§ 595. Misconduct of directors of banking corporations. -- A director of a corporation, organized under the laws of this state, having banking powers, who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended, either 1. To make a loan, or discount, by which the whole amount of the loans and discounts of the corporation shall be greater than the amount allowed by law, or, where there is no express statutory limitation of the amount, greater than three times its capital stock then paid in and actually possessed; or 2. To make a loan or discount to any director of such corporation, or upon paper upon which any such director is responsible to an amount exceeding the amount allowed by statute, or where there is no express statutory limitation of the amount, exceeding in the aggregate one-third of the capital stock of such corporation, then paid in and actually possessed, Is guilty of a misdemeanor. § 596. Loans made in violation of last section, not invalid.Nothing in the last section shall render any loan made by the directors of any such corporation, in violation thereof, invalid. $597. Sale or hypothecation of bank notes by officer, etc.An officer or agent of any corporation having banking powers, who sells, or causes or permits to be sold, any bank notes of such corporation, or pledges or hypothecates, or causes or permits to be pledged or hypothecated, with any other corporation, association or individual, any such notes, as a security for a loan or for any liability of such corporation, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five thousand dollars, or both. § 598. Id., putting excessive number of its notes in circulation.An officer or agent of any corporation having banking powers, who issues or puts in circulation, or causes or permits to be issued or put in circulation, the bank notes of such corporation to an amount, which, together with previous issues, leaves in circulation or outstanding a greater amount of notes than such corporation is allowed by law to issue and circulate, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five thousand dollars, or both. § 599. Officer of banking corporation making guaranty, etc.-An officer or agent of any banking corporation, who makes or delivers any guaranty or indorsement on behalf of such corporation, whereby it may become liable upon any of its discounted notes, bills or obligations, in a sum beyond the amount of loans and discounts which such corporation may legally make, is guilty of a misdemeanor. § 600. Bank officer overdrawing his account. - An officer, agent, teller or clerk of any bank, banking association or savings bank, who knowingly overdraws his account with such bank, and thereby wrongfully obtains the money, notes or funds of such bank, is guilty of a misdemeanor. State v. Timson, 4 Zabr. 478; People v. Clernents, 42 Hun, 286; 5 N. Y. Stai Rep'r, 277; 107 Ν. V. 205; 3 N. Y. State Rep'r, 700; People v. Upton, 38 Hun, 1078 N. Y. Cr. 455. § 601. Receiving deposits in insolvent bank.-An officer, agent, teller or clerk of any bank, banking association or savings bank, and every individual banker or agent, and every private banker or agent, and any teller or clerk of an individual banker, or of a private banker who receives any deposit knowing that such bank or association or banker is insolvent, is guilty of a misdemeanor, if the amount or value of such deposit be less than twentyfi,ve dollars; if the amount or value of such deposit be twenty-five dollars or over, such person shall be guilty of a felony, punishable by imprisonment for not less than one nor more than five years, or by a fine of not less than five hundred nor more than three thousand dollars, or by both. Amended by chap. 148 of 1902. In effect Sept. 1, 1902. Atkinson v. Rochester P. Co., 114 N. Y. 175; 23 N. Y. State Rep'r, 155; People v. Moore, 37 Hun, 84; 3 N. Y. Cr. 458. § 602. Unlawful investments by officers of savings banks.Any officer or trustee of a savings bank authorizing or making any investment of the funds of the bank in securities, not authorized by law, is guilty of a misdemeanor. [AS AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892.] § 603. Misconduct by directors of monied corporations.- Every director of a monied corporation who: 1. In case of the fraudulent insolvency of such corporation, shall have participated in such fraud; or 2. Willfully does any act as such director which is expressly forbidden by law, or willfully omits to perform any duty imposed upon him as such director by law; Is guilty of a misdemeanor, if no other punishment is prescribed therefor by law. The insolvency of a monied corporation is deemed fraudulent unless its affairs appear upon investigation to have been administered fairly, legally and with the same care and diligence that agents receiving a compensation for their services are bound, by law, to observe. [As AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892. Penal Code, §§ 604-606, consolidated.] § 604. Misconduct by banks and bankers. - Any monied corporation