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ACT 265.

The better to enable the collection of judgments in favor of the state. [Stats. 1858, 159.]

This act authorized the attorney-general to bid in property under execution in favor of and for the benefit of the state. It was superseded by Political Code, sec. 470, subd. 8.

ACT 266.

To provide the office of the attorney-general with law books required by him for the conduct of his business and requiring the state librarian to provide and furnish the same. [Stats. 1895, p. 65.]

ACT 271.

TITLE 37.

ATTORNEYS AT LAW.

Concerning attorneys and counselors at law. [Stats. 1851,

48.]

Amended 1859, 60; 1861, 40; 1869-70, 578. Superseded by Code of Civil Procedure, secs. 275 et seq.

TITLE 38.
AUBURN.

ACT 276.

Authorizing the trustees of Auburn to remove a cemetery and to donate the land occupied thereby to the public for a park. [Stats. 1895, p. 109.]

TITLE 39.

ACT 281.

BANKRUPTCY AND INSOLVENCY.

Insolvent debtors, relief of. [Stats. 1875-6, p. 581.]
Supplementing act of May 4, 1852. Repealed by Insolvent Act of

1880, 82.

Cal. Rep. Cit. 64, 492.

ACT 282.

For the relief of insolvent debtors. [Stats. 1880, p. 82.]

Amended 1891, 511; 1893, 45. Repealed 1895, 131.

Cal. Rep. Cit. 65, 363; 106, 579; 141, 76; 141, 77.

ACT 283.

For the relief of insolvent debtors, for the protection of creditors and for the punishment of fraudulent debtors. [Stats. 1895, p. 131.]

Amended 1897, 35. Superseded by the federal law.

Cal. Rep. Cit. 117, 28; 118, 435; 126, 638; 127, 104, 130, 572; 130, 573; 138, 739; 138, 740; 138, 742; 139, 259; 139, 260; 139, 356; 139, 357; 129, 358; 139, 359; 139, 360; 139, 361; 141, 99; 141, 100.

[blocks in formation]

For the formation of savings corporations. [Stats. 1862, p. 199.]

Amended 1883-4, 158, 531; 1865-6; 626; 1869-70, 130; 1871-2, 132. Supplemented 1867-8, 459.

"Repealed by section 288, Civ. Code; and even as to pre-existing corporations modified by the codes and the constitution. (McGowan v. McDonald, 111, Cal. 57.)-Code Commissioner's Note. See, also, Laidlaw v. Pacific Bank, 70 Pac. 277; Murphy v. Pacific Bank, 119 Cal. 334. Cal. Rep. Cit. 72, 200; 111, 62; 111, 62; 119, 338; 137, 394; 137, 395, 144, 222; 144, 226; 144, 227.

ACT 289.

Supplemental to the act for formation of savings corporations. [Stats. 1867-8, p. 459.]

Repealed by section 288, Civ. Code. See note to Act 632, post.

ACT 290.

To provide for the formation of corporations for the accumulation of funds and savings and the direct promotion of manufacturing and mechanic arts, agriculture and mining. [Stats. 1869-70, 523.]

Repealed by section 288, Civ. Code. See note to Act 632, post. ACT 291.

Concerning corporatiors engaged in banking. [Stats. 1875-6, p. 729.]

Repealed 1893, 112; 1895, 77.

This act provided for the publication of sworn statements by banks.

Cal. Rep. Cit. 72, 56; 97, 32.

ACT 292.

To compel savings banks to publish a sworn statement of unclaimed deposits. [Stats. 1893, p. 183.]

This act appears in full in Civil Code, Appendix, p. 674.

Codified by amendment of Civil Code, adopted 1905. See Civil Code Supp., § 583b, note. Repealed 1905, 582.

АСТ 293.

To compel all depositaries of money and commercial banks to publish a sworn statement of all unclaimed deposits. [Stats. 1897, p. 27.]

This act appears in full in Civil Code, Appendix, p. 675.

Codified by amendment of Civil Code, adopted 1905. See Civil Code Supp., § 583b, note. Repealed 1905, 582.

АСТ 294.

Providing for the dissolution and winding up of savings banks, trust companies, etc., and providing for disposition of funds not claimed within five years. [Stats. 1891, p. 271.]

This act appears in full in Civil Code, Appendix, p. 676.

АСТ 295.

Creating a board of bank commissioners.

740.]

[Stats. 1877-8, p

Amended 1887, 90; 1895, 172; 1901, 30. Repealed 1903, 73. Cal. Rep. Cit. 106, 69; 79, 465; 86, 259; 97, 472; 100, 111; 102, 450; 106, 69; 125, 457; 133, 108; 141, 78; 145, 706; 145, 710; 145, 711.

