The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-15

all moneys belonging to this State, or to any
county OF this State, in his possession until ols
bursed according to law. He must not place
the same in the possession of any person, to DC
used Tor any purpose; nor must he loan or III
any manner use, or permit any person to use
the same. except as provided by law; but moth
Ing in this section prohibits him from making
special deposits for the safe keeping OF the pub
lie moneys, but he shall be liable therefor on
his official bond"
Under the laws of this State no officer has
the right to make, and no bank has the right to
receive, general deposits of public moneys
and violation of the said laws is a criminal
OHenSe on the part OF the officer who makes
such deposits, and the bank that receives them
The only right bank can have to the custody
OF pubic moneys is to receive them as special
deposits; that is, to place and keep such funds
In It's vaults and deliver the identical funds
deposited to the officer when he demands the
same. II should not appear on the books OF
the bank as assets or liabilities. The bank is
simply the Keeper or custodian of the money,
has no right to use it, or to mingle it with the
funds Of the bank, and to do either is public
offense on the part of its officers. The form OF
the certificate of deposit does not in the least
alter the character of the transaction. The
money does not belong to the bank. 1t has no
fiigh1, lot any purpose. to take, use or handle
is vested in the public officer or other person
charged by law with its receipt, safe.keeping,
transfer or disbursement. Your attention Is
called to section 424, Penal Code, subdivisions
3 and 4, as follows:
"424. Each officer of this State, or any
county, city, town or district of this State, and
every other person charged with the receipt,
lie moneys, who either 8. Who fails
to keep the same in his possession until dis
bursed or paid out by authority of law, or, 4.
Unlawfully deposits the same, or any portion
other person is WI" pun shay eah bV i@ ur
prisonnent in the State Prison for not less
than one year nor more than ten years, and is
disqualified from holding any office in this
State"
While these provisions are specifically di-
rected against the officer or person charged
with the receipt, safe-keeping, transfer or dis
bursement of public moneys, the person,
natural or corporate, who receives such money
from such officer or person violates the Grim
inal law and is amenable to its penalties.
The practice OF receiving general deposits of
public moneys being in violation of the laws of
this State and an unsafe manner of conducting
the banking business, it is therefore, by a
unanimous vote of the Board of Bank Com
missioners,
Ordered THAT from and after the receipt
of this communication you will not receive
ficer OF the State of California, or of any
county, city, town, or district OF this State, or
any other person charged with the receipt,
safe-keeping, transfer, or disbursement of pub
lie moneys. Hereafter you will receive from
said officer, or any other persons having the
custody of public moneys for safe-keeping,
transfer, or disbursement, the same only as a
special deposit, in strict accordance with the
views hereinbefore expressed.
II-That all Irregular or general deposits
heretofore made with you by any officer
or person named in the foregoing par
agraph. be returned to the officer or
officers, person or PERSONS, by whom
said deposits were made, and that hereafter
you will absolutely refuse to receive any gen.
eral or other deposit from any such officer,
officers, person or persons, except as a special
deposit as directed in paragraph l of this order.
1Il-That you report your compliance With
paragraph ii of this order on or before the Both
day OF June, 1896. You will please notify the
commission of the receipt of this communica-
ton.
By order of the Board of Bank Commits.
sioners.
Attest. c. II. DUNsMooR, Secretary.