Page:United States Statutes at Large Volume 13.djvu/540

 512 THIRTY·EIGHTH CONGRESS. Sess. II. Ch. 92. 1865. in the civil or military service of the United States, the certificate of which acknowledgment or proof shall be indorsed on the writing; and the writing so acknowledged or proved shall accompany such deposit and Dvvlnmfion of be Bled among the papers of the corporation, and be carefully preserved mm t° be mm therein, and may be read in evidence in any court or before any judicial officer of the United States, without further proof ; and the certihcate of' acknowledgment or proof' shall be prima facie evidence only of the due execution of such writing. _Depesits1-epaid Sec. 8. And be it further enacted, That all sums receivedon deposit mth “‘*°'°“* shall be repaid to such depositor when required, at such time, with such interest, not exceeding seven per centum per annum, and under such regulations as the board of trustees shall, from time to time, prescribe, which regulations shall be posted up in some conspicuous place in the room where the business of the corporation shall be transacted, but shall not be altered so as to affect any deposit previously made. Trusts to be Sec. 9. And be itjltrther enacted, That all trusts upon which, and all P°"f°"m°d· purposes for which any deposit shall be made, and which shall be indicated in the writing to accompany such deposit, shall be faithfully performed by the corporation, unless the performing of the same is rendered impossible. Deposits of _ Sec. 10. And be it further enacted, That when any depositor shall &;°“;f]‘;v‘lf5‘5_“‘ die, the funds remaining on deposit with the corporation to his credit, and ¤¤d’d{spmd of all accumulations thereof, shall belong and be paid to the personal representatives of such depositoigiu case he shall have left a last will and testnment; and in default of a last will and testament, or of any person qualifying under a last will and testament competent to act as executor, the corporation shall be entitled, in respect to the funds so remaining on deposit to the credit of any such depositor, to administration thereon in preference to all other persons, and letters of administration shall be granted to the corporation accordingly in the manner prescribed by law in respect to the granting of letters of administration, with the will annexed, and in cases of intestao. Represenmuves Sec. I1. And be it lurther enacted, That in the case of the death of ggudgjgjgd t° b° any depositor, whose deposit shall not be held upon any trust created purg '_ suant to the provisions hereinbefore contained, or where it may prove impossible to execute such trust, it shall be the duty of the corporation to make diligent efforts to ascertain and discover whether such deceased depositor has left a husband, wife, or children surviving, and the corporation shall keep a record of the efforts so made, and of the results thereof, Deposits not and in case no person lawfully entitled thereto shall be discovered, or shall %;·l§‘;‘;;g€éé’;’;(f° appear, or claim the funds remaining to the credit of such depositor before gw1g9d_ the expiration of two years from the death of such depositor, it shall be lawful for the corporation to hold and invest such funds as a separate trust-fund, to be applied, with the accumulations thereof, to the education and improvement of persons heretofore held in slavery, or their descendants, being inhabitants of the United States, in such manner and through such agencies as the board of trustees shall deem best calculated to effect that object: Provided, That if any depositor be not heard from within Advertisements. five years from the date of his last deposit, the trustees shall advertise the same in some paper of general circulation in the state where the principal office of; the company is established, and also in the state where the principal qjice of the company is established, and also ih the state where the depositor was last heard from ; and if within two years thereafter such depositor shall not appear, nor a husband, wife, on child of such depository to claim his deposits, they shall be used by the board of trustees as hereiubefore provided for in this section. Omcers not to Sec. 12. And be it further enacted, That no president, vice-presidenb 2,2:-;:;;;°`r';gn_ trustee, 0{Hcer, or servant of the corporation shall, directly or indirectly, tion. borrow the funds of the corporation or its deposits, or in any manner 1156