and by such name shall have power to
contract aud be contracted with, sued and be.
sued, auuT&hall 'hayc all oJIidt povversQjiivi
leges and immunities incident to corporations,
and applicable to the , end of such establish
ments, subject to the provisions and.festrictious
of this act.
Stc 11. A copy 'of the certificate required
by the next preceding sections, duly certified'
by the" register -of deedd 6f tho" county, or by
the Auditor of State, may be used as evidence
in all courts "for or against such bank-orany
person or persons for or against whom -any
such evidence may be necessary, whether on
civil or criminal trial.
Sec 12. Such person or association of per
sons shall have power to carry on the business
of banking, by discounting bi'ls, rotes and
other evidences of debt bj' receiving deposits,
by buying and se
filing gold ahdsilvef bullion,
foreign coin, and foreign and inland bills of
exchange, by loaning money on real or per
sonal securities, and by exercising such inci
dental powers as may be necessary to carry on
such business ; may choose one of their num
ber as president, and appoint a cashier and
such other ofiicers as their business may re
quire, and to remove such president, cashier,
officers and agents at pleasure, and to appoint
others in their places : but no such association
or banker shall commence the business of
banking under this act, until such association
or banker shall have deposited with the Aud
itor of State the securities required by this
act.
Skc. 13. The-sharcs jnsuch bank shall be
deemed personal property, aud shall' be trans
ferable on the books of the bank iu such man
ncr as may be agreed upon in the article or
ganiz;ng such bank, and every1 person becom
ing a stockholder therein, shall, in proportion
t his iatercst, succeed to all the rights aud be
subject to all the liabilities of prior share
holder or shareholders; no change -shall be
made in the articles organizing such bank,
whereby the rights, remedies or securities of
existing creditors shall be in any way im
paired, and any association constituting such
bank shall not be dissolved by the death or
insanity of any one of the shareholders therein.
Sec 1 1. If the maker or makers of any such
circulating note or notes, countersigned and
regfstercd as aforesaid, shall, at any time here
after, on lawful demand, during the usual
hours of business, at the place where such
note or cotes is or arc1 made payable, fail, or
refuse to redeem such note or notes, in the
lawful money of lhe Uaited States, the holders
of such note or notes making such demand
may cause the same to be piotested, for non
payment, by a notary public under his official
seal; but the maker or makers of such note or
notes shall not be hablo for tho expense of so
protesting the same, unless, on iuch demand
and refusal so to redeem the same, he or 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 protesting the same, forthwith for
ward notice of such protest to the Auditor of
state ; the notary making such protest shad
certify in his nctice of protest ,the number of
nojtes on which saidjnyingwas'refuesd, and dc
scribe them by their numbers and. letters, ai.d
shall also certify to the aggregate amount of
said notes ; the Auditor of State on receiving
and filing in his office such"- protosr, JLogether
with such note or notes as aforesaid, shall
forthwith give notice, iu writing, to the maker
or makers of i-ucli note "xr nOroV, to pay the
same ; and, if they shall omit to do so for twen
tr days after such notice, the Auditor shall im
mediately thereupon, unless he shall be satis
fied there is a good and legal defense against
the payment of such note or notes, give notice
that all the circulating notes of such person or
association of persons acd countersigned and
registered as aforesaid, will be redeemed out
of the trust funds in his 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 ; aud the Auditor of
State shall be required to npplj the said trust
funds, belonging to the maker or makers of
such protested note or notes, to the payment
of all circulating notes, whether protested or
not, put iu circulation by the maker or makers
of such protested note or notes, puisant to the
provisions of 4his act, and to adopt tuch niens
uiesfor the payment of such notes as will, in
Ida opinion, most effectually preveift-loss to
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 iu a "newspaperprinted
at tho scat of government of this State, and in
a d lily newspaper printed in the city of N;ew
xork, proceed to sell, at the Merchant s Ex-
cuangc, iu uic iriiy vi i.v lort, at iiuoue
auction, the securities so pledged, and, out of
the proceeds of such sale shall pay pro jrnta
and cancel all bills and notes which have been
issued and put ih circulation by such bank
under the provisions of this act but nothing
in this act contained shall be considered as
implying any pledge on the paTEftt Jhis State,
for the pajment of such hills or notes, beyond
the proper application of the securities pledged
to the Auditor of State jor Ihcir redemption.
