Ch. 5, 6)

Banks

59

tice as an attorney, in any action, matter, or proceeding brought before himself, or appealed from his decision to a higher court, nor shall any county judge draw any paper or written instrument to be filed in his own court, except such as he is required by law to draw, and any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and on conviction shall be fined not less than five, nor more than twenty-five dollars.

Sec. 2. Repeal.-That Section 275 Revised Statutes of Nebraska for 1913 is hereby repealed.

Approved, April 24, 1917.

CHAPTER 6.

(House Roll No. 201.)

[Introduced by Mr. Liggett.]

AN ACT to amend Section 332, Revised Statutes for 1913, relating to the payment of claims against a failed bank, and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment. That Section 332, Revised Statutes for 1913, is hereby amended to read as follows:

332 Sec. 53. Banks - guaranty fund-claims - priority.The claims of depositors, for deposits, and claims of holders of exchange, shall have priority over all other claims, except federal, state, county and municipal taxes, and subject to such taxes, shall at the time of the closing of a bank be a first lien on all the assets of the banking corporation from which they are due and thus under receivership, including the liability of stockholders and, upon proof thereof, they shall be paid immediately out of the available cash in the hands of the receiver. If the cash in the hands of the receiver, available for such purpose, be insufficient to pay the claims of depositors, the court in which the receivership is pending or a judge thereof, shall determine the amount required to supply the deficiency and

cause the same to be certified to the state banking board, which shall thereupon draw against the depositors' guarantee fund in the amount required to supply such deficiency, and shall forthwith transmit the same to the receiver, to be applied on the said. claims of depositors: Provided, however, no part of the depositors' guarantee fund shall be used to supply the deficiency that may accrue by the failure of any bank now transacting business, which bank has not filed the report provided for in section 15, received the certificate provided for in section 14, and paid the first assessment provided for in section 45. Such drafts against the depositors' guarantee fund shall be pro-rated, as nearly as may be, among the several solvent banks wherein the same is so as aforesaid kept and maintained, in accordance with the amounts thereof held by such banks respectively: Provided, further, however, that no claim to priority shall be allowed which is based upon any evidence of indebtedness in the hands of, or originally issued to any stockholder, officer or employee of such bank, which represents money obtained by such stockholder, officer or employee, from himself or some other person, firm, corporation or bank in lieu of, or for the purpose of effecting a loan of funds to such failed bank.

Sec. 2. Repeal. That section 322, Revised Statutes for 1913, is hereby repealed.

Approved, April 19, 1917.

CHAPTER 7.

(House Roll No. 377.)

[Introduced by Mr. Dorsey.]

AN ACT to amend Sections 365 and 366, Revised Statutes of 1913, and to repeal said original sections and to make the county treasurer the fiscal agent for the county and of political subdivisions thereof.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment. That Sections 365 and 366, Revised Statutes of Nebraska for 1913, are hereby amended to read as follows:

Ch. 7)

Bonds-Fiscal Agent

61

365 State and county fiscal agent. Hereafter the state treasurer shall be the state fiscal agent, and all bonds and coupons issued by the state, shall be made payable at the office of the state treasurer. The county treasurer shall be the county fiscal agent and all bonds and coupons issued by any county, township, precinct, city, village, school district or other political subdivision of a county shall be made payable at the office of the county treasurer. When any of the political subdivisions as above enumerated lies in two or more counties, the bonds shall be payable at the office of either one of the county treasurers as may be provided in the history and in the bonds.

366 Bond-remittances-how made.-All officers, designated by law for the purpose, shall remit to the state treasurer, or county treasurer, at least ten days before maturity of any bonds or coupons heretofore or hereafter made payable at the office of the state treasurer, or the office of any county treasurer, sufficient moneys out of the tax collected for the purpose, for the redemption of such bonds and coupons and all expenses for exchange and postage, shall be a proper charge against the state, county, city, township, precinct, village, school district, or other political subdivision, for which such moneys are remitted, and shall be allowed the treasurer in his settlement. Any and all such bonds and coupons as shall be paid by any county treasurer shall be a charge against the proper fund of any township, precinct, city, village, school district, or other political subdivision for which he has collected taxes or received the funds. Each county treasurer in making remittance for the payment of bonds. and coupons shall make such remittance either in New York bank exchange, federal reserve bank exchange or its equivalent.

