bers or shareholders of such firm or corporation, more than twenty (20) per centum of the paid up capital of such bank. And in no case shall the total liabilities of the several stockholders of an incorporated bank to such bank exceed fifty (50) per cent of the paid up capital of said bank. 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. [Id., § 17.j

643 SEC. 28. [Same-Penalty.] Any officer, director or employe of any corporation, transacting a banking business in this state, who shall knowingly permit or allow the shareholders of such bank to at any one time become indebted to such banking corporation in a total sum exceeding fifty (50) per cent of the paid up capital of such banking corporation, shall be deemed guily of a felony, and upon conviction thereof, shall be subject to a fine of not to exceed five hundred ($500) dollars, or by imprisonment not to exceed three (3) years in the state penitentiary, or both, at the discretion of the court. [Id., § 28.]

644 SEC. 29. [Capital-Withdrawing-Increasing-DecreasingVoluntary liquidation.] No corporation, partnership, firm or individual transacting a banking business in this state shall withdraw, or permit to be withdrawn either in the form of dividends or otherwise, any part of its capital. If losses have at any time been sustained, equal to or exceeding undivided profits on hand, no dividend shall be made; and no dividend shall be made by any bank transacting a banking business under the laws of this state, to an amount greater than the net profits on hand less the losses and bad debts; Provided, however, that the capital stock may be increased or decreased, in the manner hereafter provided. First, In the case of corporations. The stockholders at any regular meeting shall by a vote of those owning two-thirds of the capital stock, authorize the president, or cashier to notify the State Banking Board of the proposed reduction or increase of capital and a notice containing a statement of the amount of such proposed reduction or increase of capital shall be published for four (4) weeks in some newspaper, at the principal place of doing business, or if none is there printed, then in some newspaper published in the same county. Second. In the case of partnerships, firms or individuals, the State Banking Board shall be notified of the proposed reduction or increase, but no reduction shall be to an amount less than the capital required by this act, and there shall be no reduction of capital or cancellation of stock, until said reduction or cancellation shall first be approved by the State Banking Board. Provided, that no reduction of capital or cancellation of stock shall be made that will impair the security of the depositors and no increase shall be authorized by the State Banking Board until a statement shall have been filed with said board, that the proposed increase of capital, has been paid in, and said statement shall be sworn to by the president, cashier, partner, member of firm, or individual owner. Third. Whenever any corporation, partnership, firm or individual transacting a banking business in this state shall desire to go into voluntary liquidation, they shall first obtain the written consent of the State Banking Board, who may, if they deem it advisable, before granting such request, order a special examination made of the affairs of such bank, for which the same fees may be collected as in regular examination. [Id., § 29.]

645 SEC. 30. [Stockholders-Liability.] Every stockholder in any banking corporation transacting a banking business in this State shall be liable to the creditors of such bank for an amount, over and above the share or shares of stock so held, equal to the paid up value thereof, for all liabilities accruing while such stock is owned or held by such shareholder, and in case any person holding any

stock in any banking corporation shall sell, transfer or dispose of such stock, knowing that such bank is insolvent, he shall be deemed the owner of such stock, and liable thereon the same as if such stock had not been sold, transferred or disposed of; and such liability may be enforced whenever such banking corporation shall be adjudged insolvent, without regard to the probability of the assets of such insolvent bank, being sufficient to pay all of its liabilities. [Id., § 30.]

