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the Senate unel
To reside at the seat of Gov. onment.
Seal of otlie
To hayo ae. cess to the
To submit bix
Senate and Speaker of the llouse, a list of all persons who are
To report to defaulters to the State on account of any public moneys; and if, long in such list, the name of any member of the General Assembly and list of doshould appear, the Tlouse to which he may have been returned shall take such action as may be deemed necessary.
SEC, 71. The Auditor shall reside at the seat of the Government and shall keep his office in the State Ilouse.
SEC. 72. He shall keep a seal of office, to be furnished at the expense of the State, which shall be used to authenticate all writings, papers, documents, etc., certified from his office.
SEC. 73. He shall also keep a letter book, in which shall be copied all official letters which may be written by him.
SEC. 74. lIe shall have authority and power to a minister Authority to oathis required and allowed by law in all matters touching the winnister duties of his office..
SEC, 75. lie shall have full access to the books of the Treasurer and to all ofiices of the State for the inspection of all books, Spokorrus. accounts and papers which may concern the cluties of his office, urer and other
SEC. 76. It shall be the duty of the Auditor to submit all of his books, accounts, vouchers and other official documents in his Iwoks, accounts office to a joint committ'e of the General Assembly, to become wint appointed immediately after the commencement of each regular the General As
sembly: session, for examination and settlement. Sec. 77. In case of death, sickness, absence from the
Vacancy tem State, removal from office, resignation or impeachment, porrily tiledi. the Governor shall appoint an Auditor of Public Accounts for the time being, until successor
be elected according to law,or until such absence or disability shall cease.
SEC. 78. The person appointeil under the provisions of the preceding section shall give the same boud and security, and bond, etc. receive the same compensation allowed by law to the officer whose duty he is appointed to perform, in proportion to the time he shall hold the oflice; and in all cases the sum allowed him shall be deducted from the salary of the ollicer whose office he may have been appointed to fill temporarily.
SEC. 79. Immediately after the election and qualification of Accounts of the Auditor, or the resumption of his luties, if in the meantime Auditor pro
tenpere to lo an Auditor pro tempore shall have been appointed, the General Sur Asseinbly, if in session, if not, the Governor, shall cause a settlement of accounts of the Auditor pro tempore remaining usettlerd, and cause a certificate of such settlement to be made out and delivered to the person entitled thereto, showing the balance of money, securities, and effects for which he is accountable, and what has been delivered to his successor.
SEC. SO. It shall be the duty of the Auditor of Public Accounts, whenever he shall grant a warrant or certificate of indebtedness, in settlement of any interest warrant or coupon pons to can due by the State, to cause said interest warrant or coupon to be cleanul regina canceled or detacell, by being puncher twice in the centre, and pasted in a register, to be called Register of Cancellor Defacer Coupons, which interest warrant or coupon, when so canceled or
tempore to give tra session.
Interest War rants and con
without bond filed.
Treasurer and other minister
1870-126, ex- defaced and pasted in said register, shall be kept as vouchers in
SEC. 81. The Auditor of Public Accounts shall not recognize to recognize
any Tax Collector or Assessor until his bond and oath of office shall have been filed in the office of the Auditor of Public ACcounts, and his bond recorded in the mortgage office of the parish for which he is appointed..
SEC. 82. Hereafter it shall not be lawful for the Auditor of Anditor, Public Accounts, the State Treasurer, or other niinisterial
officers of the State, to be or appear in any court of the State, ial oflicers to either in person or by private counsel, to institute, maintain, appear in court by Attorney defend, prosecute, or in any manner interfere, or attempt to conGeneral or Dis- trol any suit, writ, or other legal process (except criminal pro
ceedings) which may be brought against them in their official capacity, or in which the State may be interested, directly or indirectly, or be in any wise a party; but in all such cases the papers shall be served, if the action be instituted in the parish of Orleans, on the Attorney General, and if in any other parish, on the proper District Attorney, and such officer shall thereupon have sole charge of the conduct of such action; provided, that the Governor or the Attorney General may, in any case of necessity, designate an attorney at law to assist the attorney of the State, or in case of his absence or inability to act, or if he be unwilling or interested, to take charge of such case, with power to act. And it shall be the duty of the Auditor of Public ACcounts, the State Treasurer and other ministerial officers of the State, or persons charged with the execution of any State contract, or act imposed by law, or pertaining to the duties of his station, on application, or if he have doubt as to the proper course to be pursued, to refer the matter, with all information in his possession, to the Attorney General of the State.
SEC. 83. Hereafter it shall not be lawful for any court of the State to entertain, or maintain or recognize any action, suit, writ or other legal process, or any pleading in any case wherein the Auditor of Public Accounts, the State Treasurer, or any other ministerial officer, shall appear as a party to the record, either in person or by private counsel, but all such proceedings shall be refused or dismissed (either ex-officio or on motion) as in case of non-suit, without prejudice to the rights of parties interested ; provided, that in every such case the officer thus unlawfully appearing shall be condemned to pay the costs of suit therein; and provided further, that notice of such dismissal shall be served on the Attorney General, or proper District Attorney, who may, on motion, re-instate and maintain such action as it stood at the moment of dismissal, without prejudice to the rights of parties interested, if he deem it expedient so to do.
SEC. 84. In every case in which process issues from any
court against the Auditor of Public Accounts, or any other cess of Court. ministerial officer of the State, service shall also be made on
such officer, and he shall, be amenable, as heretofore, to all process of court, and subject to punishment for any violation of any order, writ or judgment, as now provided by law, and such further punishment as the court may deem necessary to maintain its jurisdiction and enforce its mandates.