Sec. 2. Repeal. That said original Sections 365 and 366, Revised Statutes of Nebraska for 1913, are hereby repealed.

Approved, April 21, 1917.

CHAPTER 8.

(House Roll No. 495.)

[Introduced by Mr. Peterson.]

AN ACT to amend Sections 383, 386, 414, and 455 of Chapter 8, and Section 3519 of Chapter 33, of the Revised Statutes of Nebraska for 1913, to repeal said original sections, and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Sections 383, 386, 414 and 455 of Chapter 8, and Section 3519 of Chapter 33, of the Revised Statutes of Nebraska for 1913 be and the same hereby are amended to read as follows:

383 Sec. 19. Bonds of precincts-registration by auditor. -Whenever the holder of precinct bonds, issued under any law of this state for the purpose of the erection of bridges wholly within the limits of a county, shall present the same to the auditor of state together with duplicate statements of the question of submission, notice and proof of publication, return of votes for and against, duly certified by the county clerk, it shall be the duty of said officers to examine said bonds and statements, and if they be satisfied that such bonds are in all respects. in due form and have been properly issued, to enter that fact upon the records of their respective offices, together with said statements, and thereupon the auditor shall place his certificate. upon said bonds, and the auditor shall register the same in his office, such certificate showing that such bonds were issued pursuant to law, the data filed with such officers being the basis of such certificate.

386 Sec. 22. Registration.-It shall be the duty of the auditor of state to register such substituted bonds, and to certify the same, and a tax to pay the interest and principal thereof shall be levied in the same manner as is now provided by law in the case of other precinct bonds.

414 Sec. 50. Bonds issued on two-thirds vote. If twothirds of the votes cast at such election shall be in favor of the proposition, the county board, city council of cities of the second class, or board of trustees of villages shall as the case may be, without delay, cause to be prepared and shall issue the bonds in accordance with the petition and notice of election; said bonds

Ch. 8)

Bond-School-Irrigation

63

shall be signed by the chairman of the county board, or the person authorized to sign county bonds, and be attested by the county clerk, mayor and city clerk of cities of the second class, chairman of the board of trustees and village clerk of villages, and be attested by the respective seals. The county clerk, village clerk of villages, or city clerk of cities of the second class, as the case may be, shall enter upon the records of the board, or council, the petition, bond, notice, and call for the election, canvass of the vote, the number, amount and interest, and the date at which each bond issued shall become payable; and shall also cause such bonds to be registered in the office of the state auditor, as required by law.

455 Sec. 91. School district bonds-registration by auditor. The auditor shall examine the statements and bonds so submitted to him, and if he be satisfied that such bonds have been voted in conformity to law, and are in all respects in due form, he shall record the statement and register the bonds in his office, and no such bonds shall be issued or be valid unless they shall be so registered and have endorsed thereon a certificate of said auditor showing that such bonds are issued pursuant to law, the data filed in the office of said auditor being the basis of such certificate.

3519 Sec. 151. Irrigation bonds-determination-bondslegality-investment.-Upon the hearing of such special proceedings the court shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm or disapprove and disconfirm each and all of the proceedings for the organization of said district under the provision of this chapter, from and including the petition for the organization of the district, and all other proceedings which may affect the legality or validity of said bonds and the order of the sale and the sale thereof. The court in inquiring into the regularity, legality or correctness of said proceedings, must disregard an error, irregularity, or omission which does not affect the substantial rights of the parties to such special proceedings; and it may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner of this chapter prescribed. The costs of the special proceedings may be allowed