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clerks and examiners as he may need to discharge in a proper manner the duties imposed upon him by law. They shall perform such duties as he shall assign to them. He shall fix their compensation, which shall be paid monthly on his certificate and upon the wararnt of the comptroller in the first instance out of the treasury. He may appoint a first, a second, and a third deputy, each of whom shall within fifteen days from the time of notice of his appointment take and subscribe the constitutional oath of office, and file the same in the office of the secretary of state. In case of a vacancy in the office of superintendent, or in his absence or inability to act, for thirty successive days, none of his deputies shall thereafter act as superintendent, until the first deputy, or if there be a vacancy in the office of first deputy, or he be absent or unable to act, the second deputy or, if there be a vacancy in the office of second deputy, or he be absent or unable to act, the third deputy, shall have executed to the people of the state a bond in the penalty of fifty thousand dollars, with two sureties to be approved by the comptroller and treasurer of the state, conditioned for the faithful discharge of the duties of the office of superintendent while such deputy acts as such superintendent. (Former section 5; R. S., 1515, 1574; L. 1882, ch. 409, § 2; L. 1902, ch. 54.) See Penal Law, § 300.

1. The act of granting or refusing a certificate by the superintendent is judicial and can only be reviewed by certiorari. Mandamus does not lie except he refuses to act upon an application therefor. People ex rel. Best v. Preston, 62 Hun, 185; aff'd without opinion in 131 N. Y. 644.

2. When an application for the superintendent's certificate is made by an employee and duly passed upon, the decision is res adjudicata and binding, until reversed, on any subsequent superintendent, in analogy to a judgment of a competent court. Ib.

3. A special bank examiner's right to demand compensation for his services is complete when he has finished the work assigned him, and the time then begins to run under the statute of limitations and cannot be extended by his neglecting to demand a certificate. Ib.

6. Rooms and furniture. The trustees or other officers having by law the custody of the public buildings at the state capital, shall assign to the superintendent suitable rooms therein for conducting the business of the banking department.

The superintendent shall, from time to time, furnish the necessary furniture, stationery, fuel, lights and other proper conveniences for the transaction of such business, the expenses of which shall be

paid on the certificate of the superintendent and the warrant of the comptroller in the first instance out of the treasury.

(Former section 6; R. S., 1515; L. 1882, ch. 409, § 5.)

§ 7. Expenses, how defrayed. All the expenses incurred in and about the conduct of the business of the department, including the salary of the superintendent and clerks, shall be charged to and paid by the corporations and individuals required to report to the superintendent under the provisions of this chapter in such proportions as the superintendent shall deem just and reasonable.

The expenses incurred and services performed on account of any such corporation or individual or on account of any foreign corporation or its agency shall be charged to and paid by the corporation, individual or agency for whom they were incurred or performed. If any corporation, individual or agency shall not, after due notice, pay any such charges, the superintendent may apply the proceeds of the sale of or the dividends on any stock or the interest on any bonds and mortgages in his hands deposited by such corporation or individual to the payment of such charges, with interest at the rate of six per centum.

The moneys so applied, and all moneys received by him in payment of such charges, shall be deposited and paid by him into the treasury of the state, to reimburse all sums advanced from the treasury for such expenses, except moneys received from any corporation or individual banker for expenses incurred or services performed on account of any such corporation or individual, which moneys shall be applied by the superintendent in payment of such expenses and a verified account thereof included in his annual report.

If any such corporation or individual or any foreign corporation or its agency shall fail to pay such charges as herein required, and there are no stocks, bonds or mortgages in the department, the dividends or interest on which can be applied in payment thereof, the superintendent shall report to the attorney-general the failure of any such corporation or individual or any such foreign corporation or its agency to pay such charges, and the attorney-general shall thereupon bring an action in the name of the people for the recovery of such charges.

(Former section 7; R. S., 1515, 1531, 1560; L. 1882, ch. 409, §§ 6, 74, 226; L. 1889, ch. 414, § 5; L. 1901, ch. 472; L. 1890, ch. 506, § 5.)

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§ 8. Powers of superintendent. Every corporation and individual banker specified in section two of this chapter shall be subject to the inspection and supervision of the superintendent of banks. He shall, either personally or by some competent person or persons to be appointed by him, to be known as examiners, visit and examine every bank, trust company and individual banker at least twice in each year, and every savings bank at least once in two years, and every other corporation specified in section two of this chapter at least once in each year.

