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cause to be paid directly, into the state treasury, for the credit of the state banking department fund, all fees for original incorporation or for increasing the capital of any corporation to which this chapter is applicable, and all moneys received by him from corporations, or private bankers, in payment of his charges or assessment against them or of any penalties or forfeitures incurred by them; all moneys recovered in actions brought by the attorney-general under this article; except such penalties and forfeitures, as may, by the Constitution, be required to be paid into the county public school fund of the several counties, and all fees, perquisites and money received by the banking department or any salaried officer or employe thereof, from any source whatever, on account of services rendered by the department, or by any such officer or employe in an official capacity. The commissioner shall annually, on or before the close of the fiscal year pay into the state treasury, for the credit of the state banking department fund, such interest as shall have accrued upon the balances held by him as trustee for the owners of unclaimed deposits, dividends or interest. (Laws 1915, p. 108.)

Sec. 11684. Prohibition of banking business. No corporation, domestic or foreign, other than a corporation formed under or subject to the banking laws of this state or of the United States, except as permitted by such laws, shall by any implication or construction be deemed to possess the power of carrying on the business of discounting bills, notes or other evidence of debt, of receiving deposits, of buying and selling bills of exchange, or of issuing bills, notes or other evidences of debt for circulation as money, or of engaging in any other form of banking; nor shall any such corporation, except an express company having contracts with railroad companies for the operation of an express service upon the lines of such railroad companies, or a transatlantic steamship company, or a telegraph or telephone company, possess the power of receiving money for transmission or of transmitting the same, by draft, traveler's check, money order or otherwise. (Laws 1915, p. 108.)

Sec. 11685. Licenses to foreign corporations renewal.Upon receipt by the commissioner from any foreign corporation of an application in proper form for leave to do business in this state under the provisions of this chapter, he shall, by such investigation as he may deem necessary, satisfy himself whether the applicant may safely be permitted to do business in this state. If from such investigation he shall be satisfied that it is safe and expedient to grant such an application and it shall have been shown to his satisfaction that such applicant may be authorized to engage in business in this state pursuant to the provisions of

this chapter and has complied with all the requirements of this chapter, he shall issue a license under his hand and official seal authorizing such applicant to carry on such business at the place designated in the license and, if such license is for a limited time, specifying the date upon which it shall expire. Such license shall be executed in triplicate and the commissioner shall transmit one copy to the applicant, file another in his own office and file the third in the office of the recorder of the county or city in which is located the place designated in such license. Whenever any such license is issued for one year or less, the commissioner may, at the expiration thereof, renew such license for one year. (Laws 1915, p. 108.)

Sec. 11686. Commissioner as attorney to accept service of process. Whenever pursuant to any provision of this chapter, the commissioner shall have been duly appointed attorney to receive service of process for any foreign corporation, he shall forthwith forward by mail, postage prepaid, a copy of every process served upon him directed to the president or secretary of such corporation, at its last known postoffice address. For each copy of process the commissioner shall collect the sum of two dollars, which shall be paid by the plaintiff or moving party at the time of such service, to be recovered by him as part of his taxable disbursements if he succeeds in his suit or proceeding. The term process, when used in this section, include any writ, summons, petition or order whereby any suit, action or proceeding shall be commenced. (Laws 1915, p. 109.)

Sec. 11687. Revocation of authorization certificate or license in certain cases. If at any time the commissioner shall be satisfied that any private banker or foreign corporation to which has been issued an authorization certificate or license, is violating any of the provisions of this chapter, or is conducting its business in an unauthorized or unsafe manner, or is in an unsound or unsafe condition to transact its business, or cannot with safety and expediency continue business, the commissioner may, over his official signature and seal of office notify the holder of such authorization certificate or license that the same is revoked. Such notice shall be executed in triplicate and the commissioner shall forthwith transmit one copy to the holder of such authorization certificate or license, file another in his own office and file the third in the office of the recorder of the county or city in which such authorization certificate or license has been filed. The commissioner may, in his discretion, publish a copy of such notice, with such other facts as he may deem proper, for six successive days, in a paper published at the City of Jefferson. (Laws 1915, p. 109.)

Sec. 11688. Assessments, penalties and forfeitures entitled to priority. In case of the insolvency or voluntary or involuntary liquidation of any corporation or private banker to which this chapter is applicable, all unpaid charges lawfully assessed against it by the commissioner and all unpaid penalties and forfeitures incurred by it under any section of this chapter shall be entitled to priority of payment from the assets of such corporation, or banker on an equality with any other priority given by this chapter. (Laws 1915, p. 109.)

Sec. 11689. Institutions to be examined yearly-fees.It shall be the duty of the bank commissioner, at least once in each and every year, either personally or by a deputy, or one or more of the examiners appointed by him, to visit and examine every bank and trust company organized and doing business under the laws of this state, and also every private banker who is by law required to report to him; and he shall also in like manner visit and examine at least once in each year every other corporation which is by law required to report to him. The bank commissioner, or the deputy or examiners designated by him for that purpose, shall also have power in like manner to examine any such bank, savings and safe deposit institution, trust company, private banker or other such corporation whenever, in his judgment, it may be deemed necessary or expedient, and shall have power in like manner to examine every agency located in this state of any foreign banking corporation, for the purpose of ascertaining whether it has violated any law of this state, and for such other purposes and as to such other matters as the commissioner may prescribe. He and they shall have power to administer oaths to any persons whose testimony may be required in such examination or investigation of any such corporation, banker or agency, and to compel the appearance and attendance of any such person for the purpose of any such examination or investigation. On every such examination inquiry shall be made as to the condition and resources of such corporation or banker, the mode of conducting and managing its affairs, the actions of its directors or trustees if a corporation, the investment of its funds, the safety and prudence of its management, the security afforded to those by whom its engagements are held, and whether the requirements of its charter and of law have been complied with in the administration of its affairs; and as to such other matters as the commissioner may prescribe. The commissioner may also make such special investigations as he shall deem necessary to determine whether any individual or corporation has violated any of the provisions of this chapter. Such examination may be made and such inquiry instituted or continued in the discretion

of the commissioner after he has taken possession of the property and business of any such corporation or banker, until it shall resume business or its affairs shall be finally liquidated in accordance with the provisions of this article. The expense of every annual or special examination shall be paid by the bank, private banker, savings and safe deposit institution, trust company or such other corporation examined in such amount as the bank commissioner shall certify to be just and reasonable, and for the purpose of this section such institutions are hereby denominated banks: Provided, such expense shall be paid in proportion to the capital of such bank and shall not exceed the following amounts: Banks with a capital of twelve thousand five hundred dollars, or less, fifteen dollars; banks with a capital of more than twelve thousand five hundred dollars not exceeding twenty-five thousand dollars, twenty dollars; banks with a capital of more than twenty-five thousand dollars and not exceeding fifty thousand dollars, twenty-five 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 corpora

tion 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. 1915, p. 110.)

(Laws

Sec. 11690. 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. (Laws 1915, p. 111.)

Bookkeeper or assistant cashier of bank and bondsmen, whose act was not willful, held, not liable on his bond for peculations of cashier and other officers of bank, in view of this section and others cited. Citizens Trust Co. v. Ferguson,