Sec 15. Such bank or banking association
shall be liable to pay the holder of' every bill
or note put in circulation as money, the pay-.nirnt-of
which shall have been demanded and
iefuscd, at the banking house or" usualplace
of business of such association or bankers,
damage. foe nonpayment the'reof, from the
time of such refusal uutil the payment.of such
eidence of debt, and damages thereon!
Sec 10. It shall not be lawful for the Audi
tor of Mate, or his deputy, to countersign tills
or notes-.for-fcny association, r- banker to an
amount In fLe aggregate "exceeding the secu
rities at their value, as -before provided in this
act, deposited with,him in trust by such asso "
ciation or banker, or to tisexrr dispose of such
securities in any znannar other" than provided
for ia this act; and any Auditor of State, .or
deputy, w.hp shall violate the provisionsNjf this
fjectioa, suai:, upon convicnon, oo deemed
guijtyof a misdemeanor, and be punished by'
a. fine not lessthat five thousand -dollars orbe
imprisoned- not less than, fire jearsriB the
State's prison, or by both such fine" and im-
prisonment.
crc. 1. It Ehall be lawful for any person or
association .of persons organized under the
provisions of this a, by Ms'pr their articles of
association, prgyide for'an increase of their
capital "slock and of the' numbersJdf sucVasso
cUULan,roni time to lime, astheymayJhiuk
proper. .,.."
Sec 18. Contracts-maa oy.&ny nanK or
binkine associations established under tbe pro
visions of tfialaclAurOOl netes jot bills issued
and put, ini circulation as ,inoneyv shall J)e
sTgn&Cby the president jindcashierj' thereof,
and all suits, actions and proceedings brought
or prosecuted by and in behalf bf such bank or
banking association, shall be brought and
prosecuted in the corporate name mentioned in
the certificate made and filed as hereinbefore
rnuired.
T3ec 19 It shall be lawful for. such bank or
banking association to purchase, hold and con
vey real estate, for the following purposes
first t Such as shall be necessary for its Im
mediate accommodation iff'the convenient tran
saction of its business. Second, Such as shall
be mortgaged 'to it" "in good faith by way of
security for loans made by, or money due to,
such bank. Third, Such as shall be conveyed
to it in satisfaction of debts previously con
tracted in the course of its dealings, fourth,
Such as It shall acquire by sale" on execution
or decree of any court in its favor The said
bank shall not purchase, hold or convey real
estate in any other case, or for any otner pur
pose whatever, and aU conveyances of such
real estate shall bo made to the corporations,
and which real estate the proiident and cashier
may sell -assign, grant or convey, under the
direction of the association, free from any
claim thereon in favor of or against the shares
holders or any person claiming under them.
Slc 20. The president and cashier of every
bauk formed pursuant to the provisions of this
act; shall, at all times, keep a true and correct
list of the names of all the shareholders of
such bauk, with the amount of stock held b
eich, thc'timcs' of transfer and to whom trans
ferred, and shall file a copy of such list inihe
office of the register o& deeds of the county
wherein such bank may be located, and, also,
in the oflicc of the Auditor of State, on the
first Monday in January and July in each
year, and the stockholders in each bank shall
be individually liable iu amount equal to dou
ble the amount of stock owned by them, for all
the debts of such bank, and such individual
liability shall continue for cne year after any
transfer or sale of stock by any stockholder or
stockholders.
Sec 21. In the event of the insolvency of
any bank established under the provisions of
this act, the billlioiuers tnereoi snail ne enti
tled to "preference in payment over all other
creditors of such bank.
