identified or separated therefrom by the owner, the rule of the common law applicable to the case of a wrongful and fraudulent confusion of goods shall govern in determining the right of property in respect to said logs and timber. $82. (SEC. 40.) Accidental intermingling of logs-rule to govern. In cases where logs or timber bearing the same mark, but belonging to different owners in severalty, have, without the fault of any of them, become so intermingled that the particular or identical logs or timber belonging to each cannot be designated, either of such owners may, upon a failure of any one of them having the possession to make a just division thereof after demand, bring and maintain against such one in possession an action to recover his proportionate snare of said logs or timber, and in such action he may claim and have the immediate delivery of such quantity of said mark of logs or timber as shall equal nis said share, in like manner and with like force and effect as though such quantity embraced his identical logs and timber and no other. TITLE 8. THE ESTABLISHMENT AND REGULATION OF DAMS FOR SLUICING LOGS, TIMBER AND LUMBER. § 83. (SEC. 41.) License, when and to whom granted. The board of county commissioners may grant a license to any person applying therefor, to construct and maintain a dam or dams across any stream within their respective counties and counties thereto attached for record or judicial purposes, for the purpose of raising a head of water sufficent to sluice logs, timber or lumber, upon being satisfied that such sluice-dam is necessary at the point applied for, and that the land on both sides of the stream is in the possession or under the control of the person so applying for a license. (As amended 1877, c. 39, § 1, which in terms amends 1861, c. 50, § 1, which is identical with Gen. St. c. 32, § 41.) § 84. (SEC. 42.) License when stream runs between two counties. In all cases when the stream across which a license for a sluice-dam is sought runs between two counties, the board of county commissioners of either county have as full jurisdiction in the premises as though the stream was wholly within the county of which they are commissioners. And when the board of county commissioners of either county have exercised jurisdiction under this title, and have granted a license thereunder, the county commissioners of no other county have any power to exercise any jurisdiction over the same. $85. (SEC. 43.) Licenses, how executed. All licenses granted under the provisions of this title shall be sealed with the seal of the board of county commissioners and signed by them, attested by the county auditor, and may be granted for a period not exceeding six years. § 86. (SEC. 44.) Notice of application for license to be posted. All persons intending to apply for a license at a certain point shall give notice of their intention by posting up at least three notices in public places at the county seat, and in the office of the surveyor general of logs of the district where the logs running from the place where such dam is proposed to be built, are required to be scaled, or if it is proposed to build said dam in an unorganized county, the said notices shall be posted up at the county seat of the county to which the same is attached for judicial purposes, and the said notices shall be given twenty days prior to such application: provided, that when application is made for a renewal of a license, when the former license has expired, the same may be granted or renewed without previous notice. $87. (SEC. 45.) Licenses, when granted-bond of licensee. The board, being satisfied that for the general interest of those engaged in the lumbering business a sluice-dam is needed, and that the applicant is a suitable person to build and maintain it, shall grant the license, which, however, shall not become valid until the applicant files a bond with sureties, to be approved by the board, in a penalty not less than one thousand dollars, with a condition that he will construct and maintain such dam with all reasonable diligence and skill, for the purpose of sluicing logs, timber and lumber, and to facilitate the driving of the same on such stream, and with such further special conditions, relating to the construction and operation of such dams, as the case requires. $88. (SEC. 46.) Rate of toll to be established-limitation. Whenever a board of county commissioners of any county grant a license to construct and maintain a sluice-dam across any stream within their jurisdiction, the said board shall establish the rate of tolls, which may be demanded for the sluiceage of logs, timber and lumber; but the tolls for each dam shall not exceed the sum of six cents per thousand feet so sluiced: provided, that at the Snake river dam in Pine county, the said toll may be ten cents. (As amended 1877, c. 39, § 2, which in terms amends 1861, c. 50, § 6, which is identical with Gen. St. c. 32, § 46.) $89. (SEC. 47.) Lien for tolls-enforcement of lien. All tolls chargeable under this title for sluicing logs, timber and lumber, shall be deemed due and payable as soon as said logs, timber and lumber are sluiced, and for the payment of the said tolls, the proprietor of the sluice dam has a complete lien upon said logs, timber or lumber until the said tolls are paid. And when said tolls so due for sluicing logs, timber or lumber, are not paid on demand by the owner thereof, the proprietor of the dam through which the same have been sluiced, is authorized and empowered to take and sell a sufficient quantity of the logs, timber or lumber, at public auction, to pay the tolls so due: provided, that written or printed notices of the sale shall be posted up at the office of the surveyor general of logs and lumber of the district, and at the county seat of the county in which said property is seized. SECTION. CHAPTER AXXIII. BANKS AND BANKING. SECTION. 