CHAPTER 8.-BANKS. SECTION 1. [Capital.]—It shall be unlawful for any corporation, firm, or individual to transact a banking business by receiving money on deposit, buying and selling exchange and the like, unless such corporation, firm, or individual shall have property of cash value as follows: In cities, villages, and communities having a population of less than one thousand (1,000) inhabitants, five thousand (5,000) dollars; in cities and villages having a population of more than one thousand (1,000) and less than fifteen hundred (1,500) inhabitants, ten thousand (10,000) dollars; in cities and villages having a population of less than two thousand (2,000) and more than fifteen hundred (1,500) inhabitants, fifteen thousand (15,000) dollars; in cities having a population of less than three thousand (3,000) and more than two thousand (2,000) inhabitants, twenty thousand (20,000) dollars; in cities having a population of less than five thousand (5,000) and more than three thousand (3,000) inhabitants, twenty-five thousand (25,000) dollars; in cities having a population of less than ten thousand (10,000) and more than five thousand (5,000) inhabitants, thirty thousand (30,000) dollars; in cities having a population of more than ten thousand (10,000) inhabitants, fifty thousand (50,000) dollars. Such property shall be in money or in money s commercial paper, bank furniture, and the necessary bank buildings with the lot or lots on which the same are built, and of the cash value aforesaid, above all incumbrances thereon and in excess of all liabilities owing by such corporation, firm, or individual; Provided, That real estate, furniture, and fixtures shall not constitute more than one-third (3) of capital. SEC. 2. [Report.]—Every bank or corporation, firm, or individual transacting a banking business, shall at least ten (10) days before commencing such business, transmit to the auditor of public accounts a report of the character set forth in section four (4) of this act; Provided, That every bank or corporation, firm, or individual, transacting a banking business at the time this act takes effect, shall transmit such report within ten (10) days from such time. SEC. 3. [Same.]-Every bank and every corporation, firm, or individual transacting a banking business shall make to the auditor of public accounts not less than three (3) reports during each year according to the form which may be prescribed by him, which report shall be verified in the case of incorporated banking companies by the oath or affirmation of the president or cashier, and in other cases by the oath or affirmation of a partner, member, or business manager. But the officer administering the oath or affirmation to the person verifying such report shall be in no way interested in such bank as a stockholder, member, partner, bank officer. SEC. 4. [Contents of report.]-Such report shall state the amount loaned upon bond and mortgage, the par value and actual market value of all stock or bond investments, designating each particular kind and the amount invested in each; the amount loaned upon notes, bills of exchange, over-drafts, and other personal securities, with the actual market value of such securities; the amount of rediscounts and of commercial paper past due; the amount invested in real estate, giving the cost of the same; the amount of cash on hand and on deposit in banks or trust companies with their names and the amount deposited in each; the amount of all other assets not enumerated above, and such other information as the auditor of public accounts, state treasurer, and attorney general, or any two of them may require; Provided, That commercial paper, not in CHAP. 8. An act to require corporations, firms, and individuals transacting a banking business to make reports of their resources and liabilities to the auditor of public accounts, and to provide for examinations of the affairs of such banking institutions, and to fix a minimum capital for the transaction of a banking business; punish the receiving of deposits by insolvent banking institutions, and to provide for winding up their affairs, and to repeal sections one (1), two (2), and three (3) of chapter eight (8) of the compiled statutes of Nebraska of 1837. Took effect June 30, 1889. Laws 1889, chap. 37.] process of collection, six (6) months past due with interest unpaid, shall not be included in the report of the assets of such corporation, firm, or individual. Each report shall state such resources and liabilities at the close of business on any past day by the auditor of public accounts specified, and shall be transmitted to him within five (5) days after the receipt of a request or requisition therefor from him. And a summary of such report in the form prescribed by the auditor of public accounts, state treasurer, and attorney general shall be published in a newspaper published in the place where such banking business is transacted, or if there is no newspaper in the place, then in one published nearest thereto in the same county, at the expense of such bank, corporation, firm, or individual; and proof of such publication shall be transmitted to the auditor of public accounts. SEC. 5. [Special reports.]—The auditor of public accounts, state treasurer, and attorney general, or any two of them, shall have power to call for special reports from any particular bank, corporation, firm, or individual transacting a banking business whenever in their judgment the same are necessary in order to a full and complete knowledge of his or its condition. SEC. 6. [Clerk-Bank examiners.]—The auditor of public accounts, state treasurer, and attorney-general or any two of them shall appoint a suitable person to perform the clerical work necessary to carry out the provisions of this act. They shall also appoint a suitable person or persons having a practical knowledge of banking to make an examination of the affairs of every bank, and every corporation, firm, or individual transacting a banking business, as often as shall be deemed necessary and proper, and at least once in every year. But no person shall be appointed to examine the affairs of any bank, or corporation, firm or individual transacting a banking business who is an officer, stockholder, member, partner, or clerk in any banking institution of this state. The auditor of public accounts, state treasurer, and attorney general, or any two of them, may at any time remove any person so appointed by them. SEC. 7. [Duties of bank examiners.]-The person or persons so appointed shall have power to make a thorough examination into all the books, papers, and affairs of the bank, or corporation, firm, or individual transacting a banking business and, in so doing to administer oaths and affirmations and to examine on oath or affirmation any individual banker and the officers, agents, partners, and clerks of such bank, corporation, firm, or individual, touching the matters he or they shall be directed or may desire to inquire into; and to summon, and by attachment compel the attendance of any inhabitant of the state, to testify under oath before him or them in relation to the affairs of such corporation, firm, or individual. The person or persons making such examination shall make a full and detailed report of the condition of such corporation, firm, or individual to the auditor of public accounts. SEC. 8. [Compensation of examiners-Bond.]-Every person appointed to examine the affairs of any bank, corporation, firm, or individual transacting a banking business shall receive compensation for such examination at the rate of ten dollars ($10.00) for each day by him employed in such examination, which shall be paid to him by the bank, corporation, firm, or individual, whose affairs are examined; Provided, That the fees paid by any such corporation, firm, or individual for any such single examination shall not be less than ten dollars ($10.00) nor more than twenty dollars ($20.00) and that no such corporation, firm, or individual shall be required to pay for more thar one such examination in any one year; and provided further, that all fees collected by any such examiner in excess of the sum of two thousand dollars ($2,000) per annum and all his necessary traveling expenses shall be paid in to the state treasury for the benefit of the general fund. Every person appointed as such examiner shall make at the end of every year to the auditor of public accounts, state treasurer, and attorney general a detailed report of all fees collected by him under this act, and of all his necessary traveling expenses in the performance of his duties as such examiner; and shall give a bond in the sum of ten thousand dollars ($10,000) executed by himself with SEC. 8. Compensation cannot be increased by state board. 47 N. W. R., 477. 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 (15c) 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 c.) 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 demand. 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 individcal 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 suc~cessors 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 [Id., § 2.] cases. SEC. 14. Supreme court may appoint receiver to wind up affairs of bank. 28 Neb., 678. Took effect February 24, 1879. Loans and deposits unauthorized. 8 Neb., 67. Garnishment of treasurer's deposit. 11 Neb. 434. CHAPTER 8 a.-BEES. 66 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 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. 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 a. "An act to protect bee husbandry from foul brood and other infectious and contagious diseases.” Took effect June 5, 1885. |
