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CHAPTER III.

AN ACT to provide for the Incorporation of Cemetery Associations,

How associations may be formed for cemetery ses.

Shall have a corporate name,

divided into thrce classes.

Be it enacted by the Legislature oj the State of Kansas :

SECTION 1. That any number of persons residing in this purpo- State, not less than seven, who may desire to form an associa

tion for the purpose of procuring and holding lands, to be used exclusively for a cemetery or place for the burial of the dead, may meet at such time and place as they may agree, and appoint a chairman and secretary, by the vote of a majority of the persons present at the meeting, and proceed to forin an association, by determining on a corporate name by which the association shall be called and known ; by determining on [the] number of trustees to manage the concerns of the association, which number shall not be less than three nor more than nine, and thereupon may proceed to elect, by ballot, the number of trustees so

determined on; and the chairman and secretary shall, immediTrnstees shall bo ately after such election, divide the trustees, by lot, into three

classes : those in the first class to hold their office one year, those in the second class two years, and those in the third class three years. The meeting shall also determine on what day in each year the future annual election of trustees shall be held.

Sec. 2. The chairman and secretary of the meeting shall, tended the meet within three days after such meeting, make a written certificate,

and subscribe their names thereto, and acknowledge the same before an officer authorized to take proof and acknowledgments of conveyances in the county where such meeting shall have been held; which certificate shall state the names of the associates who attended such meeting, the corporate name of the association determined upon by the majority of the persons who met, the number of trustees fixed upon to manage the concerns of the association, the names of the trustees chosen at the meeting, their classification, and the day fixed upon for the annual election of trustees, which certificato it shall be the duty of the chairman and secretary of the meeting to cause to be recorded in the clerk's office of the county in which the meeting was held, in a book to be appropriated to the recording of certificates of incor

Certificate of the the names who at

ing be acknowledged,

poration.

When they are deemed legally incorporated,

Sec. 3. Upon such certificate, duly acknowledged as aforesaid, being recorded, the association therein mentioned shall be deemed

Powers of the As

.

legally incorporated, and shall have and possess, in its corporate name, the powers of perpetual succession, to sue and be sued, plead and be impleaded, defend and be defended, in all the courts of this State, and may have and use a common seal, and have sociation. power to make such by-laws, rules and regulations as they may deem necessary for their government, and the proper management How the affairs of their affairs. The affairs and property of such association shall he manuged. shall be managed by the trustees, who shall annually appoint, from among their number, a president and vice president, and shall also appoint a secretary and treasurer, who shall hold their places during the pleasure of the board of trustees; and the trustees may require the treasurer to give security for the faithful performance of the duties of his office.

SEC. 4. Any association incorporave under this act, may Treasurer shall take, by purchase or devise, and hold, within the county in which the certificate of their incorporation is recorded, not exceeding three hundred and twenty acres of land. They shall, also, have May hold land not authority to receive gifts and bequests for the purpose of improv- twenty aeres. ing such cemetery. They shall have power to divide the land of the cemetery into lots and subdivisions, for the purposes of the cemetery, and to tax their property for the purpose of its general improvement.

SEC. 5. Such association shall have power to convey, by deed to convey properor otherwise, any lot or lots of the cemetery for purposes of sepulchre. When such lots shall have been surveyed and platted, the survey and plat shall be recorded in the office of register of deeds of the county wherein the same are situated, and shall not shall be recorded. be afterwards changed or altered. All the ground held by such association for burial purposes, while so held, shall be exempt from public taxation. Every lot sold and conveyed in such cemetery, shall be held by the proprietor, for the purposes of sepulchre only, and shall not be subject to attachment or execution.

Sec. 6. All deeds conveying lots in any such cemetery, shall Deeds shall be be signed by the president and secretary, with the seal of the dent and secretacorporation attached. All owners of lots, purchased of any such owners shall becorporation, shall become members thereof, and be entitled to vote in the election of its officers.

Sec. 7. This act shall take effect and be in force from and when to take efafter its publication.

Approved June 4, 1861.

Shall have power

ty.

Survey and plat

signed Presi

come members.

fect,

CHAPTER IV.

AN ACT to authorize the business of Banking,

Auditor shall have engraved notes.

The expenses charged to parties doing business,

What denominations shall be issued.