646 SEC. 31. [Savings banks.] Any corporation, partnership, firm or individual designating its, their or his business as that of a savings bank, shall have power to carry on a savings bank business, as prescribed and limited in this act. Any savings bank may receive deposits from the general public, and all deposits in any bank shall be paid to depositors, or their lawful representatives when required and at such time and with such interest and under such regulations as shall be prescribed by said bank and approved by the State Banking Board, which regulations shall be printed, and conspicuously posted in some place accessible and visible to all persons in the business office of said bank. The funds of any savings bank, except the reserve provided for in this act, shall be invested in bonds of the United States, or of any state in the United States, or in the public debt or bonds of any city, county, township, village, or school district of any state of the United States, which shall have been authorized by the legislature of the state, or shall be loaned on negotiable paper, secured by any of the above mentioned classes of security, or upon notes or bonds secured by mortgage lien upon unincumbered real estate, Provided, that second mortgage loans may be made on improved farm lands but no loans shall be made on such improved farm lands or other real estate which including the aggregate amount of incumbrance thereon, shall exceed fifty per cent. of the cash value thereof, or upon notes secured by collateral security of known marketable value, or held as cash, or shall be deposited in good solvent banks; Provided, that chattel mortgages shall not be deemed collateral security and savings banks are hereby prohibited from investing their funds in them, except chattel loans on cattle. [Id., § 31.]

647 SEC. 32. [Same-Pass books-Loans of minors.] A pass book shall be issued to each depositor in a savings bank for all money deposited on an open account. Such pass book shall contain the rules and regulations adopted by such savings banks governing such deposits. In such pass books shall be entered each deposit made by, and each payment made to, such depositor, and no deposit shall be received nor payment made unless entered in the pass book at the time such transaction is had; Provided, That nothing in this section shall prohibit a savings bank from issuing certificate for legitimate deposits; Provided further, when any deposit is made in any savings bank by a person being a minor, the said bank may pay to such depositor such sums as may be due to him or her, and the receipt of such minor to such savings bank shall be in all respects valid in law. [Id., § 32.]

648 SEC. 33. [Same-Capital.] Savings banks shall not be subject to the provisions of section four (4) of this act relating to capital, but it shall be unlawful for any savings bank to transact a savings bank business in this state with a paid up capital of less than twelve thousand ($12,000) dollars, one third (3) of which may be invested in bank building, and the lot or lots on which the same are situated, and the necessary bank furniture and fixtures; Provided, That on and after the passage of this act, it shall be unlawful for any savings bank to organize and commence a savings bank business with a paid up capital of less than twenty-five thousand ($25,000) dollars, in cities having more than twenty-five thousand (25,000) population; Provided further, That no savings bank in this state shall receive deposits to an amount exceeding ten times the aggregate amount of its paid up capital and surplus. [Id., § 34.]

649 SEC. 34. [Bank insolvent-Receiver.] Whenever it shall appear to the state banking board from any examination or report, provided for by this act, that the capital of any corporation, partnership, firm or individual transacting a banking business in this state, is impaired, or that any corporation, partnership, firm or individual is conducting its, their or his banking business in an unsafe and unauthorized manner, and is jeopardizing the interests of its, their or his depositors, and that it is unsafe and inexpedient for such corporation, partnership, firm or individual to continue to transact a banking business, the said state banking board shall communicate the facts to the attorney general who shall thereupon cause an application to be made to the district court of the county where such corporation, partnership, firm or individual has its, their or his banking office, or to any judge of such court, for the appointment of a suitable person, as receiver to take charge of the business and affairs of and wind up such bank. Provided, however, That if the judge of the district court of the county where the application for such receiver should be made, shall be absent therefrom at the time such application is to be made, then, in that case, any judge of the supreme court may appoint such receiver, but all proceedings in relation to such receivership thereafter shall be had before the district court, or judge thereof, which might have appointed such receiver in the first instance, and the petition and order appointing such receiver shall be forthwith transmitted to the clerk of the district court of the county in which such insolvent bank is located. It shall be sufficient to authorize the appointment of a receiver, if the facts set forth in this section shall be made to appear. [Id., § 34.]

