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SEC. 9. Every borrower from such society of a loan, secured by Payment of loan
in by periodical bond and mortgage or note and mortgage on real estate, in installmer accordance with section eight of this act, shall have the right to repay such loan, together with interest, by certain periodical installments, hereinafter called loan repayments, extending over such period not less than one nor more than ten years as shall be stated in such bond and mortgage or note and mortgage: Provided, That such interest shall not exceed ten per centum per annum, and Proviso-rate of shall be calculated on the amount or balance of principal from time interest to time owing: Provided also, That no such borrower shall be proviso-comcharged with or pay any commission in the way of premium or mission not discount on the amount of loan so made to him on security as aforesaid.
Sec. 10. In case any borrower of a loan from such society shall Payment of loan desire to redeem his property before the expiration of the time befor limited or mentioned in his bond and mortgage or note and mortgage, for the re-payment of such loan, he shall be allowed to do so, at such time or at the end of such notice as shall be stated in or required by such society's by-laws, upon payment of any loan, repayments, or other sums of money due and unpaid, together with the amount of the present value of all loan repayments accruing or to become payable, according to the terms of such bond and mortgage or note and mortgage, such present value to be found by Present value, discounting such loan re-payments for the period at which each how found. would become due, at the same rate of interest as is promised and secured to be paid for such loan, and nothing in this act shall authorize or sanction the charge or payment in such case of any other money by way of redemption fee or otherwise of such property.
Sec. 11. In case any borrower of a loan from such society shall Default in pay. make default in the payment of any loan re-payments or of any mention
re-payments, etc. other moneys payable pursuant to the terms and requirements of his bond and mortgage or note and mortgage, or in the performance or observance of any duty or conditions enjoined by or contained in such bond and mortgage or note and mortgage, whereby the principal and other sums of money secured by such bond and mortgage or note and mortgage, are thereupon to become immediately due Sums to be paid. and payable, the sum or sums to be paid, on a sale or foreclosure, in settlement or discharge of such bond and mortgage or note and mortgage, shall be the amount of any past-due and unpaid loan repayments or other moneys, and the amount of such attorney fee and costs as are secured by such bond and mortgage or note and mortgage, together with the amount of the present value of all the loan re-payments remaining unpaid after the payment of past-due loan re-payments as above, such present value to be found according to the rule set forth in the last preceding section.
SEC. 12. When all moneys intended to be secured by any bond Receipt to be and mortgage, or note and mortgage, given to any society formed more medicon under this act have been fully paid or discharged, such society shall endorse upon such mortgage à receipt under the corporate seal of
Form of receipt.
such society, signed by its president and manager in the presence of two witnesses, and to be acknowledged by said president and manager before a notary public, and such receipt shall discharge such mortgage without any re-conveyance or re-surrender whatever, and such receipt shall be in the following form :
- society limited, hereby acknowledge to have received all moneys intended to be secured by the within written mortgage, given by..... ........to.................for the sum of.. ........, dated........and recorded in the office of the Register of Deeds in and for the county of..........., in Liber........, on page........ of mortgages.
In witness whereof the corporate seal of such society is hereto affixed this............day of..............in the year...... by order of the board of directors, duly made and recorded.
ciation, what to state.
Manager. Articlos of asso. Sec. 13. The persons proposing to form a society under the pro
visions of this act shall make written articles of association, which shall be signed and acknowledged before a notary public, and which shall state,
First, The name by which such society shall be known: Pro
vided, That the word limited shall be the last word in such name; Place of business. Second, The place in this State where its principal office is to be
located ; Purpose.