1-3. Bank-notes, how prepared-denominations 35-36. Unclaimed deposits and dividends-state-to be countersigned, etc. 4-9. Securities for circulation-how to be valued 37. ments to be published. Destruction of plates, dies, etc. 38. 39. 40-42. Examination by committee of legislature. 43-44. 47-49. 50-51. 15-16. Protest and proceedings on failure to re- 62. 63-64. 32-34. Penalty for issuing illegal currency-rate 65-66. of interest-quarterly reports. Penalties-forfeiture of franchise-action by attorney general-sale of securities. Reorganization of state banks as national banks. Trustees and officers-powers and dutiesmeetings of board-vacancies-removals. General powers and duties of bank-deposits, how to be invested-trustees to be stockholders-bonds of trustees-increase in umber of trustees-their power to make by-laws. Power of bank to hold real estate. Inspection of books by auditor-reports to him-reserve to be kept. Dealings with minors and married women. Savings banks unlawful unless under this act-existing banks-certain banks excepted. Examination by district court-penalty for violation of act. §1. Bank-notes to be prepared by auditor at cost of banks. The auditor of state, on application of any person or association of persons wishing to organize under this chapter, shall cause to be engraved and printed, in the best manner to 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. § 2. Denominations of notes. Such bank-notes shall be of the dimensions usually issued by banks, from one dollar to five hundred dollars; but such notes shall not be of any intermediate number between five and ten dollars, ten and twenty, twenty and fifty, or fifty and one hundred dollars. § 3. Notes to be countersigned and registered. Such blank circulating notes shall be countersigned by the auditor of state, and numbered, and registered in proper books to be kept for that purpose in his office and under his direction, so that each denomination of such circulating notes shall be of the same similitude, and all bear the uniform signature of the auditor of state. § 4. What stocks, etc. to be received by auditor, and at what valuation, as security for banknotes-depreciation to be made good. Whenever any person or association of persons formed for the purpose of banking, under the provisions of this chapter, duly assigns or transfers in trust, to the auditor, any portion of the public stocks issued by any state of the United States, on which full interest is semi-annually paid, said stocks to be valued at a rate to be estimated and governed by the average rate at which such stocks have been sold in the city of New York, at the stock exchange, within six months next preceding the time when such stocks are assigned or transferred to the auditor; or any stocks or securities issued by the United States, bearing interest at a rate not less than five per centum per annum, said stocks or securities to be valued at a rate to be estimated and governed by the rate at which such stocks or securities are sold in the city of New York at the time of the assignment or transfer to the auditor, such person or association of persons is entitled to receive from the auditor an amount of such circulating notes of different denominations, registered and countersigned, equal to the amount of public stocks so assigned or transferred; such state stocks shall in all cases be, or be made to be, equal to stocks producing six per cent. per annum, except as herein provided, and the auditor shall not take any such stocks at a value above their par value, nor above ninety-five per cent. of their current market value at the stock exchange in the city of New York, at the time of such assignment or transfer to the auditor; and if at any time any of the stocks so assigned or transferred depreciate ten per cent. or more in value at the stock exchange in New York, the auditor shall reduce the rate at which such stocks shall be held as securities, and shall require such banker or banking association owning such stocks to make up such deficiency with additional stocks, to be assigned or transferred as aforesaid; or such banker or banking association may make up such deficiency by returning to the auditor such amount of bank-bills previously issued to him, as are equal to the deficiency of security caused by such depreciation. No stocks shall be received by the auditor until the same are submitted to the governor and approved by him; and if, in the opinion of the governor and auditor, any stocks offered are deemed insecure, they shall not be received as such securities under the provisions of this chapter; nor shall any stocks which have been received as aforesaid be withdrawn or exchanged without the joint consent of the governor and auditor. $5. Securities to be indorsed. All securities assigned and transferred to the auditor by any banker or banking association, as aforesaid, shall be indorsed at the time of such assignment and transfer, with a certificate which shall state the time of the assignment and transfer, by whom and for what purpose such security is assigned and transferred, and that the same is not to be