Sec S2. It shall not be lawful for any bank
formed under the provisions of thw act to
make any of its bills, or notes to be put Iu cir
culatiou as mone', payable Jit any other pluce
than the office where the business of the bank
ib carried on and conducted, nor to issue of
the same at any other place, and said bills or
notes shall be made payable on demand and
without interest.
Sec 23 "When the owner or owners of any
bank, desirous of relinquishing the banking
busine.-s, shall notify the State Auditor of such
intention, then, and in such case, it shall be
competent for said bank or bankers to ledeem
and deposit with the Auditor of State, from
time to timo, any amount of their circulating
notes which may have been issued to said
association, bank( or bankers, in sums, how,
ever, not loss than one thousand dollars at an
one time, aud to receive therefore and wit
draw an equal amount of securities by them
deposited with lhe Auditor of State; but no
bank shall continue to transact any business
whatever, further than what may be require 1
to close up after their capital stock, securities
or circu'.atiou shall have been reduced to less
than twenty-fiTe thousand dollars, nor iu any
case after two yeais from the date of siid
notice of intention to relinquish and close up
heir banking business, as aforesaid; and
whenever the retiring bank or bankers shall
desire to wtihdraw all the securities heretofore
lodged with tue Auditor of State they may do
so, by producing and filing with the Auditor of
State a certificate of deposit to his credit, in
such bank as he shall approve of, an equal
amount with the circulating notes of such bank
or banks then remaining unredeemed, and the
Auditor of State, on being satisfied of such
deposits, and of .the sufficiency thereof, shall
give up nil the remaining securities heretofore
deposited by such bank or bankers for the
redemption of the circulating notes issued.
Sec. 24. Such banking association or bank
er, after haxiug complied with the provisions
of the last preceding section, shall give notice,
for two years, in some newspaper printed iu
the county where such bank shall have been
located, and in a paper printed at the scat of
government of this State, that all circulating
note? issued bysuch banking association or
binker must beTpresented at the -Auditor of
State's office, within two years from the date
oi such notice, or that the funds deposited for
the redemption of the notes will be given up
to the banking, association "or banker, and, on
receiving satisfactory proof of the giving of
such notice Tor the time aforesaid, the Auditor
of State shall surrender to the order of such
banking association or banker, any securities
which he may hold for the payment of any
unredeemed notes of the said banking associa
tion or bankcis.
Sec 25. Any banking association or banker
wishing to withdraw any of the securities by
them deposited with the Auditor of State, may
do so by depositing an equal amount of the
circulating notes which may have been issued
to said association or banker by the Auditor
of State, in sums' of net less than one thousand
dollars; Prcyided, That the amount of secu
rities,thus withdrawn by deposits of said cir
culsting-'hotesvenall not reduce the amount of
stock securities remaining in the hands of the
Auditor of State, to less than twenty-five
thousand dollars.
Sbc 2G. 'The securities to be deposited with
the Auditor, of State, in trust, by any assooia
donor banker, shall be held by him exclu
sively, for the redemption of the bills or notes
of such-bank, put dn circulation as money,
until the fiime are paid and turned to the
Auditor of State, as, provided in this act; but
the Auditor of State may assign said securities
to said association or banker transferring the
iame,.upon receiving therefor equivalent secu
rities, or-aa equivalent amount in circulating
notes issued, by such bank7 as provided in sec
tion twenty-five of thi3 act.
Ec 27. All 'circulating notes of banks or
banking associations, returned to the Auditor
of State, shall be 5estroyed by him in the
presence of the Governor and an authorized
officer oi" the bank, after be shall' have made a
rCcofd 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
uj mmaciuui registering circmauug uvkb.
Sec. 28. It shall be the dutv of the Auditor
of State to Teceive "mutilated circulating' notes
issued byjhinl, and after making record of
them; their denomination 'and 'atsount, to ile
liTerJ;in lie thareot-circulaturt ftoMT to the
saiTe amount l , " -' - .
