thousand dollars and not exceeding fifty thousand dollars, twentyfive dollars; banks with a capital of more than fifty thousand dollars and not exceeding one hundred thousand dollars, thirty-five dollars; banks with a capital of more than one hundred thousand dollars and not exceeding one hundred and fifty thousand dollars, fifty dollars; banks with a capital of more than one hundred and fifty thousand dollars and not exceeding two hundred and fifty thousand dollars, seventy-five dollars; banks with a capital of more than two hundred and fifty thousand dollars and not exceeding five hundred thousand dollars, one hundred and fifty dollars; banks with a capital of more than five hundred thousand dollars and not exceeding one million dollars, two hundred and fifty dollars; banks with a capital of more than one million dollars and not exceeding two million dollars, four hundred dollars; banks with a capital of more than two million dollars and not exceeding four million dollars, six hundred and fifty dollars; banks with a capital exceeding four million dollars, nine hundred dollars. Surplus fund shall be reckoned in estimating these fees the same as capital stock, the aggregate sum collected from the banks, private bankers, savings and safe deposit institutions, trust companies and other corporations being reckoned upon a basis sufficient to cover the entire expenses of the department of banking, including salaries of officers and employes, traveling expenses of the bank commissioner, his deputy and examiners, and the preparation of the reports and all other expenses made necessary by this act. Any special expenses incurred and services performed on account of any such corporation or banker, or on account of any foreign corporation or its agency to which this chapter is applicable, outside of the expense of an annual or special examination shall be charged to and paid by the corporation or banker for whom they were incurred or performed. The sums collected from banks, private bankers, savings and safe deposit institutions, trust companies and other corporations or agencies for the purposes of this act shall be paid directly into the state treasury by the bank commissioner and credited to the state banking department fund, which is hereby continued. All payments for salary to the bank commissioner, deputy commissioners, examiners, employes and agents, and for other expenses under this act, shall be made upon the certificate of the bank commissioner, by warrant of the state auditor upon the state treasurer. The result of each examination of a bank shall be certified by the examiner upon the records of the corporation or private bank examined and the result of all examinations during the biennial period shall be embodied in a report to be made by the bank commissioner to the legislature.

Sec. 19. Reports from corporations and bankers.-It shall be the duty of the commissioner to require all corporations to which this chapter is applicable and all private bankers to make to him the regular periodical reports of their condition prescribed by this chapter and he shall prescribe the form and contents of all such reports. In addition to such regular reports he may require

any such corporation or banker to make special reports to him at such times and in such form as he may prescribe, and may direct that such special reports be verified and prescribe the form of the verification. He shall at least three times in each year, designate some day therein in respect to which every such bank, trust company and every private banker shall report to him, and he shall serve a notice designating such day. Such notice may be served by delivering the same to such private banker or, in the case of a corporation, by delivering the same at its place of business to some officer therein, or it may be served in any case by depositing it in the postoffice in a postpaid wrapper directed to such corporation or banker at its or his principal place of business; and the bank commissioner shall give no notice to any person whomsoever of the day on which he will call for such a statement. For a violation of this prohibition, or of any other duty herein imposed upon him, he shall be deemed to have committed a misdemeanor in office, and upon conviction of the same, upon indictment or information of any parties in the name of the state, before a competent tribunal, he shall be punished by removal from office, and by a fine of not less than five hundred dollars for each violation of this law.

Sec. 20. Unclaimed deposits, dividends and interest-deposit by commissioner in trust-preference. The commissioner may take and hold as trustee for the owners thereof any sums which remain due to and unclaimed by any creditor, depositor, stockholder or shareholder of any corporation or private banker, to which this chapter is applicable, after the completion of the voluntary or involuntary liquidation of the business and affairs of such corporation or banker. Whenever such sums are received by the commissioner and he is not in possession of the business and affairs of such corporation or banker, he shall give his receipt for such moneys and shall forthwith deposit them in one or more solvent state banks, trust companies or savings banks, to the credit of the bank commissioner in trust for the persons entitled thereto. At the completion of a liquidation by the commissioner or any receiver, he shall in like manner deposit such moneys at the expiration of six months after the order for final distribution. All such deposits by the commissioner shall be entitled to priority of payment in case of the insolvency or voluntary or involuntary liquidation of the depositary on an equality with any other priority given by this chapter.

Sec. 21. Commissioner must publish list of unclaimed deposits, dividends and interest every five years. On the second Wednesday in January, nineteen hundred and sixteen, and on the second Wednesday in January in each fifth year thereafter the commissioner shall cause to be published in a paper in the City of Jefferson in which notices by state officers are required by law to be published, and in at least one daily newspaper published in each city of the first class within the state, a list containing the names of the banks, trust companies and private bank

ers and savings banks which, according to their last reports to him, held unclaimed deposits, dividends or interest, and the names of the liquidated corporations and private bankers for the benefit of whose unlocated depositors, creditors, stockholders or shareholders, the commissioner holds deposits, dividends or interest as trustee, together with the full names of the persons entitled to receive such unclaimed deposits, dividends or interest from the commissioner.

Sec. 22. Index of persons entitled to unclaimed sums— payment to persons entitled.-The commissioner shall keep in his office an index of the names of all persons for whom he holds in trust any unclaimed deposits, dividends or interest and of the names of all persons reported to him by any corporation or private banker as entitled to any such unclaimed deposits, dividends or interest held by such corporation or banker. Whenever any person shall show by evidence satisfactory to the commissioner that he is lawfully entitled to receive any such money the commissioner shall indicate to him the corporation or banker by which it is held, or, if the commissioner holds such money in trust, he may pay it over to such person. In cases of doubt or conflicting claims, he may require of the claimant an order of the circuit court authorizing and directing the payment thereof, but for any payment made by him in good faith, by check or order payable to the creditor, depositor, stockholder or shareholder appearing from the records in his office to be entitled thereto, he shall be held harmless and shall not be liable to any subsequent claimant.

