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. Former provision transferred to section 603, ante. § 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 bills of the banks of this state at their agencies, is guilty-of a misdemeanor. Former provision transferred to section 603, ante. Present section added by chap. 692 of 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. Former provision transferred to section 603, ante. Present section added by chap. 692 of 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. The former provision was repealed by chap. 377 of 1884. The present seotion was added by chap. 692 of 1892. § 608, was repealed by chap. 377 of 1884.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 transacted, 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. The former provision was transferred to section 614, post, and the present section added, by chap. 692 of 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 agree. ment 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. The former provision was transferred to section 614, post, and the present section added, by chap. 692 of 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 conditions, 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; or, 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. The former provision was transferred to section 614, post, by chap. 692 of 1892. Subdivisions 1 and 2 of present section embody former section 602; subd. 3 embodies former section 603; subd. 5 embodies former section 612; and subds. 4 and 6 are new. The section, as it now stands, was added by chap. 692 of 1892. Am'd by chap. 692 of 1893. This amendment inserted, in subd. 4, the words "make any proper entry in the stock book of such corporation as required by law, or to exhibit or," and will go into effect, October, 1, 1893. § 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 law; or 2. Charges, accepts or agrees to accept for such receipt, transportation and delivery, a sum different from the amount fixed by such regulations; or 3. Allows or pays, or agrees to allow or pay, or suffers to be allowed 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. The former provision was transferred to section 611, ante, and the present section added, by chap. 692 of 1892. § 613. Misconduct at corporate elections.-Any person who: 1. Votes or issues a proxy to vote at any meeting of the stockholders or bondholders, or both, of a stock corporation, upon any stock or bond, if the person in whose behalf such vote is given shall not then have the title to the stock represented by such certificate or to such bond, and shall not have it in his possession and control, notwithstanding such stock or bond shall then stand on the books of such corporation in the name of the person in whose behalf such vote is given; or, 2. Being entitled to vote at such meeting, sells his vote or issues a proxy to vote to any person for any sum of money or thing of value; 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 corrupt conduct as such inspector; Is guilty of a misdemeanor. The former provision was transferred to section 614, ante, and the present section added, by chap. 692 of 1892. § 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, 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 vio lation 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 record or minutes. The former provision was retained, and sections 609, 610, 611 and 613, ante, were transferred to, and embodied in, the present section, by chap. 692 of 1892. CHAPTER XII Frauds in the Sale of Passage Tickets. SECTION 615. Sale of passage tickets on vessels and railroads forbidden except by agents specially authorized. 616. Sales by authorized agents, restricted. 617. Unauthorized persons forbidden to sell certificates, receipts, etc., for the purpose of procuring tickets. 618. Fraud in sale of passage tickets. 619. Conspiring to sell passage tickets in violation of law. |