" Sec. 29. Tfie bills "or notes 'of-anybank or
bankinz association shall be. at all times, re-
ceivedrby tHe"1 same' in payment of'aJI debt
f duetto such bank or banking association.'
btc. W. If the declared capital olany nan
in association shall be reduced f3r any pur-
pose whatever, while any debts cf the associa
tion remained, unsatisfiedno dividend or profits
inthe shares of the capital stock of the asso
clatToL shall thereafter be made, until', the
deficit of the capital shall be made good, cither
by subscription of the shareholders, or out ot
the subsequent accruing profits of the asso
ciation ; and, if it shall appear that any such
dividends have been made it shall be the duty
of any judge of the district couit of the county
in 'which said bank is located, on application
of any person in interest, to make the neces
sary -orders and decrees for the closing of the
affairs or the association, and distribute its
property and effects among its creditors and
shareholders.
Sec. 31 The ofiicers or agents of iy bank
icg association or banker, who shall pay out
to be put in circulation ns money in this State,
any bill, note," certificate or deposit, or other
paper having the similitude of a bank note,
knowing tho 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
sions, shall, for each offense, upon conviction
thereof, be adjudged guilty of misdemeanor,
and shall be punished by a fine of not less than
one hundred dollars, or by not less than three
nor more than twalve months imprisonmenr, or
both by fine and imprisonment
Sec 32. Such bauk 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, accordiug 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 33. Every bank or banking association
shill, on the first Monday of January, April,
July, aud October, in every year, after hav
ing commenced the business of bankiug as
provided in this act, make and transmit to the
Auditor of State a report, which shall be made
on oath of the president and cashier, and shall
contains a 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 bunks, real estate, specie, cash items
stock and promissory notes, bills of solvent
banks, loss, expense account, capital, circula
tion, amount due o depositors on demand,
amount aue not ii.cludcd under either of the
above heads. And it shall be the duty of the
Auditoi of State to collate and publish said
report once, in some newspaper printed at the
seat cf government and iu the county in which
said bank or banks are located, and the ex
pense thereof shall be defrayed 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 iu the publication of its report, when
they shall be demanded by him, it shall for
feit aud pay the Auditor of State the sum of
one hundred collars, to bo applied by him
to the expense of publishing the quarterly
reports ; aud the Auditor of State is author
ized to collect said forfeiture in his name, upon
his application to any courtof competent juiis
diction, in the county where such delinquent
bank ni-iy be located The Auditor of State
shall also transmit, annually, to the Legisla
ture, tt the commencement of the session, n
condensed summary of all the item3 reported
to him by all the banks, which summary, veri
fied by his oath, shall contain a tiue aud cor''
rcct statement of the condition of all the bank
in the State at the time of making of their
last report.
Sec 31. livery Lank and banking association,
formed under the provisions of this act, shall, an
nually, ou the first Monday of January, in each
year, cause to be" published, for six successive
weeks, in one public newspaper printed iu the
county in which suck bank may be located, and
in some newspaper printed at the seat of govern
ment in this Suite, a true and accurate 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 said bank, which, at the date of such state
ment, shall have remained uncliimed by any
porsoji or persons authorized to receive the same,
for two years then next preceding.
Sec 33. Such statcmcntshall set forth the time
that every such deposit was made, its amount, the
name and icsidence, 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 evi
dence of indebtedness of any such bank or bank
ing association.
