Page:1889 North Dakota Session Laws.pdf/109

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BANKING.
113

provided for, shall upon conviction thereof pay a fine of not less than fifty (50) dollars or more than five hundred (500) dollars for each offense, to be recovered before any court having competent jurisdiction, and all fines and penalties so recovered shall be paid into the State Treasury.

§ 24. FALSE STATEMENTS-PENALTY.] Every officer, agent or clerk of any association under this title, who willfully and knowingly subscribes or makes any false statements or entries in the books of such association or knowingly subscribes or exhibits any false paper with the intent to deceive any person authorized to examine as to the condition of such association, or willfully subscribes or makes false reports, shall be subject to imprisonment at hard labor in the State's prison for such term, not less than one year or more than ten years, as the court trying him may designate.

§ 25. INSOLVENT BANK NOT TO RECEIVE DEPOSITS.] No banking association 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 banking association is insolvent.

§ 26. PENALTY FOR VIOLATION OF PRECEDING SECTION.] If any such banking association 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 $10,000, or by imprisonment in the penitentiary not exceeding five years, or by both fine and imprisonment as aforesaid.

§ 27. WHEN BANKS MUST ORGANIZE UNDER THIS ACT-PENALTY.] It shall be unlawful for any individual, firm or corporation, to continue to transact a banking business or to receive deposits for a period longer than six months immediately after the passage and approval of this act, without first having complied with and organized under the provisions of this act. Any person violating the provisions of this section either individually or as an interested party in any association or corporation, shall be guilty of a misdemeanor, and on conviction thereof be fined not less than five hundred (500) dollars nor more than $1,000, or imprisonment in the county jail not less than ninety days or either or both at the discretion of the court.

§ 28. FORFEIT OF FRANCHISE FOR FAILURE TO OBEY ORDER OF PUBLIC EXAMINER.] Every association organized under this title which shall refuse or neglect to comply with any requirement lawfully made upon it by the Public Examiner, pursuant to this chapter, for the period of ninety days after demand in writing is made, shall be deemed to have forfeited its franchise, and any failure on the part of such association to comply with, or any vio-