clare and affirm under the pains and penalties of perjury) that I will support the constitution of the United States and of the State of Colorado, and that I will in all things faithfully execute the duties of an attorney and counselor at law according to the best of my understanding and abilities. And the oath so taken and subscribed shall be filed with the Clerk of the Supreme Court and made a part of the records of his office.

Sec. 2. That Section 72 of the General Statutes of Amended. 1883 be, and the same is, hereby amended to read as follows, to-wit:

Sec. 72. It shall be the duty of the Clerk of the Clerk of Supreme Court to make and keep a roll or record of the Supreme Court persons who have been regularly licensed and admitted keep roll of to practice as attorneys and counselors at law within attorneys. this State, and who have taken the oath as prescribed

in Section 1. hereof.

Sec. 3. That Section 77 of the General Statutes of Amended. 1883 be, and the same is, hereby amended to read as follows, to-wit:

and

Sec. 77. No person who holds a commission as Judges of Judge of any District Court shall be permitted to prac. District Court tice as an attorney or counselor at law in the Court in not practice. which he presides as Judge of the District Court, nor shall any cororner [coroner], sheriff, deputy sheriff, jailer Coroners, or constable be permitted to practice as aforesaid in the sheriffs, jailers County in which he is commissioned or appointed, nor constables. shall any Clerk of the Supreme Court or District Court be permitted to practice as an attorney or counselor at law in the Court in which he is Clerk; and no person Clerk of shall be permitted to enter his name on the roll or rec- Court. ord to be kept as in this Act provided, by the Clerk of the Supreme Court, or do any official act appertaining to the office of attorney or counselor at law, until he hath taken the oath as prescribed in Section 1 hereof, which oath may be taken before any person entitled under the laws of this State to administer oaths, on the form to be furnished by the Clerk of the Supreme Court, and which oath filed in accordance with Section 1 of this Act shall be sufficient authority to the Clerk of the Supreme Court to enter or insert on the roll of attorneys and counselors at law the name of the person taking such oath and to whom the certificate as provided in Section 2 hereof is issued.

Amended.

Oath administered before signing rolls.

Emergency.

Sec. 4. That Section 78 of the General Statutes of 1883 be, and the same is, hereby amended to read as follows, to-wit:

Sec. 78. The oath as prescribed in Section 1 hereof shall be administered to every attorney and counselor at law before they subscribe the respective rolls.

Sec. 5. In the opinion of the General Assembly an emergency exists; therefore, this Act shall take effect from and after its passage.

Approved March 7, 1907.

CHAPTER 111.

BANKS AND BANKING.

Bank

Commissioner

Governor appoint.

Qualifications.

Term of office.

(H. B. No. 161, by Mr. Bryan.)

AN ACT

IN RELATION TO BANKING, AND MAKING AN APPROPRIATION
THEREFOR, AND TO PROVIDE FOR THE APPOINTMENT,
AND PRESCRIBING THE POWERS AND DUTIES, OF A
STATE BANK COMMISSIONER, FOR THE REGULATION OF
BANKING, AND PRESCRIBING PUNISHMENT FOR ANY VIO-
LATION OF THE PROVISIONS OF THIS ACT; AND TO RE-
PEAL ALL ACTS AND PARTS OF ACTS IN CONFLICT
HEREWITH.

Be it Enacted by the General Assembly of the State of Colorado:

Section 1. APPOINTMENT OF BANK COMMISSIONER. Upon the passage of this Act, and every four years thereafter the Governor shall, by and with the consent of the Senate, appoint as State Bank Commissioner some qualified person who is and shall have been for more than three years last past, a citizen of this State, and who shall have had at least five years experience in practical banking, and who shall not be interested directly or indirectly in any bank or banking corporation, except as a depositor, whose term of office

shall be four years, such State Bank Commissioner to possess and exercise all of the powers, and to perform all the duties, hereinafter set forth; Provided, that the ProvisoDuties begin. powers and duties of the first State Bank Commissioner appointed under this Act shall not begin until July 1st, 1907.

Sec. 2. SALARIES AND EXPENSES OF COM-Salary MISSIONER'S OFFICE. The salary of such State Commissioner. Bank Commissioner shall be $3600.00 per annum, and

Office at State

he may appoint a deputy whose salary shall be $2400.00 Deputies' per annum, and if he shall find it necessary he may em-salary. ploy a clerk and stenographer at a salary of not to ex-Clerk and ceed $1000.00 each, per annum. Such Commissioner stenographershall maintain an office at the State Capitol Building, salary. which shall be furnished at the expense of the State, Capitol. and such Commissioner and his deputy shall also be entitled to the necessary traveling expenses actually Traveling paid out, in the performance of the duties of the office; expenses. Provided, that no salary or expense shall be paid to the Provisofirst State Bank Commissioner appointed under this Act, No salary or or to any of his deputies or clerks, for any time he or untilthey may hold office prior to July 1st, 1907.

