two sufficient sureties to be approved by the governor, conditioned for the faithful performance of his duties as such examiner.

SEC. 9. [Failure of report-False papers-Penalty.]—Every bank, corporation, firm, or individual who shall fail or neglect to make any report required by the provisions of this act shall be subject to a penalty of fifty dollars ($50) for each day after the periods respectively therein mentioned that he or it delays to make and transmit such report, to be recovered by and for the state in a civil action; and every person who shall wilfully and knowingly subscribe or make, or cause to be made, any false statement or false entries in the books of any bank, corporation, firm, or individual transacting a banking business, or shall knowingly subscribe or exhibit false papers with the intent to deceive any person or persons authorized to examine into the affairs of said bank, corporation, firm, or individual, or shall make, state or publish any false statement of the amount of the capital assets, surplus, or undivided profits of any such corporation, firm, or individual shall be deemed guilty of a felony and upon conviction thereof shall be fined not exceeding ten thousand dollars ($10,000) and be imprisoned in the state penitentiary not less than one (1) nor more than five (5) years.

SEC. 10. Reserve funds.-Every bank shall at all times, have on hand as a reserve in available funds, an amount equal to at least fifteen per centum (15 Bc) of the aggregate amount of its deposits and immediate liabilities which said reserve shall be twenty per centum (20 Pc.) in banks located in cities having a population of twenty-five thousand (25,000) or over; Provided, That savings banks, doing an exclusive savings bank business, shall have on hand, at all times, as a reserve, in available funds an amount equal to at least five per cent (5 Bc.) of its deposits and immediate liabilities. The available funds shall consist of cash on hand and balances due the corporation, firm, or individual, from good solvent banks. Immediate liabilities shall include all claims against the corporation payable on Cash shall include specie, legal tender notes, bills of solvent banks, and exchange for any clearing house association. Whenever the available funds of any bank shall fall below the reserve herein required, such bank shall not increase its liabilities by making any new loans or discounts, otherwise than by discounting or purchasing bills of exchange payable at sight; nor shall such bank make any dividends of its profits until it has on hand the available funds required by this act. The auditor of public accounts may notify any such bank, in case its reserve shall fall below the amount required, to make good such reserve without delay, and any failure for the period of thirty (30) days by such corporation, firm, or individual to make good any deficiency in the amount of his or its deposits required to be kept on hand, shall be cause for the appointment of a receiver as provided by section fourteen (14) of this act.

SEC. 11. [Liabilities.]—The total liabilities of any corporation, firm, or individual to any bank or corporation, firm, or individual transacting a banking business, for money borrowed, including in the liabilities of a corporation or firm the liabilities of the several members thereof, shall at no time exceed twenty (20) per centum of the capital of the banking corporation, or firm or individual banker, and in no case shall the total liabilities of the stockkolders of any bank or corporation transacting a banking business, to said bank or corporation, exceed fifty (50) per cent of the paid up capital of said bank or corporation. But the discount of bills of exchange drawn in good faith against actually existing values, and the discount of commercial paper actually owned by the person negotiating the same, shall not be considered as money borrowed.

SEC. 12. [Deposits when insolvent.]-No bank, corporation, firm, or individual engaged in the banking, broker, exchange, or deposit business shall accept or receive on deposit, with or without interest, any money, bank bills, or notes, or United States treasury notes, or currency, or other notes, bills, or drafts, circulating as money or currency, when such bank or corporation, firm, or individual is insolvent.

SEC. 13. [Same-Penalty.]—If any such bank, corporation, firm, or individ ual shall receive or accept on deposit any such deposits as aforesaid when insolvent, any

officer, director, cashier, manager, member, party, or managing party thereof, who shall knowingly receive or accept, be accessory or permit, or connive at the receiving or accepting on deposit therein or thereby any such deposits as aforesaid, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the penitentiary not exceeding five (5) years, or by both fine and imprisonment as aforesaid.

SEC. 14. [Receiver.]-Whenever it shall appear to the auditor of public accounts, state treasurer, and attorney general or any two (2) of them from any examination or report provided for by this act, that any corporation, firm, or individual transacting a banking business is the owner of property of the kind required by this act, of the cash value of less than the amount herein required, above all incumbrances thereon, and in excess of all liabilities due from said corporation, firm, or individual, or is conducting his or its business in an unsafe and unauthorized manner and is jeopardizing the interest of his or its depositors, and that it is unsafe and inexpedient for any such corporation, firm, or individual to continue to transact a banking business, they shall communicate the facts to the attorney general, who shall thereupon apply to the supreme court or the disrict court of the county where such corporation, firm, or individual has his or its banking office, or to a judge of either, for the appointment of a receiver to take charge of and wind up such banking business. It shall be sufficient to authorize the appointment of a receiver, on the application of the attorney general, that the facts set forth in this section shall be made to appear.

