Officers shall not endorse

Purchase of stock.

Form of note for discount.

Notice of protest, &c.

Directors and is

sues of the bank.

by the court. Either party shall be allowed a writ of appeal or a writ of error, as in ordinary cases.

SEC. 34. The president, any director, cashier, or other officer of the bank, shall not be an endorser on notes or bills payable to or discounted by said bank.

SEC. 35. The president or any director of said bank may, at any time, purchase any stock or property, real, personal, or mixed, which it may be necessary for the bank to have purchased under any execution, decree or order of sale, or by private purchase or otherwise, to satisfy any debt due or owing to said bank, and the bank may sell or dispose of the same, and make a good title therefor.

SEC. 36. The president and directors of said bank may adopt any form of note they may think proper to be by them discounted, and the consideration of such note, when discounted by the bank or any of its agencies, shall not by any drawer or endorser be questioned in any suit brought upon the same to coerce the payment thereof.

SEC. 37. It shall not be necessary for said bank to give notice of protest of any bill or note by said bank discounted to the drawer or endorser, unless in cases when it is on a real transaction between the drawer or endorser; and in cases where the want of notice shall be urged as a ground of defence in any suit brought by the bank, the defendant shall prove satisfactorily to the court or jury, that the note sued upon was a real transaction, and that the same was not endorsed merely to enable the drawer, or any one else, to obtain credit by such endorsement.

SEC. 38. If the directors of said bank shall at any time put into circulation a greater amount of the issues of this bank than is authorized by this act to be issued, the directors under whose administration it shall happen shall be liable for such excess in their individual capacities, and any creditor of the bank, or holder of its paper, may prosecute a suit at law against them or any of them, their heirs, executors and administrators, for such amount as such person may have been injured by the issuing of such excess, and have payment for the same provided, that such of the directors as may have been absent when such excess was ordered to be issued, or such as being present dissented by their vote from issuing such excess and had their vote so recorded, shall not be individually liable for the same.

SEC. 39. There is hereby established the five following

branches of the said Kansas Valley Bank: one at Atchison, one at Lecompton, one at Doniphan, one at Fort Scott, and one at Shawnee, in Johnson county.

SEC. 40. The said branches shall each have a capital stock of three hundred thousand dollars, and shall be governed and regulated and put in operation in the same manner as provided by this act, and subject to all of its restrictions and provisions; but in no case shall the Kansas Valley Vank hereby chartered be responsible for the acts of the said branches that are established under the provisions of this act; but the books of said branches shall be opened for subscription of said stock in the same manner as herein provided, and the said branches. shall be entirely independent of each other, and independent of the Kansas Valley Bank hereby chartered.

Branches of the

bank.

Capital stock of

branches, &c.

Persons authorized to receive

branches.

SEC. 41. John H. Stringfellow, Joseph Plean, and Samuel Dixon, are hereby appointed and authorized to open books for subscriptions for the subscription of stock for the branch bank at Atchison; Samuel J. Jones, J. C. Thompson, and John Calhoun, for the branch at Lecompton; H. T. Wilson, Samuel A. Williams, and W. W. Spratt, for the branch at Fort Scott; James F. Forman, Patrick L. McLaughlin, and Allen B. Lyon, for the branch at Doniphan; and Thomas Johnson, J. M. Bernard, and M. P. Randall, for the branch at Shawnee; all of which is to be done according to the provisions as herein contained for the Kansas Valley Bank.

Powers and privileges of branch

SEC. 42. The said branch bank or banks which may be established under this act shall be in all things conducted by and es. carried on, subject to all the provisions herein specified in reference to said Kansas Valley Bank, and invested with all the powers and privileges herein granted said bank.

SEC. 43. That five commissioners shall be appointed annually by the legislature, whose duty it shall be to examine the condition of the bank or banks hereby chartered, once a year, and report under oath their condition to the legislature at its next succeeding session; neither of said commissioners shall be in any way interested in said bank.

Commissioners to be appointed.

SEC. 44. The first election for said commissioners shall be Election for combefore the adjournment of the present session of the legisla

missioners.

ture, and hold their office for the term of one year.

SEC. 45. The said commissioners shall have power to exam

Commissioners

cers, &c.

ine the officers of said bank and branches under oath, and to to examine offinspect all books, records, vouchers and deposits of said bank

Directory and re

sidence.

Notes redeemed in gold or silver.

In case of fail

ure to redeem

notes.

and branches, and shall be entitled to reasonable compensation for their services, to be paid by the bank.

SEC. 46. A majority of the directory for any bank or banks shall have been, previous to their appointment or election, twelve months bona fide residents of the territory.

SEC. 47. The notes issued by said Kansas Valley Bank and branches shall be redeemed at their respective offices, at any time during banking hours, in gold or silver; and no bill shall be made payable at any place than at the bank from which issued.