expenses

Sec. 3. ENTERING UPON DUTIES-OATH AND Oath of office. BOND. Except as herein before otherwise provided for the first State Bank Commissioner, every State Bank Commissioner shall enter upon the duties of his office Appointment upon the first Wednesday of April, next following his take effectappointment; but before entering upon the discharge of his duties, in addition to the general oath of office required by the Constitution, he shall take and subscribe

to an oath to keep secret all information obtained by Information him in the course of the discharge of his duties, except kept secretso far as the public duties of such office require him to except. report upon or take special action regarding the affairs

take same
oath.

of any bank; and the deputy, and employes shall be Deputy and required to take and subscribe a like oath of office, other employes Such Commissioner, and his deputy shall each give bond running to The People of the State of Colorado, in the penal sum of ten thousand dollars, with some qualified Bond-for surety company as surety, to be approved by the Gover. faithful nor and Attorney-General, conditioned for the faithful duties. and impartial discharge of the duties of his office and the accounting for and paying over of all moneys coming into his hands as such officer, which oath and bond

discharge of

Suit on bond.

Penalty for disclosing information.

Seal of office.

Examination of banks.

How often.

Power to require of directors books, etc.

Witnesses-
Summon and

compel
attendance.

shall be filed in the office of the Secretary of State. The surety company fee shall be charged up as an expense of the office. Suit may be maintained on such bond in the name of The People of the State of Colorado, for the use of any party aggrieved by a breach of its conditions.

Sec. 4. INFORMATION KEPT SECRET. If any State Bank Commissioner, deputy, or employe, shall, contrary to the provisions of this Act disclose any of the information received by such Commissioner, deputy, or employe, upon conviction thereof he shall forfeit his office or employment, and shall be fined in a sum not less than Five Hundred Dollars nor more than One Thousand Dollars, or imprisoned in the State Penitentiary for not less than six months nor more than two years, or shall be subject to both such fine and imprisonment, in the discretion of the court.

Sec. 5. SEAL. The State Bank Commissioner shall have a seal of office, containing the words "State Bank Commissioner of Colorado" in the form of a circle, and the word "Seal" within the circle.

Sec. 6. EXAMINATION OF BANKS. It shall be the duty of the State Bank Commissioner, and he shall have power by himself, or his deputy, to examine at least twice each year, and oftener if he deems it advisable, the cash, bills, collaterals, securities, books of account, stock books, minute book, stock certificate books, and every other book, and all deeds, mortgages, documents and other instruments, and all of the assets and liabilities, of whatsoever kind or nature, and the conditions and affairs, of each bank doing business in this State, and the methods employed by each bank in the transaction of its business, and for the purpose he shall have power to require of any of the directors, officers, owners, agents or clerks of such bank, to furnish information to him touching the affairs, assets and business of such institution and, in so doing, to administer oaths and affirmations and to examine on oath or affirmation any individual banker and the officers, agents, partners, and clerks of such bank, corporation, firm or individual, touching the matters he or they 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 State to testify

under oath before him or them in relation to the af

fairs of such corporation, partnership, firm or individual.

The Commissioner making such examination shall make Commissioner and file in the office of the Bank Commissioner a full file report. and detailed report of the condition of such bank. Any person making such examination who shall knowingly

and wilfully make any false or fraudulent report of the Fraudulent condition of any bank which shall have been examined report. by him, with the intent to aid or abet the officers, owners, or agents of such bank in continuing to operate an insolvent bank; or for the purpose of injuring any bank, its officers, owners, or agents, or if any such person shall receive or accept any bribe or gratuity, given for any purpose, 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 felony, and, on conviction thereof, shall be imprison- Felony. ed in the State Penitentiary for not less than two, nor Penalty. more than ten years; Provided further, that at any ex- Provisoamination there may be present two of the directors or Directors owner or owners of the bank undergoing said examina-present. tion; and it shall be the duty of the Examiner to in- Examiner corporate in his report herein referred to, the name or report persons names of the directors or person or persons in whose present. presence the examination was made.

furnish information.

Sec. 7. REFUSAL TO FURNISH INFORMA- Refusal to TION. Whenever any director, officer, owner, clerk or employe of a bank shall refuse to submit the books, papers or concerns of such bank to the inspection of the State Bank Commissioner, or his deputy, or refuse to furnish information to them touching the concerns of such bank, such Commissioner may, through the AttorneyGeneral and with his consent, institute proceedings for Appointment of the appointment of a receiver for such bank, and to receiverwind up its business.

Sec. 8.

when.

IMPAIRED CAPITAL. Whenever the Impaired State Bank Commissioner shall have reason to believe capital. that the capital of any bank is impaired, it shall be his duty to examine, or cause to be examined, the business and affairs of such bank, and its liabilities and assets, and to ascertain the true condition of such bank; and if he shall find that the capital thereof is impaired, he shall Request bank at once require such bank to make good the deficiency. to make good If any bank shall fail or refuse for sixty days thereafter the deficiency.