650 SEC. 35. [Receiver-Duties.] The receiver provided for in Section thirty-four (34) of this act, shall be required to give a bond in such sum as the court or judge from whom he receives his appointment may direct, with at least two (2) good and sufficient sureties, which shall be approved by the clerk of the district court of the county in which such insolvent bank is located. Such receiver shall thereupon take possession of all books, records and assets of every description belonging to said bank, collect all debts, dues and claims owing to, and belonging to such bank; sell and compound all bad or doubtful debts when approved by the court or judge; sell all real and personal property belonging to such bank, on such terms and conditions as the court or judge shall direct. The court or judge may authorize such receiver to employ a competent attorney to represent him in all legal proceedings relating to such receivership, who shall receive such compensation as the court or judge may allow. Whenever any receiver of any incorporated bank shall file a report with the court or judge thereof, setting forth the fact that in the opinion of such receiver, the assets of such bank are not sufficient to pay the liabilities of such bank within a reasonable time, the court or judge may order such receiver to proceed at once to collect from the several stockholders of such bank, who are liable therefor, any or all such liabilities as shall be necessary for the payment of all the liabilities of such bank. Whenever any such receiver shall have paid in full all of the liabilities of such bank, and shall have remaining in his possession any property or assets belonging to said bank, he shall be ordered by such court or judge to deliver the same to the party or parties entitled thereto. Provided, however, that whenever the officers, stockholders or owners of any insolvent bank shall give a good and sufficient bond, running to the state of Nebraska, conditioned upon the full settlement of all the liabilities of such bank, by such officers, stockholders, or owners, within a stated time and said bond shall have been approved by the State Banking Board, then the State Banking Board shall turn over all the assets of such bank to the officers, stockholders or owners of such bank furnishing said bond. [Id., § 35.]

651 SEC. 36. [Banks-Rules and regulations.] The state banking board shall have power to make such rules and and to establish such regulations for

the government of the banks of this state as may in their judgment seem wise and expedient; Provided, That no such rule or regulation shall in any way conflict with any of the provisions of this act._ [Id., § 36.]

652 SEC. 37. [Records-Pending cases.] Upon the passage and taking effect of this act the Chief Justice of the Supreme Court may order the clerk of said court to make a copy of the record in all cases pending in said court, wherein a receiver has been appointed by said court or any judge thereof, to wind up the affairs of any insolvent bank, which copy of record, together with all original papers and pleadings in such cause shall be transmitted to the clerks of the district court of the several counties in which such insolvent banks were located, and thereafter all proceedings in relation to such receivership shall be had in such district court the same as if the original petition for a receiver had been granted by such court. [Id., § 37.]

653 SEC. 38. [National banks.] Nothing in this act shall be taken to, nor be construed as applying to any national bank or banks in this state. [Id., § 38.]

654 SEC. 39. [Acts repealed.] Chapter thirty-seven (37) of the Session Laws of 1889, entitled "Banking" together with all other acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. [Id., § 39.]

655 SEC. 40. [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.]

656 SEC. 41. [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.]

657 SEC. 42. [Lists-Shareholders.] The president and cashier, or the business manager, of every institution transacting a banking business shall cause to be kept at all times a full and correct list of the names and residences of all the shareholders in the association, the number of shares held by each, and the amount of paid up capital represented by the shares held by each member. Such list shall be subject to the inspection of all shareholders and creditors of the association during business hours of each day on which business may be legally transacted. Such list shall be kept in the office of the association where its business is transacted, and where all stockholders and creditors of the association may have ready access to it. [1895, chap. 9, § 1.]

658 SEC. 43. [Same-Violation-Penalty.] Any violation of the above section shall be punishable by a fine of not less than fifty, and not more than two hundred dollars with costs. [Id., § 2.]

SECS. 40, 41. "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.

SECS. 42, 43. "An act to compel institutions transacting a banking business to keep a list of shareholders. etc., for the inspection of all shareholders and creditors of the association." Took effect Aug. 1, 1895. Laws, 1895, chap. 9.

CHAPTER 8a.-BEES.

659 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.]

660 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 infectious 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.

661 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.

662 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 herein before 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 hereinbefore provided.

CHAP. 80. "An act to protect bee husbandry from foul brood and other infectious and contagious diseases." Took effect June 5, 1885.