Third, The purpose for which such society is formed ;
Fourth, Whether its capital is fixed, and if so, at what amount, or whether it is to be of an amount varying from time to time;
Fifth, The amount [amounts of its several shares, and how
designated one class of which shall be known as permanent stock; Payment of Sixth, How such several shares may be paid ;
Seventh, What amount of capital, if any, will be actually paid in
before commencing business ; Extent of loans. Eighth, The maximum extent, not exceeding the limits pre
scribed by section four of this act, to which such society is to receive money on loan or deposit;
Ninth, The time such society shall exist, not exceeding thirty
years; and Names of share. Tenth, The names, in full, of the persons associating, their
respective residences, and the number and class of shares sub
scribed for by each of them. To be filed with Sec. 14. The articles of association required by the last preced
ing section shall be filed and recorded in the office of the Secretary of State of this State; and two copies of such original articles shall be made, which the said Secretary of State shall certify, over his official signature and the seal of this State, as being correct copies of such original articles so filed and recorded ; one of said copies shall be filed and recorded in the office of the clerk of the county
be filed with
in which tho principal office of such society shall be located, and Certified copy to the said clerk shall certify, over his official signature and the seal clerk of county. of the circuit court of said county, that such certified copy of said original articles has been filed and recorded in his office; and the other copy of such (said] original articles shall be held by the society named therein; and the said articles or copies thereof, duly certified Certified copies
may be used as by either of the aforesaid officers, may be used as evidence in all evidence courts and places of the incorporation of, as well as for or against such society; and the said Secretary of State and the said county Fees for filing, clerk shall each be paid for such filing, recording, and certifying recording, etc. at the rate of ten cents for each one hundred words contained in such articles.
SEC. 15. After such articles shall have been filed and recorded Body corporate as above required, the persons signing the same and such other persons, partnerships, and corporations who shall from time to time be possessed of any share or shares in the capital stock of such society, and their several successors and assigns, shall be deemed a body corporate and politic by the name mentioned in such articles; but No two societies
to have samo such name shall not be identical with that of any other society namex already formed under this act, or so nearly resembling the same as to be calculated to deceive, unless such other society consents to the adoption and use of such name at any time within the thirty days immediately preceding the expiration of its charter.
Sec. 16. Each society established under the provisions of this common seal. act shall have a common seal, which seal shall not be altered or imitated, and shall in all cases bear the corporate name of, together with such device or motto as may be adopted by, such society, and such seal shall be impressed upon the original articles of association of such society; and shall have power in its corporate General powers name to sue and be sued, appear, prosecute, and defend all actions transaction of and causes to final judgment and execution in any courts or else- business. where; to do all acts that may be necessary for receiving or repaying the moneys paid in from time to time by its members or other persons, partnerships, or corporations, and for crediting or paying profit dividends or interest on such moneys; for loaning or investing the moneys so received, or any part thereof, and the interest and profit arising therefrom upon such real estate, stocks, or bonds, as are stated in section eight of this act, and for receiving and obtaining repayment thereof, and for compelling the payment of any interest or other moneys due on or in connection with any sum or sums so loaned or invested ; and for enforcing the obseryance and fulfillment of any conditions annexed to or connected with moneys so received and repayable or so loaned and invested, or the forfeiture of any term or delay of payment consequent on the von-fulfillment thereof; and to give receipts and acquittances and discharges for the same, either absolutely and wholly, or partially; and such society may, for all and every and any of the foregoing purposes, and for every and any other purpose in this act mentioned or referred to, lay out its capital or other moneys and property for the time being, or any part thereof, with power to do,
relative to the
taken in corpo. rate name,
within ten years.
Dealing in personal prop. erty,
authorize, and exercise all acts and powers whatsoever, in the opinion of the directors of such society requisite or expedient to be
done or exercised in relation thereto. What real estate SEC. 17. The only real estate which it shall be lawful for any society may acquire.
society formed under this act to acquire, by purchase or otherwise, shall be such as it may be necessary to buy or take in the enforce
ment of its securities and the collection of any claims or debts due Real estate to be to it; and all conveyances of real estate so acquired shall be taken
" by such society in its corporate name; and such real estate shall To be sold be sold by such society within ten years after the same shall be
vested in it by purchase or otherwise, and such society shall sell and convey such real estate free from any claim thereon by any of its members, or any person claiming under them, by an instrument under its corporate seal and under the hands of its president and manager, duly authorized, and duly acknowledged : Provided, however, That such society may purchase, or hold upon lease, any land for the purpose of erecting thereon a building for its accommodation and the convenient transaction of its business, or it may purchase, build, hire, or take upon lease any building, and may adapt and furnish the same for so conducting its business, and if occasion requires may sell, exchange, or let such land or buildings, or any part thereof.