SEC. 15. [National banks.]—This act does not apply to banks organized under the national banking act of the United States.

SEC. 15 a. [Savings banks.]-Savings banks shall not be subject to the provisions of section one (1) of this act, but no savings bank shall carry on business in this state with a paid up capital of less than twelve thousand ($12,000) dollars nor shall any savings bank receive deposits to an amount exceeding ten (10) times the aggregate of its paid up capital stock and surplus. Under the term savings bank as named in this act shall be included only such banks as do a savings bank business exclusively, paying out money only on presentation of pass books and certificates of deposit, discounting and buying no commercial paper, and reserving the right to demand notice before paying deposits.

SEC. 16. [Repealed Secs. 1, 2, 3, chap. 8, as formerly existing.] SEC. 17. [Actions to recover public money loaned.]-That in all cases in which public moneys, or other funds belonging to the state, or to any county, school district, city, or municipality thereof, have been deposited or loaned to any person or persons, corporations, bank, co-partnership, or other firm or association of persons, it shall be lawful for the officer or officers making such deposit or loan, or his or their successors in office, to maintain an action or actions for the recovery of such moneys deposited or loaned, and all contracts for the security or payment of any such moneys or public funds made shall be held to be good and lawful contracts, binding on all parties thereto: Provided, Nothing herein contained shall be construed to in any manner affect the liability of any surety or signers of any official bond heretofore or hereafter given or made in this state. [1879, §1, 156.]

SEC. 18. [Same-Pending actions.]-All actions heretofore brought by any public officer, either in his own name or officially, for the recovery of any public moneys heretofore loaned or deposited shall be sustained, and all remedies allowed in other cases, by attachment or otherwise, shall be admissible and allowed in such actions as in other cases. [Id., § 2.]

SEC. 14. Supreme court may appoint receiver to wind up the affairs of bank. 28 Neb., 678. 34 Id., 198. SECS. 17, 18. "An act to provide for the collection of public funds and moneys." Laws 1879, 156. Took effect February 24, 1879. Loans and deposits unauthorized. 8 Neb., 67. Garnishment of treasurer's deposit. 11 Neb., 434.

CHAPTER 8 a.-BEES.

SECTION 1. [Foul brood-Diseased bees.]-It shall be unlawful for any person to keep or have in possession in this state any honey bees, brood comb, or honey known to possess or to be infected with the disease known as "foul brood," or with any other infectious or contagious disease peculiar to bees or honey, contrary to the provisions of this act, or to keep or have in possession any bee hive or other receptacle in which any foul brood, diseased bees, or infected honey, is known to have been kept. Every person violating any provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred for each offense, or be confined in the county jail not more than thirty days. [1885, chap. 3.]

SEC. 2. [Same-Destruction.]-Any honey bees, brood comb, or honey owned or kept or found in this state known to be affected with foul brood or other infectious or contagious disease, and any bee hive or other receptacle in which any bees, brood comb, or honey shall have been kept, known to have been infected with any fectious or contagious disease, shall be destroyed immediately and completely by burning, by the owner thereof, or the person or persons in whose possession the same may be.

in

SEC. 3. [Same-Penalty.]-Every person owning or having in his or her possession, or under his or her control any honey bees, brood comb, honey, bee hive, or receptacle, or apparatus known to be infected with any infectious or contagious disease peculiar to honey bees or honey, or in which any diseased bees or infected honey shall have been kept, who shall not immediately cause the same to be destroyed as provided in section 2 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense, or be imprisoned in the county jail not more than thirty days for each offense.

SEC. 4. [Inspection.]-Every person owning or keeping honey bees in this state shall cause all bees owned or kept by him or her to be inspected at his or her own expense as hereinafter provided. Every person neglecting or refusing to cause all such bees to be duly inspected as hereinafter provided shall be deemed guilty of a misdemeanor, and shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense upon conviction thereof. Provided, That if upon inspection of any colony or colonies of bees the disease of foul brood or other infection or contagion shall be found to exist, and such inspector shall be of the opinion that by proper treatment such disease or contagion or infection may be removed, he shall so certify officially in his certificate of inspection, and the owner or keeper of such bees shall be entitled to keep such bees for the period of six months for treatment, and at the expiration of said time if such disease or infection or contagion shall not be eradicated, such bees shall be destroyed as hereinbefore provided, and any person or persons having in possession any brood comb, bee hive, honey, or apparatus used in connection with bee culture, found in like manner to be infected with foul brood or infectious or contagious disease, such person shall be allowed the period of thirty days in which to disinfect the same, but no longer, and if at the end of said period of thirty days said disinfection shall not have been complete, such brood comb, bee hive, honey, or apparatus shall be destroyed as herein before provided.