ACT 296.

An act creating a board of bank commissioners, and prescribing their duties and powers. [Approved March 24, 1903. Stats. 1903, 365. Am'd. 1905, p. 304.]

The People of California represented in senate and assembly do enact as follows:

Section 1. Within ten days after the passage of this act the governor shall appoint, by and with the advice and consent of the senate, four competent persons, one of whom shall be an expert of accounts, to be styled bank commissioners; and the governor shall designate, at the time of such appointment, their respective terms of office in accordance with the following classification, viz.: Two of said commissioners shall serve for two years, and two for four years. Their successors shall be appointed by the governor, and hold their office for the term of four years and until their successors are appointed and qualified. Should a vacancy occur either by death, removal from the state or otherwise, the governor shall appoint his successor for the unexpired portion of his term. The persons who are so appointed shall have no offi

cial connection with nor be in the employ of any savings bank, bank, banking company, or banking society, nor shall they, during their terms of office, own or be interested in the stock or other property thereof. Said commissioners shall have their office in the city of San Francisco.

Sec. 2. The bank commissioners, before entering upon the duties of their office, must execute an official bond in the sum of twenty thousand dollars, and take the oath of office, all as prescribed by the Political Code for state officers in general.

Sec. 3. The duties of the bark commissioners shall be to prepare and furnish to every savings bank, bank, and banking company, or any other corporation incorporated under the laws of this state, or of any other state or territory, or foreign country, doing a banking business in this state, applying therefor, a license, in the form to be prescribed by them, authorizing such corporation to use the name and to transact the business of a savings bank, bank, or banking company, until the first day of July next thereafter; to receive and place on file in their office the reports required to be made by savings banks, banks, or banking corporations, by this act; to prepare and furnish, on demand, to all persons, firms, partnerships, corporations, or officers required to make and return statements or reports to said bank commissioners by the provisions of this act, blank forms for such statements or reports as may by law be required of them; to make, on or before the first day of October in each year, a report to the governor of this state, containing a tabular statement and synopsis of the several reports which have been filed in their office since their last report, and any other proceedings had or done by them under this act, showing generally the condition of the respective savings, commercial and other banking corporations or institutions of this state, and such other matters as in their opinion may be of interest to the public, with a detailed statement, verified by their oaths, of all moneys and fees of office received by them during the same period.

Sec. 4. It shall be the duty of one or more of the bank commissioners, as designated by the commissioners, once in each year, and as often as in their judgment may be deemed necessary, without previous notice, to visit and make, personally, a full examination of each and every corporation mentioned in section three of this act; to inspect all books, papers, notes, bonds, or evidences of debt of such corporation, and all securities; to ascertain the condition of every such corporation, its solvency, its ability to fulfill its obligations,

and, if, in their opinion, it is deemed necessary, report its condition to the attorney-general as soon as practicable after such examination.

Sec. 5. Such commissioners must examine, under oath, any of the officers, agents and servants of any such corporation, in relation to the affairs and condition of such corporation, and may administer such oath personally; and whoever shall neglect or refuse, after demand and notice thereof, and without justifiable cause, to appear, or testify under oath, before the said commissioners in the discharge of their duties, shall be deemed guilty of a misdemeanor, and on conviction. thereof be punished by a fine not exceeding five thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.

Sec. 6. If any bank commissioner shall have knowledge of the insolvency or unsafe condition of any corporation mentioned in this act, and shall neglect to report the same, in writing, to the attorney-general, as required by this act, he shall, on conviction thereof, be punished by a fine not exceeding ten thousand dollars nor less than five thousand dollars, or by imprisonment in the county jail not less than one year nor more than two years, or by both such fine and imprisonment, and his office shall be declared vacant by the governor, and a successor be appointed for the unexpired

term.

Sec. 7. No corporation shall use the name or transact the business of a savings bank, or bank, or banking corporation, without the license provided for by section three of this act; and any corporation violating this provision shall forfeit the sum of one hundred dollars per day during the continuance of the offense; and any person who enters upon, engages in, or carries on, or in any manner attends to the business or management of a savings bank, or bank, or banking corporation, doing business without such license, whether as manager, principal, agent, officer, employee, or otherwise, shall forfeit the sum of one hundred dollars for every day he so enters upon, engages in, or carrics on, or attends to such business; and any violation of this section is also hereby declared to be a misdemeanor.

Sec. 8. Any corporation mentioned in section three of this act, including banks in liquidation or insolvency, shall, whenever required by the board of bank commissioners, make a report in writing to the commissioners, verified by the oath of its president and its secretary, or cashier, or its two principal officers. Said report shall show the actual financial

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