On every such examination inquiry shall be made as to the condition and resources of the corporation, the mode of conducting and managing its affairs, the action of its directors, 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 superintendent may prescribe. He shall have power in like manner to examine every corporation and individual banker specified in section two, whenever, in his judgment, its condition and management is such as to render an examination of its affairs necessary and expedient.

He shall also have power to examine or cause to be examined every agency located in this state of any foreign bank or banking corporation for the purpose of ascertaining whether it has violated any law of the state, and for such other purposes and as to such other matters as the superintendent may prescribe.

The superintendent and every such examiner shall have power to administer an oath to any person whose testimony may be required on the examination of any corporation or individual banker specified in section two of this chapter, or on the examination of any such agency of any foreign bank or banking corporation, and to compel appearance and attendance of any such person for the purpose any such examination.

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If the examination shall be made by the superintendent, or by one or more of the regular clerks in the department, no charge shall be made except for necessary traveling and other actual expenses.

The result of such examination of a savings bank shall be certi

fied by the examiners, or one of them, upon the records of the corporation examined.

(Former section 8; R. S., 1515, 1516, 1517, 1559, 1572, 1591, 1606; L. 1875, ch. 564, §§ 3, 4; ch. 613, §§ 12, 13; L. 1878, ch. 96; L. 1882, ch. 409, §§ 3, 7, 11-14, 221, 222, 277; L. 1884, ch. 47; L. 1901, ch. 253.)

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9. Examination of securities deposited. The president or cashier of every such corporation, and every individual banker, shall once or more during each fiscal year, and at such time or times during ordinary business hours as he may select, examine and compare all securities deposited by such corporation or banker in the office of the superintendent with the books of the department, and, if found correct, execute to the superintendent a receipt stating the different kinds of such securities and the amounts thereof, and that they are in the custody and possession of the superintendent at the date of the receipt. Any individual banker unable to make such examination in person may, by written appointment, authorize an agent to make the same in his behalf, whose receipt shall have the same force and effect as if executed by the banker in person.

If any such corporation or individual banker shall refuse or neglect to make such examination during any fiscal year, the comptroller, secretary of state and superintendent shall appoint some suitable and discreet person as agent for such corporation or individual banker, who shall make such examination, and if the securities so held by the superintendent shall be found to agree with the books of the department, such agent shall execute the receipt before mentioned, and it shall be of like force and effect as if executed by the president or cashier of any such corporation, or by any such individual banker, or by an agent appointed by him. Such corporation or individual banker shall pay on demand to the person so appointed and making such examination and executing such receipt, such compensation for his services and expenses in making such examination as the superintendent shall certify to be just and reasonable.

(Former section 9; R. S., 1516, 1517; L. 1882, ch. 409, §§ 8, 9, 12.)

§ 10. Unclaimed balances. The superintendent shall pay into the treasury of the state all balances of money remaining in his hands unclaimed for six years from the date of the deposit with him, to be applied to the current expenses of the banking department, except

the moneys required by this chapter to be kept on deposit with him and the moneys deposited with him by receivers of insolvent savings

banks.

(Former section 10; R. S., 1516; L. 1882, ch. 409, § 10.)

See section 164 as to unclaimed moneys.

§ 11. Examiners. Every examiner appointed by the superintendent shall, before entering upon the duties of his appointment, take and file in the office of the clerk of the county where he resides, the constitutional oath of office. And when commissioned by the superintendent he shall forthwith examine fully into the books, papers and affairs of the corporation or individual banker specified in his commission, and report on oath to the superintendent the result of such examination. No such examiner shall be appointed receiver of any corporation or individual banker whose books, papers and affairs he shall have examined pursuant to such appointment. (Former section 11; R. S., 1517; L. 1882, ch. 409, §§ 12, 13.)

See section 5, ante.

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§ 12. Examination and certificate as to payment of capital. any such corporation or individual banker shall have filed with the superintendent the requisite certificate prior to commencing business under the laws of this state, and shall have made the deposit, if any, required by law, the superintendent shall, before such corporation or individual banker shall be authorized to commence business, examine or cause an examination to be made in order to ascertain whether the requisite capital of such corporation or banker has been paid in, in cash. The superintendent shall not authorize such corporation or individual banker to commence business unless it appears to his satisfaction from such examination or other evidence satisfactory to him that the requisite capital has been in good faith subscribed and paid in cash.

(Former section 12; R. S., 1518; L. 1882, ch. 409, § 18.)

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§ 13. Affidavit to be made before commencing business. No such corporation shall commence its corporate business until its president and cashier or treasurer or secretary, or its two principal officers, by whatever name known, shall have made and subscribed an affidavit stating that the whole of its capital stock, or such portion thereof as

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