Sec. 23. Approval of commissioner-filing. In any case in which this chapter makes the approval of the commissioner a condition precedent to the doing of any act, unless otherwise provided by law, it shall lie within his sound discretion to grant or refuse his approval. Such approval, if granted, shall be in writing and a copy thereof shall be filed in the office of the commissioner.

Sec. 24. Extensions of time by commissioner. For satisfactory cause to him shown, the commissioner may grant extensions of time to corporations or private bankers to which this chapter is applicable, as follows:

1. He may extend for not more than one year the time within which any such corporation may commence business. Such extension shall only be made by an order under his hand and official seal which shall be executed in triplicate and one copy thereof shall be filed in the commissioner's office, one in the office of the recorder of the county or city in which the articles of agreement of such corporation have been filed, and the third shall be transmitted to such corporation.

2. He may extend for not exceeding ten days in the case of a bank, trust company or private banker, and for not exceeding twenty days in the case of any other corporation to which this chapter is applicable, the time within which any such corporation

or banker is required to make and file any report to the commissioner.

3. In all other cases where, by any provision of this chapter, he is given power to grant extensions of time, it shall be within his sound discretion to grant such extension, which shall be in writing, and a copy thereof shall be filed in the office of the commissioner.

Sec. 25. Branch offices-approval or refusal-certificate.— Upon receipt by the commissioner of a written application for leave to open a branch office from a corporation authorized by this chapter to open branch offices, he shall make such investigation as he may deem necessary to ascertain whether the public convenience and advantage will be promoted by the opening of such branch office and whether such corporation has the amount of actually paid in capital required by this chapter. If satisfied that the granting of such application is expedient and desirable, he shall make a certificate in triplicate under his hand and official seal authorizing the opening and occupation of such branch office and specifying the date on or after which and the condition under which it may be opened and the place where it shall be located, and shall file one triplicate in his own office, one in the office of the recorder of the county or city wherein the principal place of business of such corporation is located, and shall transmit the other to such applicant. If the commissioner shall be satisfied that the opening of such branch office is undesirable or inexpedient or that such corporation has not the requisite amount of capital actually paid in, he shall refuse such application and notify such corporation of his determination: Provided, that this section shall not be construed to empower the commissioner to grant a certificate for any bank or trust company organized under the laws of this state to maintain in this state any branch bank or branch trust company.

Sec. 26. Proceedings in name of commissioner for violations of the provisions of this chapter. If any corporation or private banker, subject to the provisions of this chapter, shall refuse or fail, after due notice to pay any assessment lawfully imposed upon it or him by the commissioner; or if any such corporation or banker, or any officer, director, trustee, agent or employe of any such corporation or banker shall refuse or fail, after due notice, to pay any penalty or forfeiture incurred under any provision of this chapter by such corporation, banker, officer, director, trustee, agent or employe, or if any other corporation or person shall violate any of the provisions contained in this chapter, the commissioner may in his discretion report the facts to the attorneygeneral, who shall thereupon, in the name of the state at the relation and to the use of the bank commissioner, institute such action or proceeding as the facts may warrant against such person, corporation, banker, officer, director, trustee, agent or employe. Sec. 27. Orders of commissioner. (1) Whenever the bank commissioner shall have reason to believe that the capital stock of

any corporation or private banker subject to the provisions of this chapter is reduced by impairment or otherwise, below the amount required by law, or by its certificates or articles of association, he shall issue an order that such corporation or private banker make good the deficiency forthwith or within a time specified in such order.

(2) Whenever it shall appear to the commissioner, from any examination made by him or his examiners, that any corporation or private banker subject to the provisions of this chapter, or any foreign corporation licensed by the commissioner to do business under this chapter, has violated its charter or any law, or is conducting its business in an unsafe or unauthorized manner, the commissioner shall, by an order direct the discontinuance of such illegal and unsafe or unauthorized practices, and strict conformity with the requirements of the law, and that it proceed with safety and security in its transactions, and he may order the delinquent to appear before him, at a time and place fixed in said order, to present any explanation in defense of the practices directed in said. order to be discontinued.

(3) Whenever it shall appear to the commissioner that either the total reserves or reserves on hand of any such corporation or private banker required by this chapter to maintain such reserves are below the amount required by law to be maintained or that such corporation or banker is not keeping its or his reserves on hand as required by this chapter, he may issue an order directing that such corporation or banker make good such reserves forthwith or within a time specified in such order, or that it keep its reserves on hand as required by this chapter.

(4) Whenever it shall appear to the commissioner that any corporation or private banker subject to the provisions of this chapter, does not keep its or his books and accounts in such manner as to enable him readily to ascertain its or his true condition, he may issue an order requiring such corporation or banker, or the officers thereof or any of them, to open and keep such books of account as he may, in his discretion, determine and prescribe for the purpose of keeping accurate and convenient records of the transactions and accounts of such corporation or banker; and if wrong entries or unlawful uses of the funds of the corporation or private banker have been made, the commissioner shall order that such entries shall be corrected, and such sums unlawfully paid out shall be restored by the person or persons responsible for the wrongful or illegal payment thereof.

If any corporation or person, shall fail or refuse to comply with any such duly issued order provided for in this section, it or he shall forfeit to the state the sum of one hundred dollars for every day it or he so fails or refuses, after it or he receives notice of such order: Provided, that in addition to the said penalty the commissioner may in his discretion report the delinquency to the attorneygeneral, with request that he proceed as provided in the next sec