or individual banker authorized to carry on the business of banking under the laws of this state who; 1. Receives, pays out, gives or offers in payment as money to circulate, or who attempts to circulate as money, any bill, note or other evidence of debt issued or purporting to have been issued by any corporation or individual, situated or residing without this state, and which bill, note or other evidence of debt shall, upon any part thereof, purport to be payable or redeemable at any place or by any corporation or individual within this state; or, 2. Issues, utters or circulates, as money, or in any way, directly or indirectly, aids or assists in the issuing, uttering or circulating as money within this state, of any bank bill, note or other evidence of debt in the similitude of a bank note issued or purporting to have been issued by any corporation or individual situated or residing without this state; or procures or receives, in any manner whatever, any such bank bill, note or other evidence of debt with intent to issue, utter or circulate, or with intent to aid in issuing, uttering or circulating the same as money within this state; or, 3. Directly or indirectly lends or pays out for paper discounted or purchased any bank bill, note or other evidence of debt, which is not received at par by such corporation or banker for debts due such corporation or banker; or, 4. Issues or puts in circulation any bank bill or note of any such corporation or banker, unless the same shall be made payable on demand and without interest, except bills of exchange on foreign countries or places beyond the limits or jurisdiction of the United States; Is guilty of a misdemeanor. Nothing in this section contained shall be construed to prohibit any such corporation or banker from receiving and paying out such foreign bank bills as they shall receive at par in the ordinary course of their business, or to prohibit such corporation or banker from receiving foreign notes from their dealers and customers in the regular and usual course of their business, at a rate of discount not exceeding that which is or shall be at the time fixed by law, for the redemption of the bills of the banks of this state at their agencies, or from obtaining from the corporations, associations or individuals by which such foreign notes are made, the payment or redemption thereof. [As AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892.] § 605. Unlawful discount of bills of foreign banks.-Any person, association or corporation within the state who, directly or indirectly, on any pretense whatever, procures or receives or offers to receive from any corporation or person any bank bill or note or other evidence of debt in the similitude of a bank note issued or purporting to have been issued by any corporation or individual, situated or residing without this state, at a greater rate of discount than is or shall be at the time fixed by law for the redemption of the bill. of the banks of this state at their agencies, is guilty of a misdemeanor. [As AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892.] § 606. Misconduct by officers of banking department. The superintendent of banks, or any officer in the banking department who countersigns bills or notes for any person or corporation exceeding the value of the interest-bearing stocks of the state of New York or of the United States, or other securities deposited with such superintendent by such person or corporation on account thereof, is guilty of a felony, punishable by a fine of not less than five thousand dollars or by imprisonment for not less than five years, or by both. [AS AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892.] § 607. Using dies and plates of extinct state bank. - Any person who uses the dies and plates of a state bank in the manufacture of notes and bills, after such bank has become a national bank in pursuance of law, is guilty of a misdemeanor. [As AMD. BY Ch. 692. LAWS 1892. Took effect May 18, 1892.] § 608. Last section limited. -Repealed ch. 377 of 1884. § 609. Private banker using sign. Any person engaged in banking in this state, not subject to the supervision of the superintendent of banks, and not required by law to report to such superintendent, who was not engaged in such banking before May 23, 1885, who 1. Uses an office sign at the place where such business is trans. acted, having thereon any artificial or corporate name, or other words indicating that such place or office is the place or office of a bank; or, 2 Uses or circulates any letter-heads, bill-heads, blank notes, blank receipts, certificates, circulars or any written or printed paper whatever, having thereon any artificial or corporate name, or other word or words indicating that such business is the business of a bank; Is guilty of a misdemeanor. (As AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892.] § 610. Misconduct of officers and directors of stock corporations. An officer or director of a stock corporation who: 1. Issues, participates