« ForrigeFortsett »
claims against such bank to present the same, and to make legal proof thereof. From time to time the Auditor of Public Accounts shall make a ratable dividend of the moneys collected by such receiver on all such claims as may have been proved to his satisfaction or adjudicated in a court of competent jurisdiction, and, as the proceeds of the assets of such bank are collected, shall make further dividends on all claims previously proved or adjudicated; and the remainder of the proceeds, if any, shall be paid over to the shareholders of such bank, or their legal representatives, in proportion to the stock by them respectively held. Whenever any such bank against which proceedings have been instituted, or for which a receiver has been appointed as aforesaid, on account of any alleged impairment of its capital stock or alleged conduct of its business, in an illegal, fraudulent or unsafe manner, denies such grounds, it may at any time within ten days, apply to the Circuit Court of Sangamon County, Illinois, to enjoin further proceedings in the premises; and such court after citing the Auditor of Public Accounts to show cause why further proceedings should not be enjoined, and after the decision of the court or finding of a jury that such grounds do not exist, shall make an order enjoining the Auditor, and any receiver acting under his direction, from all further proceedings on account of such alleged grounds. All expenses of any preliminary or other examinations into the condition of any such bank shall be paid by such bank. All expenses of any such receivership, including reasonable receiver's, solicitor's and attorney's fees to be approved by the Auditor of Public Accounts, shall be paid out of the assets of such bank. No bill shall be filed or proceedings commenced in any court for the dissolution or for the winding up of the affairs or for the appointment of a receiver for any such banking corporation on the grounds of insolvency or impairment of the capital stock of such banking corporation or upon the ground that such bank is being conducted in an illegal, fraudulent or unsafe manner, except in the name and by the authority of the Auditor of Public Accounts, represented by the Attorney General. At any time, whenever a majority in number and amount of the creditors of any such bank or association, after any such receiver shall have been appointed, shall petition the Auditor of Public Accounts for the appointment of any person nominated by them as receiver, who is a reputable person and elector of the county in which such bank or association is located, it shall be the duty of the Auditor to make such appointment, and all the rights and duties of his predecessor shall at once devolve upon such appointee. § 12. Whenever the board of directors, managers or trustees of any corporation having any banking powers existing by virtue of any general or special law of this State, or any corporation with banking powers hereafter organized under the provisions of this Act, may desire to change the name, to change the place of business, to increase or decrease the capital stock, to extend the duration of its charter, to increase arose the number of directors, managers or trustees, or to consoli† sith corporation with any other corporation having banking powers n of my hereafter exist, they may call a special meeting of the stocklies of such corporation for the purpose of submitting to a vote of on stockholders the question of such change of name, change of place isiness, increase or decrease of number of directors, managers or Tsots, increase or decrease of capital stock, extension of duration of 's later, or consolidation with some other corporation, as the case ote: Provided, that in changing the name of any corporation under o Misions hereof, no name shall be assumed or adopted by any corolition Organized under the laws of this State without the consent of * other corporation, and that in no case shall the capital stock be inished to the prejudice of the creditors of such corporation, or the olor of directors, managers or trustees be reduced to less than three "Holtåsed to more than twenty-one. | Such special meeting shall be called by delivering personally, or by *ting in the postoffice at least thirty days before the time fixed for * Hooting, a notice properly addressed to each stockholder, signed by ority of said directors, managers or trustees, stating the time, place *t of such meeting. A general notice of the time, place and ob* of such meeting shall also be published for three successive weeks ** Hewspaper printed in or nearest to the county in which the prino "siness office of said corporation is located. At any such meeting ors may vote in person or by proxy, each stockholder being * to one vote for each share of stock held by him, and votes repre"g two-thirds of all the stock of the corporation shall be necessary **loption of the proposed change of name, place of business, num*: of directors, managers or trustees, amount of capital stock, extension otion of charter or consolidation with some other company. At o *gular meeting, or at the time and place specified in said notice social meeting called for that purpose, said propositions, or any of * may be submited to a vote, and if it shall appear that two-thirds of "o represented by the whole stock of such corporation are in * s the propositions or any of them, so submitted, a certificate there**ified by the affidavit of the president, and under seal of the coro shall be filed in the office of the Auditor, and a like certificate o of record in the office of the recorder of deeds of the county where **ipal business office of such corporation is located; and upon the ** such certificate the changes proposed and voted for at such meet** to name, place of business, increase or decrease of capital stock, *r of directors, managers or trustees, extension of duration of o, or consolidation with some other company, shall be and is hereby o o in accordance with the said vote of the stocko o, further, that any corporation with banking o alling himself of or accepting the benefits of, or formed under, ** and all corporations with banking powers existing by virtue of *ial charter or general law of this State, shall be subject to the ** and requirements of this Act in every particular, as if organ* Inder this Act.
