duties and non-perform SECTION 54. The person so appointed as an exam- Examiner's iner shall have power to make a thorough examina- penalty for tion into all the books, papers and affairs of the bank, ance. and, in so doing, to administer oaths and affirmations, and to examine under oath or affirmation any stockholder, director, officer, agent, employe, clerk of such bank, or other individuals, touching the matters he shall be authorized and directed to inquire into and examine, and to summon, and by attachment, compel the attendance of any person or persons in this Territory to testify, under oath, before him, in relation to the affairs of the bank. The person making such examination shall make a full and detailed report of the condition of such bank to the Territorial Banking Board: Provided, That any examiner appointed under the provisions of this act, who shall knowingly and willingly make any false or fraudulent report of the condition of any bank which shall have been examined by him, with the intent to aid or abet the stockholders, directors, officers, owners or agent of such bank in continuing to operate an insolvent bank; or if any such examiner shall receive or accept any bribe or gratuity given for the purpose of inducing him to not file any report of any examination made by him of any bank, or who shall neglect to make an examination of any bank by reason of having received or accepted any bribe or gratuity, he shall be deemed guilty of a felony, and on conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years: Provided, further, That such examination of any bank shall be made in the presence of at least two of the board of directors of the bank undergoing such examination, and it shall be the duty of the examiner to incorporate in his report herein referred to. the names of the directors in whose presence the examination was made. compensa bond. SECTION 55. Every person appointed to examine Examiner's into the affairs of any bank, shall receive compensation and tion from each and every bank so examined by him as follows: From banks having a capital of fifteen thousand dollars or less, fifteen dollars; from all banks having a capital of more than fifteen thousand dollars and not more than twenty-five thousand dollars, Examiner member of banking board. Penalty for false slate or report. twenty dollars; from all banks having a capital of more than twenty-five thousand dollars and not more than thirty-five thousand dollars, twenty-five dollars; from all banks having a capital of more than thirtyfive thousand dollars, thirty dollars: Provided, That no such bank shall be required to pay for more than one such examination in any one year: And provided further, That all fees collected by such examiner in excess of the sum of one thousand dollars per annum and all his necessary traveling expenses, shall be paid to the treasurer of the Territorial Banking Board. Such examiner shall make, at the end of every year ending June thirtieth, to the Territorial Banking Board, a detailed report, under oath, 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 twenty-five thousand dollars, executed by himself, with at least two sufficient sureties, to be approved by the Territorial Banking Board, conditioned for the faithful performance of his duties as such examiner. SECTION 56. The examiner appointed by the Territorial Banking Board, shall be ex officio a member of such board, and shall assist such board in the performance of its duties, and shall act under the direction of said board. SECTION 57. Any person or persons who shall wilment, record fully and knowingly subscribe to, or make, or cause to be made, any false statement or false entry in the books of any bank, or shall knowingly subscribe to, or exhibit, false papers with the intent to deceive any person authorized to examine into the affairs of such bank, or shall make, state or publish any false statement or report of the amount of the assets or liabilities of any such bank, shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by imprisonment not less than one year nor more than ten years. Examiner's oath. SECTION 58. Every examiner appointed by the Territorial Banking Board, shall, before entering upon the performance of the duties of his appointment, t‹ ke, subscribe and file with the Territorial Banking Board, an oath to support the constitution of the United States and the Organic Act of this Territory, to faithfully demean himself in office, to make fair and impartial examinations, and that he will not accept as present or emoluments any pay, directly or indirectly, for the discharge of any act in the line of his duty other than the remuneration fixed and accorded to him by law, and that he will not reveal the condition of any bank examined by him, or any information secured in the course of any examination of any bank, to anyone except the members of the Territorial Banking Board. No such examiner shall be appointed receiver of any bank whose books, papers and affairs he shall have examined pursuant to his appointment. violation of by examiner SECTION 59. For any violation of his oath of office, Penalty for or wilful violation of any duty imposed upon him by oath or duty this act, any examiner shall be deemed guilty of a felony and upon conviction shall be punished by imprisonment for a term not less than two years nor more than ten years; and upon indictment of any such examiner for any violation of this act, he shall be disqualified from the further discharging the duties of such office until such indictment is fully disposed of. not to use portation. SECTION 60. It shall be unlawful for any examiner Examiner appointed under the provisions of this act to accept, free transreceive or ride on any free transportation, and any officer or person, who shall request such free transportation for any such examiner, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than one hundred nor more than five hundred dollars. banks to com act. SECTION 61. Any person or persons, corporation, Time for firm, partnership, association or other institution that ply with this may be engaged in a banking business, receiving deposits, buying and selling exchange, at the time this act shall become of force and effect, shall, on or before the first day of January, eighteen hundred and ninety-eight, conform to the provisions of this act, or shall wind up its business and cease to carry on the same, and in case of failure so to do, the Territorial Banking Board shall take charge of the same, and Repeal of laws in con pealed. cause a receiver to be appointed to close up the business and affairs thereof. SECTION 62. Chapter 17, of the statutes of Oklaflict, and sav- homa, 1893, in so far as the same provides for and reing violations of laws re- fers to the incorporation of banks, or other associa tions doing a banking business, and receiving deposits, shall be, and the same is, inoperative and void, and all of chapter 7, of the statutes of Oklahoma, 1893, and all laws and parts of laws inconsistent herewith, are hereby repealed: Provided, That this act shall not affect any offense committed or right of action accruing from the taking effect hereof, but all such offenses or rights of action shall remain and be prosecuted under the law existing at the time such offense was committed or such right of action accrued. SECTION 63. This act shall be in force and effect from and after its passage and approval. Approved March 12, 1897. Bonds issued AN ACT to amend section 1, of article 1, of chapter 7, of the Session Laws of Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That section 1, of article 1, of chapter of outstand-7, of the session laws of the Territory of Oklahoma for payment indebtedness. not exceed in per cent uation. of for 1895, be and the same is hereby amended to read ing warrant as follows: Section 1. That the Territory of Oklahoma, every county, every municipal corporation, the board of education of every city and every school district, is hereby authorized and empowered to fund its outstanding legal warrant indebtedness in the order of their registration, and to issue bonds for that purpose in a sum not exceeding the amount of such indebtedness, and in no case to issue bonds in excess of four per cent. of the assessed valuation according to Bonds must the last preceeding assessment of the municipality amount four issuing the same. In the case of Territorial bonds, all assessed vallegal warrants issued under authority of said Territory, may be funded: Provided, That the whole amount of such Territorial bonds so issued shall not exceed one per cent. of the assessment of said Territory at the past preceeding annual assessment: Provided further, That no bonds heretofore issued and sold or signed and sealed by proper officers and unsold by any county, city, or other municipal corporation or board of education of any city, or any school district under this act to fund outstanding legal warrant indebted bess, shall be declared or held to be illegal by reason of the fact that some or all of the warrants so funded or to be redeemed with the proceeds of the sale of such bonds, were issued subsequent to the date of the approval of said Act, to-wit, March 8, 1895, but all such bonds are hereby declared to be legal and binding obligations upon said counties, cities, municipal corporations, boards of education and school districts, notwithstanding supposed invalidity thereof by reason of the fact that they were issued or signed and sealed by proper officers and unsold in whole or in part to fund warrants so issued subsequent to March 8th, 1895, and the issuance, sale and delivery of all bonds heretofore made is hereby legalized. SECTION 2. All Acts or parts of acts in conflict herewith are hereby repealed. SECTION 3. This Act shall be in force and effect from and after its passage and approval.. Approved March 12th, 1897. |