in issuing, or concurs in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law; or, 2. Sells, or agrees to sell, or is directly or indirectly interested in the sale of any share of stock of such corporation, or in any agreement to sell the same, unless at the time of such sale or agreement he is an actual owner of such share; Is guilty of a misdemeanor, punishable by imprisonment for not less than six months, or by a fine not exceeding five thousand dollars, or by both. [AS AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892.] §611. Misconduct of officers and employes of corporations. A director, officer, agent or employe of any corporation or joint-stock association who: 1. Knowingly receives or possesses himself of any of its property otherwise than in payment for a just demand, and with intent to defraud, omits to make or to cause or direct to be made a full and true entry thereof in its books and accounts; or, 2. Concurs in omitting to make any material entry thereof; or, 3. Knowingly concurs in making or publishing any written report, exhibit or statement of its affairs or pecuniary condition, containing any material statement which is false; or, 4. Having the custody or control of its books, willfully refuses or neglects to make any proper entry in the stock book of such corporation as required by law, or to exhibit or allow the same to be inspected and extracts to be taken therefrom by any person entitled by law to inspect the same or take extracts therefrom. [AMD. BY CH. 692 OF 1893.] 5. If a notice of an application for an injunction affecting the property or business of such joint-stock association or corporation is served upon him, omits to disclose the fact of such service and the time and place of such application to the other directors, officers and managers thereof; or, 6. Refuses or neglects to make any report or statement lawfully required by a public officer; Is guilty of a misdemeanor. [As AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892. See Penal Code, §§ 602-3.] § 612. Misconduct of officers and agents of pipe-line corporations. Any officer, agent or manager of a pipe-line corporation, who: 1. Neglects or refuses to transport any product delivered for transportation, or to accept and allow a delivery thereof in the order of application, according to the general rules of the corporation, as provided by by law; or, 2. Charges, accepts or agrees to accept for such receipt, transpor tation and delivery, a sum different from the amouns fixed by such regulations; or, 3. Allows or pays, or agrees to allow or pay, or suffers to be al lowed or paid or repaid, any draw-back, rebate or allowance, so that any person shall, by any device, have or procure any transportation of products over such pipe line at a less rate or charge than is fixed in such regulations; Is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both. [AS AMD. BY (CH. 692, LAWS 1892. Took effect May 18, 1892.] § 613. Misconduct at corporate elections. -Any person who: 2. Being entitled to vote at any meeting of the stockholders or bondholders or both of a stock corporation, sells his vote or who issues a proxy to vote to any person for any sum of money or thing of value; except as expressly authorized by law; or, 3. Acts as an inspector of election at any such meeting, and violates an oath taken by him, in pursuance of law as such inspector, or violates the provisions of an oath required by law to be taken by him as such inspector, or is guilty of any dishonest or currupt conduct as such inspector; Is guilty of a misdemeanor. §614. Presumption of knowledge of corporate condition and business and of assent thereto by directors; definitions. - It is no defense to a prosecution for a violation of the provisions of this chapter, that the corporation is a foreign corporation, if it carries on business or keeps an office therefor in this state. The term "director" as used in this chapter includes any of the persons having, having, by law, the direction or management of the affairs of a corporation, by whatever name described. A director of a corporation or joint-stock association is deemed to have such a knowledge of the affairs of the corporation or association as to enable him to determine whether any act, proceeding or omission of its directors is a violation of this chapter. If present at a meeting of the directors at which any act, proceeding or omission of such directors in violation of this chapter occurs, he must be deemed to have concurred therein, unless he at the time causes or in writing requires his dissent therefrom to be entered on the minutes of the directors. If absent from such meeting, he must be deemed to have concurred in any such violation, if the facts constituting such violation appear on the record or minutes of the proceedings of the board of directors, and he remains a director of the corporation for six months thereafter without causing or in writing requiring his dissent from such violation to be entered on such rec ord of minutes. |