Sec 3G. All plates, dies, and such like mate
rials, of aud peculiar to any individual bank or
banking association, which shall have closed
business, either by its own voluutary 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 37. It shall be the duty of the Xegislature,
annually, to elect a joint committee, whose duty
it shall "be to examine the securities deposited in
the Auditor of State's office, by banking associ
ations 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 38. Every officer, agent or -clerk of any
bankinir association or banker authorized by this
act, who shall wilfully and knowingly subscribe
or make any taiae statements oi wets, entries in
the books of such person or association, or shall
knowingly subscribe or exhibit false papers, with
the intent to deceive anv person authorized to
examine as to the condition of such bank or as
KrMinfion. or shall willfullv or knowintrlv sub
scribe and make false reports, shall be deemed
guilty ot laj misueaieanor,uni suaii uc suujectea
to imprisonment nt hard labor, in the State's
prison, for such term, not less than one year nor
more than ten years-, as the court trying him shall
designate, and, likewise, any commissioner, ex
aminer orothenofficer, willfully and knowingly
subscribing or making any false report, shall be
deemed suiltr of a misdemeanor, and be sub
jected to like penalties.
Sec j:. Hie Auaitor oi aiaiesuau, ueiorc en
tering uton the duties prescribed by this act, ci ve
to the State of Kansas a bond in the penal sum of
fifty thousand dollars, with not less than nve
sureties, to be approved by the Governor and Sec
retary of State, conditioned for the faithful dis
charge of all the duties of his office, provided for
nml incumbent -unon him under this act, and de
posit the same in the office of the State Treasurer;
and the" Auditor of State shall not be directly
nni-innractlv Interested in any bank or banking
association, or as an individual banker.
Sec 40. Any banker or banking association
that shall organize under this act, shall be re
quired to pay the Auditor of Statefor the service
I)erformed iv-him or -under his direction, in be
lalf of such "banker or" banking association, ac
cording to the provisions thereof, one-half of one
per cent on the amountof circulating notes coun-,teigiel-aHd
registered as hereinbefore provided,
and 'may require the same to be paid at'the time
of the -deli verof such 'notes.
Sec. 41. Ih case the securities deposited with.
tixe Auditor of State, to sure the redemption of
the. circulating- notes of any baak, shall be sold
in puroaauccui tuerai uirumeHlS BCreOI, One-eigUUl
of one per cent, on the amount received 'lor the
same, shall be allowed the Auditor of State for
his services in selling the stock and redeeming
the notes of such bank, and thr mr.f r ,.
per centoge, together with all necessary expenses
incurred in advertising ami selling !. Jt,T
shall be audited by the State Treasurer, and on
usceruncaua uie Auditor of State may deduct
the same from the proceeds of such sale
Sec. 4-. Any person or arsons violating anv
of the provisions of this act, not hcreinbefoS .
!? T1"0" for, shall, upon convictiou
hrtfyifinlf not less than fifty dollar,
br more than five hundred dollars, for iacli and
every offense, to be recovered before any cSurt
having competent jurisdiction ; and all fi Jes and
Suryl S KC0VerCd ShaU intothSKS
Sec 43. This act to be published m one news
paper in each county in this State, where prac
ticable, and in one newspaper published at the
Capital. Tor six weeks previous to the next gener
al election, and to be submitted to a vote of the
electors of this State at the wni Jl: .T
be in force from and after its approval by the nui
lonty of the votes cast at such election. The bal
lots used at said election shall bo written or nrint-
cu, as ioiiows : tor Ranking Law," or " Against
Bankm- Law," as the case mav bo, aud the re
turns of such election shall be made iu accord
ance with the election law of this State.
ArrnovED, June -1th, 1SG1.
Secretary of State's Office,
ti it Topeka, Sept. lGili, 1S61. 1
I hereby certify that the iil.r. w n ., '..
of the original Enrolled Bill, as filed in mv of-
ncc.
JOHN W. ROBINSON,
Secretary of State.
THE PRESS.
JOHN W. FORNEY, Editor and Puoi'rietck.
Tublication Office, 417 Chestnut street,
PHILADELPHIA.
The following are the terms of the several
editions :
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ble in advance.
Weekly Press containing general newj,
editorial, markets, &c is issued every Wed
nesday. Single copies, $2 per annum, iu advance,
Three o u
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, HARPER'S WEEKLY.
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