in the case of insolvent corporations, or such other proceedings as the nature of the case may require. R. S., 1518, L. 1882, ch. 409, § 16. § 19. Examination by order of court. The creditors and shareholders of any such corporation whose debts or shares shall amount to one thousand dollars may make application to the supreme court by a verified petition setting forth facts showing that an examination of the affairs of the corporation should be made, and the court may thereupon, in its discretion, order such an examination to be made by a referee for the purpose of ascertaining the safety of the investments and the prudence of the management of the corporation. The result of every such examination, together with the opinion of the referee thereon, shall be published in such manner as the court shall direct. The court shall make such order in respect to the expenses of the examination and publication as it may deem proper. R. S., 1518, L. 1882, ch, 409, § 19. § 20. Reports.- Every corporation and individual banker sub. ject to the provisions of this chapter shall make a written report to the superintendent of banks, in such form and containing such matters as he shall prescribe. In the case of a bank or individual banker, the superintendent shall, at least once in every three months, designate some day therein in respect to which the report shall be made. If a savings bank, trust company or safe deposit company, such report shall be made semi-annually on or before the twentieth day of January and July in each year, and shall contain a statement of its condition on the mornings of the first days of January and July preceding. If a savings bank, such report shall state the amount loaned upon bond and mortgage, together with a list of such bonds and mortgages and the location of the mortgaged premises, as have not been previously reported, and also a list of such previously reported as have since been paid wholly or in part, or have been foreclosed, and the amount of such payments respectively; the cost, par value and estimated market value of all stock investments, designating each particular kind of stock; the amount loaned upon the pledge of securities with a statement of the securities held as collateral for such loans; the amount invested in real estate, giving the cost of the same, the amount of cash on hand, and on deposit in banks or trust companies, and the amount deposited in each; and such other information as the superintendent may require. Such report shall also state all the liabilities of such savings corporation on the morning of the said first day of January and July; the amount due to depositors, which shall include any dividend to be credited to them for the six months ending on that day, and any other debts or claims against such corporation which are or may be a charge upon its assets. Such report shall also state the amount deposited during the year previous, and the amount withdrawn dur. ing the same period; the whole amount of interest or profits received or earned and the amount of dividends credited to depositors, together with the amount of each semi-annual credit of interest, and the amount of interest that may have been credited at other than semi-annual periods, the number of accounts opened or reopened, the number closed during the year, and the number of open accounts at the end of the year, and such other information as may be required by the superintendent. If a trust company or safe deposit company, such report shall contain such particulars as the superintendent may prescribe. If a co-operative loan association, or a building and mutual loan corporation, or a mortgage, loan or investment corporation, such report shall be made annually on or before February first in each year, and shall contain a statement of its condition on the first day of January preceding. The superintendent may, for good cause shown, extend the time for making any such report not exceeding thirty days. Every such report shall be verified by the oath of the president and cashier or treasurer of such corporation or by such individual banker, to the effect that the same is true and correct in all respects, to the best of his knowledge and belief and that the usual business of such corporation or banker has been transacted at the location required by this chapter, and not elsewhere. The superintendent shall serve a notice designating the day in each quarter when a report shall be made upon each bank and individual banker required to report to him by delivering the same to some officer or clerk thereof at their respective places of business or by depositing the same in the post office inclosed in a postpaid wrapper and properly directed to each of them, or some officer thereof, at their places of business respectively. Am'd by chap. 333 of 1898. R. S., 1519, L. 1882, ch. 409, § 20. 14 R. S., 1571, L. 1882, ch. 409, §§ 270, 271, 272, 273, 274. Id., 1590, L. 1875, ch. 564, § 2. Id., 1596, L. 1887, ch. 556, § 19. Id., 1602, L. 1887, ch. 546, §§ 32, 33. Id., 1606, L. 1875, ch. 613, § 10. § 21. Penalties for failure to report. - If any bank or individual banker shall fail to make such report within ten days from the day designated for the making thereof, or to include therein any matter required by the superintendent, or if any savings bank or trust company shall fail to make such report within the time required by this chapter, or to include therein any matter required by the superintendent; every such delinquent bank, banker, savings bank or trust company shall forfeit to the people of the state the sum of one hundred dollars for every day that such report shall be delayed or withheld, and for every day that it shall fail to report any such omitted matter. Every other corporation subject to the provisions of this chapter which shall fail to make such report within the time herein required, or to include therein any matter required by the superintendent to be stated, shall forfeit to the people the sum of ten dollars for every day for which such report shall be delayed or withheld, and for every day that any such omitted matter may remain unreported. The moneys forfeited by this section, when recovered, shall be paid into the state treasury to be used to defray the miscellaneous expenses of the departinent. If any corporation or individual banker shall fail to make two successive reports as herein required, every such corporation shall forfeit its charter, and every such individual banker shall forfeit his privileges as such banker; and every such corporation or individual banker may be proceeded against and the affairs of such corporation closed, and such individual banker be restrained from