Be it enacted by the Legislature of the State of Kansas :

SECTION 1. That it is hereby made the duty of the Auditor of State, on application of any person or association of persons wishing to organize under this act, to cause to be engraved and printed, in the best manner io guard against counterfeiting, such quantity of circulating notes, in the similitude of bank notes, in blank, of the different denominations hereinafter authorized to be issued, as may, from time to time, be needed to meet the demands of those organizations for the purpose of banking; and all necessary expenses in procuring such circulating notes, in blank, shall be charged to, and paid, by the banker or banking association, at whose solicitation and for which the same are furnished.

Sec. 2. Such bank notes, in blank, so procured as aforesaid, shall be of the denominations usually issued by banks, from one dollar to one hundred dollars, but such notes shall not be of any intermediate denomination between one and two, two and three, three and five, five and ten dollars, ten and twenty, twenty and fifty or fifty and one hundred dollars.

Sec. 3. Such blank circulating notes shall be countersigned by such Auditor of State, and numbered and registered in proper books, to be kept for that purpose, in his office and under his direction, by the Auditor himself or such person or persons as the Auditor shall appoint, so that each denomination of such circulating notes shall be of the same similitude and all bear the uniform signature of such Auditor of State and Register.

SEC. 4. Whenever any person or association of persons, formed for the purpose of banking under the provisions of this act, shall duly assign or transfer, 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 stocks are sold in the city of New York, at the time when such stocks may be left on deposit with the Auditor of Statė, such person or association of persons shall be entitled to receive from the Auditor an amount of such circulating notes

Bank notes coun. tersigned by Auditor.

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If stocks depreciate circulation shall be reduced.

Insecure stocks

of different denominations, registered and countersigned, equal to and not exceeding the amount of public stocks assigned and transferred 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 lawful for the Auditor of State to take such stock above its par value, nor above its current market value in the city of New York, on the stock exchange, at the time of deposit by such person or association 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 market, 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 banker owning such stocks, to make up the deficiency with such additional stocks, as required by this act, to be transferrel and assigned as aforesaid, or such banking 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 deficiency of securities created or 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 not received. shall be deemed insecure, they shall not be received as such securities under the provisions of this act.

Sec. 5. Before any barik shall receive from the Auditor of Before receivias State any circulating notes, as provided in section four of this is shall give act, the stockholders 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 Auditor, a certificate, to be attested by the oaths of the president and cashier of such banking association, that ten per cent. of the capital stock of Ten per cent shall such bank is paid in specie and on deposit, and shall remain 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 insufficient to redeem said bills.

SEC. 6. The bills and notes so to be countersigned and regis- «Secured by tered, the payment of which shall be secured by the transfer of stocks shall be 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

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bond.

be paid.

pledge of publio engraved on .

.

All banking pro. perty shall pay taxes.

Anditor may give persons, so transferring securities in pursuance of the provisions

of this act, power of attorney to receive interest or dividends thereon, which said interest or dividend such person or association of persons may receive and apply to their 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 discretion, 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 canceling an equal amount of such circulating notes delivered to him 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. 8. The notes and bills discounted or purchased, moneys loaned, and all other property, effects or dues, of every description, of all banks or banking associations, organized under the provisions of this act, shall be assessed and taxed in the city, ward, village or town where the same is located, for all State, county, town, school and corporation purposes, in the name of [such] bank or banking association, to the same extent and, under the revenue laws, the same as the property of individuals.

Sec. 9. Any person or association of persons may establish thousand dollars offices of discount, deposit and circulation, and become incorpo

rated upon the terms and conditions, and subject to the liabilities prescribed in this act; but the aggregate of the capital stock of such establishment shall not be less than twenty-five thousand dollars; Provided, That no such office shall be established in any town containing less than two hundred inhabitants.

Sec. 10. Such persons or association of persons, under their hands and seals, shall make a certificate which shall specify, first, the name assumed to distinguish the bank to be established pursuant to this act, and to be used in all its dealings, which name shall not be that of any other bank in this State; second, the place where the business of discount or deposit of such bank is to be carried on, designating the particular city, town or village and county ; third, the amount of capital stock of such bank, and the number of shares into which the same shall be divided; fourth, the name and place of residence of the shareholder or shareholders in such bank, and the number of shares heid by them respectively; filth, the period at which such bank shall commence, which certificate shall be acknowledged and

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