The Birmingham age-herald., 1915-03-18


 Sec. 1s. That section s4 is hereby amended so as to read as follows: Sec 3f. The superintendent of banks shall be liable on his official bond to any person or corporation injured on account of the failure of the su- perintendent or any examiner appoint ed by the superintendent to faithfully discharge the duties of his office Suit may be brought in a court of com petent Jurisdiction in the name or tha state for the use of the injured party The superintendent of banks must a. the time that he appoints an exam iner or office assistant or at any oth- CT time, require such examiner or of- flee assistant to give bond in the sum of $10,000. payable to the state of Ala bama, with surety company or com- panies as surety qualified to do busi- ness in Alabama, to indemnify the su perintendent and all other persons against all loss which the .superintend ent or any other person may sustain by reason of the examiner or office assistant failing faithfully to dis charge his duty and the premiums on said bonds of the examiners end of flee assistant shall be paid by the state on warrants drawn by the auditor on the treasurer and payable to the surety company making said bonds.
 Sec 20. That section 39 is hereby amended so as to read as follows: Sec 39. Any person who knowingly and willfully verifies by oath or affirma- tion any false report of the condition Of a bank made to the superintendent of banks on the call of the super intendent for such report, shall be guilty of perjury, and, upon eonvlc' ton, shall be sentenced to the peni- tentiary for not less than one nor more than five years. And the signature IL. t, ft.a I, .,r. affirmation shall be prima facic evil dence of the fact that he knowingly and willfully violated said oth or af- firmation.
 Sec. 2f. That section fl Is hereby amended so as to read as follows: Sec. fl. Any individual banker. officer or manager of any incorporated bank or individual banker who receives any de- posit for a bank, permits the same to be received, knowing or having good reason to believe at the time such de- posit is received that such bank or in~ dividual banker is insolvent, or in @ falling condition, is guilty of mis- demeanor if the amount or value of such deposit be less than $25.00, and. on conviction must be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months, and may also be fined nos more than $500 at the discretion of the Jury; if the amount or value of such deposit be $25.00 or over, such person Is guilty of a felony, and on conviction must be imprisoned in the penitentiary for not less than one nor more than five years. The failure of any bank shall be prima facie evidence of the knowlege on the part of said individual banker, officer or manager of any incorporated bank or individual banker, that the same was insolvent or in a failing con dition when the money or property was received on deposit provided sxch deposit was received or accepted within 10 days before said individual banker or in- corporated bank closed it's doors for business; provided further that the facts and circumstances of suSh failure may be sufficient to rebut the presumption of guilt.
 Sec. 22. That section 45 is hereby amended so as to read as follows: Sec. 45. Any individual banker, or officer, director, agent, teller or employe of an incorporated bank, or of an individ- ual banker who wilfully and knowing 1y overdraws his account with such bank and thereby obtains money or funds of any such bank or asks or re- ceives, or consents, or agrees to re- ceive any commission, emolument gra- tuity or reward, or any promise of any commission, emolument, or reward, or any money, property or thing of value or of personal advantage, in procuring or endeavoring to procure for any per- son, firm or corporation any loan from or the purchase or discount of any pa- per, note, draft, check or bill or ex- change, by any such bank, is guilty of a misdemeanor and, on conviction. must be imprisoned in the county jail or sentenced to hard labor for the coun- ty for not more than 12 months, and may also be fined not more than $500, at the discretion of the jlA'y.
 Sec. 23. That section 46 is hereby amended so as to read as follows: Sec. 46 Any individual banker or director, officer, agent or employe of an in corporated bank or individual banker, who wilfully and Intentionally know ingly receives or possesses himself of any of its property otherwise than in payment for a just demand, and with intent to defraud. and omits to make or causes the omission of full and true entry thereon in its books and ac- counts, shall be guilty of a felony, and on conviction shall be sentenced to the penitentiary for not less than two or more than 10 years. Any individual banker or director, officer. agent or employe of an incorporated bank or in- dfvidual banker, who makes or concurs in making any false entry or wilfully and Intentionally concurs in emitting to make any material entry on it's books and accounts, shall be guilty of felony and on conviction must be sem fenced to the penitentiary for not less than two years or more than 10 years. Any individual banker, or director. of- flcer, agent or emp1oye of an incorpor- ated bank or individual banker, who (1N knowingly by letter head, newspaper advertisement or otherwise, represents It's capital stock to be in excess of the actual capital paid in, or knowingly concurs in making or publishing any written report, exhibit or statement of It's affairs or pecuniary conditions, making any material statement which is false. or knowingly omits or con- CUTS in emitting any statement re- quired by law to be contained therein; or CD refuses or Intentionally neglects to make any report or statement re- quired by law, is guilty of a misdemean or, and, on conviction. may be impris- oned In the county jail or sentenced to hard labor for the county for not more than 12 months, and may also be fined not more than $500, at the discretion of the jury.
 Sec. 24. This act as amended shall ro thereof
 Section 20. If any part or provisions of any section of this act as amendad snail be declared unconstitutional. said unconstitutionality shall not effect or oestroy any other part or provision or any other section of this act,
 Approved February 15. 1915
 Attest:
 JOHN PURIFoY,
 Secretary of State.
 NO. y)