SEC. 18. It shall not be lawful for such society to acquire, hold, or deal in any personal property other than as provided in this act and such as may be necessary for the transaction of its business.
Sec. 19. The first meeting of such society may be called by a notice, signed by any two of the associates who signed its articles of association, setting forth the time, place, and objects of such meeting, such notice to be mailed to the residence of each associate at least ten days prior to such meeting; and a majority of such associates at such meeting shall be competent to make all such by-laws as they may deem necessary for the proper management of such society's business, so as such by-laws are not repugnant to, or
inconsistent with, the provisions of this act or of any law of this Election of board State or of the United States : to elect the first board of directors,
which board, and all subsequent boards, shall consist of not less
than six nor more than nine members of such society, and which President and board shall elect from their own number the president and vice vice president,
president of such society; and also to elect two auditors who, as
well as all their successors, may or may not be members of such Term of office. society; such directors and auditors to hold their offices until their
successors shall have been elected as is provided for in the next fol. lowing section; and to transact any other business necessary for
the organization of such society and appropriate to such meeting; Minutes of pro- and the secretary of such meeting shall make full and correct ceedings to be recorded and minutes of its proceedings upon the books or records of such signed.
society, and the same, being signed by its chairman, shall be deemed and taken to be prima facie evidence of the action of such meeting.
Sec. 20. Every society formed under this act shall hold an
Calling first meeting
ing, what it shall
annual meeting of its members on some one of the first fourteen Annual meeting, days in the month of February in each and every year, for the pur- purpose of pose of considering and determining upon any matter, not requiring special notice, relating to such society's business, and for the election of directors and auditors to serve for the ensuing year, or until their successors are elected and qualified ; but before such election takes Report of ro. place, the retiring directors shall present to such nieeting a report, to be presented
tiring directors signed by the president, of such society's transactions during their to annual meet: term of office, accompanied by such information and suggestions as state." they may deem proper to give in relation to such society's affairs, and to the future management thereof; and they shall also present to such meeting an account of all the receipts and disbursements of such society for the year ending on the thirty-first day of December next previous thereto, and a general statement of such society's funds and effects, liabilities and assets, as at the close of the date last aforesaid ; such account to state fully and clearly the amounts received on each class of shares issued, the amounts received on loans, the amounts received on deposits, the amounts received as principal and interest from bonds and mortgages or notes and mortgages, the amounts received as principal and interest from stocks and bonds, the amounts received for fines from members and borrowers, and the amounts received for incidentals and for any and all other matters; and such account shall show on its contra side the amounts paid out for principal and interest or dividends on each class of shares, for principal and interest on loans, for principal and interest on deposits, for amounts loaned on bonds and mortgages or notes and mortgages, for amounts invested in the several stocks and bonds as allowed by this act, for amounts paid on accounts, or for any matter or thing other than general management expenses, and the amounts paid for rent, taxes, salaries, law charges, stationery, printing, advertis. ing, and other expenses of management; and such general statement shall clearly show such society's liability for principal and interest or dividends (including periodical installments in arrear, the amount of which shall be stated in brackets) on each class of shares, for principal and interest on loans, for principal and interest on deposits, and for all indebtedness on any and every other account; and such general statement shall state fully on its contra side the amounts duc and unpaid for periodical installments and fines on shares, the amounts due and unpaid for principal, interest, and fines on bonds and mortgages or notes and mortgages, the amounts due and unpaid for principal and interest on stocks and bonds, the amount outstanding and not then due (not including prospective interest) on bonds and mortgages or notes and mortgages, the amount of principal outstanding and not then due on stocks and bonds, the amount of interest accrued but not then due on said stocks and bonds, the amount [amounts] of any other moneys, claims, debts, costs, or damages owing to such society, and the amount or cash value of any and all real estate, and of any and all personal property, owned and held by such society; and in all cases