Such corporation shall, upon the filing of said certificate, cause to be published in some newspaper in or nearest the county in which their principal office is located, a notice of such changes of organization for three successive weeks. Such change of name, place of business, increase or decrease of capital stock, increase or decrease of number of directors, managers or trustees, extension of duration of charter, or consolidation of one corporation with another, shall not affect suits pending in which such corporations or corporation shall be parties; nor shall such changes affect causes of action, nor the rights of persons in any particular; nor shall suits brought against such corporation by its former name be abated for that cause. § 13. All corporations with banking powers consolidating as provided in section 12, shall forward to the Auditor the complete proceeding of their consolidation, a list of the stockholders, and such other records as the Auditor may require, when the Auditor shall proceed as provided in section 5 of this Act in regard to the organization of new banks, and until he shall so proceed, and such consolidated corporation shall comply with all the provisions of such section, it cannot begin business. § 14. In all cases where any corporation having any banking powers, existing under and by virtue of any general or special laws of this State, has, prior to the passage of this Act, changed its name or its place of business, or increased or decreased its capital stock or the number of its directors, managers or trustees, in the manner provided by an Act of the General Asembly of this State, entitled “An Act to provide for changing the names, for changing the places of business, for increasing or decreasing the capital stock, for increasing or decreasing the num: ber of directors, and for the consolidation of incorporated companies,” approved and in force March 26, 1872, such change or changes are here: by ratified and confirmed and made valid and legal in all respects as if made in pursuance of the provisions of this Act. § 15. Any association organized under this Act, or any corporation with banking powers organized in pursuance of any general or special law of this State, or any consolidated corporation with banking powers as provided for by this Act, on depositing with the Auditor an amount of money equal to the whole amount of debts and demands against it, including the expenses of this proceeding, may determine its affairs, distribute its assets among its stockholders, resign its charter or certificate of incorporation, and close up its business, by a resolution passed at a meeting of its stockholders called for such purpose. The Auditor shall cause a copy of such resolution to be published in some newspaper published in the city or village where such bank or corporation is located; or if no newspaper shall there be published, then in the newspaper nearest to such city or village, and the Auditor shall in such publication also give notice that the notes and demands against such bank or corporation will be redeemed by him, and if any outstanding notes or other demands are not presented in one year, such bank may deposit with the Auditor or elsewhere, under his direction, and subject to his order, on interest, a sum sufficient to meet such outstanding
kmands, which, when presented to the Auditor, shall be paid by him out of such sum and after six years from the day on which the publication of the dissolution was first made, the Auditor shall return to the stockholders, to be among them distributed, the remainder of any sum s' deposited. The Auditor shall be entitled to two per cent. of all money paid out by him under the provisions of this section, where the amount so paid, on account of any one bank or corporation, shall not exceed five thousand dollars, and one per cent. after that. § 15%. After January 1, 1921, no natural person or natural persols, firm or partnership shall transact the business of banking or the usiness of receiving money upon deposit, or shall use the word “Bank” or "Banker” in connection with said business or shall transact the business of transmitting money to foreign countries or buying and sling foreign money or receiving money on deposit to be transmitted to foreign countries provided that express, steamship and telegraph comsilies may continue their business of transmitting money and receiving money to be transmitted; and provided, further, that nothing herein ontained shall be construed to prohibit banks incorporated under the laws of this State or of the United States from appointing natural per. sols as agents to receive deposits of savings in and through the public *hools. Any person or persons violating this section shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment, and the Attorney General or State's attorney of the county in which any such violation occurs may restrain such violation by a bill in equity to be filed in the Circuit Court of such tounty. § 16. “An Act concerning corporations with banking powers” approved June 16, 1887, and all Acts amendatory thereof, are hereby repealed as of the date this Act becomes effective. $ 17. It shall be the duty of the Secretary of State for this State to submit this Act to a vote of the people for their ratification, according to Article XI, section 5, of the Constitution of this State, at the next general election, and the question shall be “For an Act to revise the law with relation to banks and banking” or “Against an Act to reWise the law with relation to banks and banking”. And if approved by A majority of the votes cast at such election for or against such law, the o shall thereupon issue his proclamation that this Act is then ls. IOTCe.
APPROVED June 23, 1919.
SANITATION AND LABELING.
§ 1. Definition. § 6. What constitutes unit for separate and distinct offense. § 2. Not to use certain materials. § 7. Duty of Chief Factory Inspector § 3. Not to sell certain bedding. to make investigation—State's attorney to prosecute. § 4. Form of labels and tags. § 8. Penalty for violation of Act. § 5. Labels and tags not to be re
AN ACT defining bedding and to provide for the tagging and labelling thereof, regulating the use of unsanitary materials therein, providing for the enforcement of the provisions of the Act and punishing violations thereof. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the term bedding as used in this Act shall be construed to mean any mattress, mattress pad, bed comforter, quilted pad, upholstered spring or pillow, except where the filling thereof consists exclusively of sterilized feathers. The word “person” as used in this Act shall be construed to impart the plural and the singular as the case demands and shall include corporations, companies, societies, and associations. When construing and enforcing the provisions of this Act, the act, omission or failure of any officer, agent or other person acting for, or employed by, any corporation, company, society or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission or failure of such corporation, company, society or association as well as that of the person. The provisions of this Act shall not apply in the case of renovation of articles of bedding by or for the owner thereof for his own use. § 2. No person shall use in the making or remaking of any article of bedding as herein defined any material of any kind that has been used by or about any person having an infectious or contagious disease, or has formed a part of any article of bedding which has been so used, unless such material has been disinfected by an approved process of disinfection. § 3. No person shall knowingly sell, offer for sale, deliver, consign in sale, or have in his possession with intent to sell, deliver or consign in sale, any article of bedding that has been used by or about any person having an infectious or contagious disease. § 4. No person shall sell, offer for sale, or consign in sale, or have in his possession with intent to sell, or consign in sale any article of bedding as hereinabove defined, unless the same be labelled and tagged as follows: Upon each of such articles of bedding there shall be securely sewed upon the outside thereof a muslin or linen label or tag, not less than 2 in. by 3 in. in size, upon which shall be legibly written or printed, in the English language, the material used as the filling of