continuance in business, in the same manner as an insolvent corporation or individual banker may be proceeded against. In case of the failure of any corporation or individual banker to make any report required of him by law, the superintendent shall immediately cause the books, papers and affairs of such corporation or banker to be examined as directed by section eight of this chapter. R. S., 1520, L. 1882, ch. 409, §§ 21, 22, 23. Id., 1572, L. 1882, ch. 409, § 274. Id., 1592, L. 1875, ch. 564, § 6. Id., 1596, L. 1887, ch. 556, § 20. § 22. Publication of reports. - Within thirty days after any such report shall be made, the superintendent shall, with the excep i tion of the reports made by savings banks, publish a summary statement thereof in a paper at Albany in which notices by state officers are required by law to be published, and the separate report of each corporation and individual banker shall be published by such corporation or individual banker in at least one newspaper of the place where its principal place of business is located, if there be one; if not then in the newspaper published nearest where the bank is located. Such summary statement shall contain the items of capital, circulation, if any, and deposits, specie, and cash items, public securities and private securities and such other matters as may be necessary to inform the public as to the financial condition and solvency of any such corporation or banker, or which the superintendent may deem proper to include therein. In the publication of such statements, the superintendent shall arrange the individual bankers in a separate class, and specify the name and place of business of each, and the names and residences of the general partners. R. S., 1519, L. 1882, ch. 409, § 20. Id., 1559, L. 1882, ch. 409, § 220. § 23. Annual report of superintendent. - The superintendent shall report annually to the legislature, at the commencement of its first session: 1. A summary of the state and condition of every corporation and individual banker required to report to him and from which reports have been received the preceding year, at the several dates to which such reports refer, with an abstract of the whole amount of capital returned by them, the whole amount of their debts and liabilities, specifying particularly the amount of circulating notes outstanding, if any, and the total amount of means and resources, specifying the amount of specie held by them at the times of their several returns, and such other information in relation to such corporations and bankers as, in his judgment, may be useful Such corporations shall be divided into classes so as to correspond with the designations thereof in section two of this chapter. 2. A statement of all banks and individual bankers and other corporations and individuals authorized by him to do business during the previous year, with their names and locations and dates of incorporation, and particularly designating such as have commenced business during the year. 3. A statement of the banks and individual bankers whose business has been closed during the year, with the amount of their circu. lation redeemed and the rate per cent of such redemption, and the amount outstanding. 4. Any amendments to the banking law, which, in his judgment. may be desirable. 5. The names and compensation of the clerks employed by him; and the whole amount of the expenses of the department during the year, and the amount, if any, for which the treasury shall be în advance. Such report shall be made by or before the last day of the year, and the usual number of copies for the use of the legislature shal be printed and in readiness for distribution by the printer employed to print legislative documents, and one thousand copies shall be printed for the use of the department, the expense of which shall be charged among the general expenses of the department. Such report may be divided into parts, and the part or parts containing the reports of corporations other than banks may be made on or before the first day of March in each year. R. S., 1521, L. 1882, ch. 409, § 27. L. 1890, ch. 506, 8.8. § 24. Reports presumptive evidence. - Every official report made by the superintendent to the attorney-general, and every report duly verified of any examination made, shall be presumptive evidence of the facts therein stated in all motions in any action or proceeding for the appointment of a temporary receiver of any corporation to which such report relates. R. S., 1573, L. 1872, ch. 409, § 278. $25. Restrictions. No corporation or banker to which this chapter is applicable shall make any loan or discount to any person, company, corporation urm, or upon paper upon which any such person, company, corporation or firm may be liable to an amount exceeding the one-fifth part of its capital stock actually paid in and surplus; but this restriction shall not apply to loans or uiscounts secured by collateral security worth at least fifteen per centum more than the amount or amounts loaned thereon, nor to the discount of bills of exchange drawn in good faith against actually existing values, or of commercial or business paper actually owned by the person negotiating the same. provided, however, that such loans or discounts on such coliateras, or such discount of bills of exchange drawn in good faith against actually existing values, or such commercial or business paper actually owned by the person negotiating the same shall not exceed one-half the actual paid-in capital stock and surplus of such corporation or banker, including the loans first provided for in this section. 2. No such corporation nor any of its directors, officers, agents or servants shall, directly or indirectly, purchase or be interested in the purchase of any promissory note or other evidence of debt issued by it for a less sum than shall appear on the face thereof to be due. Every person violating the provisions of this sub-division shall forfeit to the people of the state three times the nominal amount of the note or other evidence of debt so purchased. 3. No president, director, cashier, clerk or agent of any such corporation, and no person in any way interested or concerned in the management of its affairs, shall as individuals discount, or directly or indirectly, make any loan upon any note or other evidence of debt, which he shall know to have been offered for discount to such corporation, and to have been refused. Every person violating the provisions of this sub-division, shall, for each offense, forfeit to the people of the state twice the amount of the loan which he shall have made. 4. No officer, director, clerk or agent of any bank or savings bank shall 17 |