Duting of State Courts.
Anditor amenable to pro
BANKS AND BANKING INSTITUTIONS.
Penalty for Auditor countersign-
how executed and published. 88 Plates, etc., to be kept by the Au-
failure to pay
Notes, their form and device...... 95
sale of securities by the Au-
Anditor, duty of, as regards the
Damages due holders of protested
When to institute proceelings Amount of cash, bills and dis-
against banking companies .. 97 counted paper, banks are re-
the proportions to cash liabili-
Transfer and canceling of securi-
98 | Banking companies established out
Canceling mutilated notes........ 98 of New Orleans, may have an
posited to be filed with the Powers and duties of State Treas-
urer and Secretary of State...113 Publication, how verified ........126 Quarterly statement to be made Omission to make such publica
by the banking companies....113 tion subjects the corporation Quarterly publication of state
.127 ments ...
114 Administration on dividends, etc.128 List of stockholders to be fur- Legal proceedings tried by prefernished.......
129 B:wks to be banks of deposit and Banking institutions in parish of discount, as well as banks of
Orleans to make reports......130 circulation
..116 State Treasurer to publish report. 130 Capital stock, how taxed.. ..117 | Penalty for failure to make report 131 Ilow banks may take up securities Report to be made by banking in
deposited with Auditor 118 stitutions outside the parish Notice to holders of notes to pre
132 sent the same to the Auditor.119 To be published
.132 Notes to be presented within one Penalty for failure to comply with year.... 119 these provisions
.132 Auditor may appoint, with ap.
Form of report..
...133 proval of Governor, additional Form of report of Banking instituclerks..
120 tions baving no capital stock. 134 Said clerks, how paid............120 State Treasurer to compilo and Compensation of Treasurer and
transmit reports to the GenSecretary, how paid .........121 eral Assembly.......
...135 Stock of persons dying, being non- Right of Treasurer and Auditor to residents, how sold or trans
examine the affairs of banking ferred .. . 122 institutions ...
..136 Penalties against banks buying or Committee of General Assembly to selling produce ...
.123 examine and report the condiBank discount..
124 tion of banks and banking Annual statements of unclaimed
......137 and unsettled balances, how Banks to make and publish only and when to be published....125 quarterly reports .... 138
SEC, 85. Any person or association of persons, or corporaFreo banking tion formed in compliance with the following provisions, may
transact the business of banking in this State, and establish offices of discount, deposit and circulation for that purpose upon the terms and conditions, and subject to all the liabilities and
penalties herein described. l'owers grant
SEC. 86. Bankers and banking corporations, carrying on the business of banking, shall have power to discount bills, notes and other evidences of debt, to receive deposits, to buy and sell gold and silver bullion, foreign coins and bills of exchange, to lend money on real and personal security, and to exercise all
incidental powers necessary to carry on the business; but the capitial stock.
aggregate amount of the capital stock of the banker or corporation shall not be less than one hundred thousand dollars ; except that banks may be organized in any incorporated town, the population of which does not exceed two thousand inhabitants, with a cash capital of ten thousand dollars; where the population does not exceed four thousand inhabitants, with a cash capital of fifteen thousand dollars; where the population
Number of persons neces. sary for bank
does not exceed six thousand inhabitants, with a cash capital of twenty thousand dollars; where the population does not exceed ten thousand inhabitants, with a cash capital of twenty-five thousand dollars; where the population does not exceed fifteen thousand inhabitants, with a cash capital of thirty thousand dollars, and where the population does not exceed twenty-five thousand inhabitants, with a cash capital of fifty thousand dollars.
SEC. 87. Any person or persons, more than five, associating 1855–214. themselves for the purpose of banking, may constitute themselves a corporation, with power and authority:
First-To have and enjoy succession by a corporate name, to be ing. selected by themselves, for a period that shall be expressed and
ing corporalimited in the articles of association, not exceeding twenty years, tions. and by that corporate, name to sue and be sued, plead and be impleaded, appear, answer and prosecute, in any and all courts of justice and elsewhere
Second—To hold, receive, purchase and convey, by and under their corporate name, such property, real and personal, as may be indispensable to the objects of the association. The real estate which such corporation may lawfully purchase, hold and convey, shall be :
I. Such as may be necessary for the proper transaction of their business ;
II. Such as shall have been mortgaged to them in good faith as security for loans;
II1. Such as shall have been conveyed to them in satisfaction of debts previsusly contracted bona fide in the course of their business; an 1
IV. Such as they may purchase at sales under judgments of mortgages held by themselves, or in which they may have an interest, by being subrogated to rights, according to article two thousand one hundred and sixty-one of the Civil Code; but they shall not have power to hold any real estate, acquired in any way, except such as may be required for the transaction of their business, for a longer time than five years.
Third-To make and use a corporate seal, to be described in the articles of association.
Fourth—To name and appoint such managers and directors to administer the affairs of the corporation as they may think necessary and proper, the number and style of such directors or managers being described in the articles of association, and to fix the compensation of all persons in their employment. All the managers and directors shall be citizens of the State.
Fifth—To make and ordain such by laws for the proper man. agement of the affairs of the corporation as may be necessary and proper, and in conformity with the provisions of law, the articles of association and such by-laws, to repeal, alter and amend at pleasure.
SEC. 88. They shall be organized by written articles of association, executed by a notarial act, and recorded in the office of cles of nssociathe Recorder of Mortgages, or other officer exercising the func- cuted and pub. tions of Recorder of Mortgages, at the place named in the act as the place of business or domicile of the corporation; a certified corded. copy of the same shall be deposited in the office of the Auditor
Act to be ro