withdrawn without the consent of the auditor indorsed theron, and countersigned by the governor. § 6. Duty of auditor when securities become insufficient. Whenever the securities so assigned and transferred to the auditor by any banker or banking association, for the redemption of their circulating notes, shall, in the opinion of the auditor and governor, become insufficient for that purpose, the auditor may receive the interest and dividends on all securities, and shall deposit the same with some safe banking association; the deposit to be made on such terms and at such rate of interest as the auditor and governor determine, and be withdrawn and paid over whenever, in their opinion, such securities are sufficient to warrant it. §7. Securities not to be used to pay protest fees. No portion of the securities deposited, assigned or transferred to the auditor by any banker or banking association, to be used as security for the circulating notes of such banker or banking association, shall be applied to the payment of fees for protesting any of their circulating notes. $8, Notice to be engraved on notes. The words "secured by the pledge of public stocks," shall be engraved upon the face of all bills and notes, the payment of which is secured by the transfer of public stocks. § 9. Power of attorney to bank to receive interest, etc., on securities deposited with auditor. The auditor may give to any person or association transferring securities in pursuance of the provisions of this chapter, a power of attorney to receive in terest or dividends thereon, which person or association may receive and apply to their own use; but such power may be revoked upon such person or association failing to redeem the circulating notes so issued, or when, in the opinion of the auditor or governor, such securities become insufficient to secure their circulating notes as herein before provided; and the auditor, upon application of the owners of such transferred securities in trust, may, with consent of the governor, change or transfer the same for other securities of the kind specified in this chapter, or may transfer the said securities or any part thereof, upon receiving and cancelling an equal amount of the circulating notes delivered to him by such person or association, in such manner that the circulating notes shall always be secured in full, as in this chapter provided. § 10. Banks, where to be established-minimum capital. Any person or association of persons may establish offices of discount, deposit and circulation, and become incorporated, upon the terms and conditions, and subject to the liabilities prescribed in this chapter; but the aggregate of the capital stock of such establishment shall not be less than twenty-five thousand dollars, and no such office shall be established in any town containing less than two hundred inhabitants. § 11. Organization certificate, what to specify-filing and record. Such person or association of persons, under their hands and seals, shall make a certificate, which shall specify: First. The name assumed to distinguish the bank, 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 is carried on. Third. The amount of capital stock, and the number of shares into which the same shall be divided. Fourth. The name and place of residence of the shareholders, and the number of shares held by them respectively. Fifth. The period at which said bank shall commence and terminate; which certificate shall be acknowledged and recorded in the office of the register of deeds of the county where the office of such bank may be established, and a copy thereof shall be filed in the office of the auditor of state, and, upon the recording of such certificate, the person or persons aforesaid shall become a body politic and corporate, by the name assumed as aforesaid, for and during the time fixed in such certificate, and by such name shall have power to contract and be contracted with, sue and be sued, and shall have all other powers, privileges and immunities incident to corporations, and applicable to the ends of such establishments, subject to the restrictions and provisions of this chapter. § 12. Copy of certificate to be evidence. A copy of the certificate required by the preceding section, duly certified by the register of deeds of the county, or by the auditor of state, may be used as evidence in all courts for or against such bank, or any person for or against whom such evidence is necessary, whether on civil or criminal trial. § 13. General powers of banks circulating notes. Such person or association has power to carry on the business of banking, by discounting bills, notes and other evidences of debt, by receiving deposits, by buying and selling gold and silver bullion, foreign coin, promissory notes, mortgages and other evidences of debt, and foreign and inland bills of exchange, by loaning money on real and personal securities, and by exercising all the usual and incidental powers and privileges belonging or pertaining to such business; may choose one of their number president, and may appoint a cashier and such other officers as their business may require, and remove such president, cashier, officers and agents, at pleasure, and appoint others in their places; but no circulating notes shall be issued to any such association or banker by the auditor of state under the rrovisions of this chapter, until such association or banker shall have deposited with such auditor the securities prescribed in the fourth section of this |