SEC. 5. [Same-Certificate.]—Every person engaged in bee keeping in this state, either as owner, agent, or lessee in infected districts, shall cause to be inspected at least once in each year each and every brood or colony of bees, brood comb, and honey in his or her possession or under his or her control, and procure a certificate of such inspection showing the true condition of each and every one of the above named articles

CHAP. 8 2. "An act to protect bee husbandry from foul brood and other infectious and contagious diseases." Took effect June 5, 1885

in his or her possession as to the existence of foul brood or other infectious or contagious disease, in duplicate, one of which duplicates shall be left with such person, and the other shall be filed in the office of the county clerk of the county where such bees or honey or brood comb is kept.

SEC. 6. [Inspector-Pay.]-Upon the application of the Nebraska State Bee Keepers Association, or other person or persons interested in bee culture residing in any county in the state, the governor may appoint a suitable person resident of said county inspector of bees and honey for said county, who shall be sworn to perform the duties of such office faithfully and impartially, whose duty it shall be to inspect all bees, brood comb, and honey, within his said county when called upon for that said purpose, and shall be entitled to receive the sum of two dollars for each day or part of a day necessarily employed in making such inspection, to be paid by the owner or agent or lessee in whose possession such bees, brood comb, or honey may be when inspected. Such inspector shall make certificates in duplicate, and shall give one to the owners or persons in charge of such bees, brood comb, or honey, and file the other in the office of the county clerk as aforesaid.

CHAPTER 9.-BONDS-MUNICIPAL.

STATE FISCAL AGENCY.

SECTION 1. [Designation of agency by governor.]-The governor is hereby authorized to designate some bank in the city of New York, as the state agency for the payment of bonds and coupons issued by the state or any county, township, precinct, city, or school district, which are by their terms made payable in said city. [1875, § 1, 163]

SEC. 2. [Bond of agency.]—Before establishing and designating such agency, the governor shall require such agency to give a bond in double the amount of moneys which said agency may have in its custody at any time, such bond to be approved by the governor and auditor, and filed in the office of secretary of state. [Id., § 2.] SEC. 3. [Payments, how made-Commissions.]-The state treasurer and such other officers as are by law designated for the purpose, are required to remit to the state agency, at least ten days before the day of maturity of any bonds or coupons payable in New York city, sufficient moneys out of the tax collected for the purpose, for the redemption of such bonds and coupons, and in addition thereto, a commission not exceeding one-eighth of one per cent. for the disbursement of the same, and all expenses for such commissions, exchange, and postage, shall be a proper charge against the state, county, city, township, precinct, or school district, for which such moneys are remitted, and shall be allowed the treasurer in his settlement. [Id. § 3.]

SEC. 4. [Same-Notify officers of money received.]—On the receipt of any funds by the state agency it shall be the duty of such agency to notify the officer from whom received, of the receipt thereof; and immediately on the payment of such bonds or coupons for which funds were remitted, said coupons or bonds shall be cancelled, and returned to the officer from whom such funds were received. [Id. § 4.]

SEC. 5. [Same-Bonds payable at.]—It shall be the duty of the state auditor, immediately after the passage of this act, and the establishment of the agency provided herein, to publish a notice of the same, in some paper of general circulation in the city of New York for two weeks, and thereafter, all bonds and coupons of the state, or any county, city, township, precinct, or school district in the state, which are by their terms payable at any particular bank in said city, shall be paid at such agency. [Id. $ 5.]

PRECINCT AND SCHOOL BONDS.

SEC. 6. [Precinct and school district bonds-Record by county clerk.]-From and after the passage of this law, it shall be the duty of precinct or township and school district boards or officers, after having first filed for record with the county clerk, the question of submission, notice, and proof of publication, return of votes for and against, to register with the county clerk all precinct or township and school district bonds voted and issued pursuant to the following act and sections of an act: "An act to enable counties, cities, and precincts to borrow money on their bonds, or to issue bonds in aid of works of internal improvement in this state, and to legalize bonds already issued for such purposes." Approved February 15, 1869; and amendments thereto approved March 3, 1870. And sections 30, 31, and 32, of "An act to

SECS. 1-5. "An act to provide for the establishment of a fiscal agency for the state of Nebraska, in the city of New York, and prescribing the duties of officers in relation thereto." Laws 1875, 163. Took effect February 25,

1875.

NOTE.-See also cities of the first-class, cities of the second-class, counties and county officers, internal improvements, revenue, and schools. All acts of a special nature relating to this subject and applicable to particular cities, counties, and school districts, are omitted from this volume.

SECS. 6-9. "An act to provide for the registration of precinct or township and school district bonds." G. S. 883. Cited 7 Neb., 497. The provisions of this act applicable to school district bonds were repealed by Laws 1879, 175. See section 19, subdivision XV, chapter 79, post. See chapter 45. See also 9 Neb., 509.