SEC. 48. If there shall be a failure to redeem any of said notes, any judge, in vacation or in term time, may issue, on complaint being made, an injunction to restrain said bank or branches from transacting any further business, and from removing any funds or other property from said bank; and it shall be the duty of the commissioners appointed under the provisions of this act to investigate as soon as may be the condition. of said bank, and if the failure to redeem, in the opinion of the commissioners, occurred either from inability or fraud, said commissioners shall declare the charter forfeited, and report the same to the next legislature thereafter, and publish the same in some newspaper in Leavenworth city for four successive weeks, so soon as said charter shall have been declared forfeited.

This act to take effect and be in force from and after its passage.

Approved February 19th, 1857.

University establish d.

INSTITUTIONS OF LEARNING.

AN ACT to incorporate the Kansas Territorial University.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows:

SECTION 1. An institution of learning is hereby created and established at the city of Kickapoo, in this territory, to be known as the Kansas Territorial University, designed to promote and encourage the diffusion of knowledge in all the branches of learning, including the literary, law, medical and theological departments of instruction.

Names of cor

porators.

SEC. 2. That, for the government of said university, the following persons, to-wit, Wm. P. Richardson, A. M. Coffey, Thomas Johnson, P. M. Hodges, Jesse Connell, A. J. Isacks, Spartan F. Rhea, D. A. N. Grover, Joseph Henderson, J. W. Martin, E. S. Wilhite, C. H. Grover, Joel Hyatt, R. R. Rees, John Broaddus, L. J. Eastin, M. P. Rively, J. P. Carr, H. B. C. Harris, Wm. G. Mathias, C. B. Norris, D. J. Johnson, Wm. H. Tebbs, Wm. F. Dyer, Blake Little and F. J. Marshall, and their successors in office, are hereby created a body politic and corporate, and shall have perpetual succession and a common seal, and in their corporate capacity may sue and be Powers. sued, plead and be impleaded, defend and be defended against, in all courts of law or equity in this territory.

SEC. 3. The persons hereby incorporated and their successors in office shall have all the powers, privileges and immunities whatsover granted in an act entitled "An act to incorporate the Kansas University," passed at the first session of the legislative assembly of the territory of Kansas.

This act to take effect and be in force from and after its passage.

Approved February 19th, 1857.

Rights conferred.

AN ACT to incorporate the Buchanan University.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows:

Buchanan University establish

SECTION 1. An institution of learning is hereby created and established at Tecumseh, in this territory, to be known as the ed. Buchanan University, designed to promote and encourage the diffusion of knowledge in all the branches of learning, including the literary, law, medical and theological departments of instruction.

porators.

SEC. 2. That, for the government of said university, the fol- Names of corlowing persons, to wit, A. M. Coffey, Wilson Shannon, John W. Geary, Rush Elmore, Thos. N. Stinson, J. P. Carr, John Calhoun, Ely Moore, Duke W. Hunter, A. J. Isacks, L. B. Stateler, S. G. Cato, H. J. Strickler, W. O. Yager, Benj. J. Newsome, A. McDonald, and their associates in office, are hereby created a body politic and corporate, and shall have perpetual succession, and a common seal, and in their corporate capa

Powers.

Rights conferred.

city may sue and be sued, plead and be impleaded, defend and be defended against, in all courts of law or equity in this territory.

SEC. 3. All the privileges, rights, powers and immunities. granted in an act entitled "An act to incorporate and provide for the institution and support of a university in Kansas territory," are hereby conferred upon the Buchanan University. This act to take effect and be in force from and after its passage.

Approved February 19th, 1857.

ollege incor

porated.

Names of corporators.

Powers.

May hold real estate.

May fill all vacancies.

AN ACT to incorporate the Breckenridge College.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows:

SECTION 1. An institution of learning is hereby incorporated under the name and style of "Breckenridge College," to be located at or near Lodiana city, in Browne county, Kansas territory.

SEC. 2. For the government of said college, the following persons are constituted a board of directors, under the name and style of "The Board of Directors of Breckenridge College, of Lodiana city," to-wit: W. H. Honnell, Samuel M. Irvine, F. P. Montfort, Walter Lowrie, Robert J. Breckenridge, John Ford, Elijah M. Hubbard, Henry W. Honnell, John M. Scott, John Calhoun, Austin R. Forman, J. P. Blair and James G. Bailey; and in their corporate capacity may sue and be sued, plead and be impleaded, defend and be defended, in any courts of law or equity in this territory or elsewhere.

SEC. 3. The board of directors hereby constituted shall have full power, in their corporate capacity, to hold by gift, grant, devise, purchase or otherwise, any lands, tenements, hereditaments, moneys, goods or chattels, of whatsoever kind, which are or may be given, granted, purchased, devised or otherwise come into their possession, for and to the use of said college, and may sell, dispose of, and convey the same, or any part thereof, or lease, rent or improve in such a manner as they may think best for said college.

SEC. 4. The board of directors hereby incorporated shall have full power to fill all vacancies which may occur in their