§ 4. Enforcement. The enforcement of the provisions of this act shall be under the supervision of the state superintendent of weights and

measures.

§ 5. Repealed. All acts or parts of acts in conflict herewith are hereby repealed.

Insolvent debtors, relief of. [Stats. 1875-76, p. 581.] Supplementing act of May 4, 1852. Stats. 1852, p. 69. Repealed by Insolvent Act of 1880, p. 82. See next act.

This act is unconstitutional: Baum v. Raphael, 57 Cal. 361.

ACT 632.

For the relief of insolvent debtors. [Stats. 1880, p. 82.] Amended 1891, p. 511; 1893, p. 45. Repealed 1895, p. 131. See next act.

This act is not unconstitutional as impairing the obligation of a contract: Porter v. Imus, 79 Cal. 183, 21 Pac. 729. See, also, Pomeroy v. Gregory, 66 Cal. 574, 6 Pac. 493.

Section 64 of this act allowing appeals in contempt proceedings is unconstitutional: Clancy, Ex parte, 90 Cal. 553, 27 Pac. 411.

A state cannot pass an insolvent law to discharge the obligation of a contract made elsewhere: Lowenberg v. Levine, 93 Cal. 215, 16 L. R. A. 159, 28 Pac. 941.

ACT 633.

For the relief of insolvent debtors, for the protection of creditors and for the punishment of fraudulent debtors. [Stats. 1895, p. 131.] Amended 1897, p. 35; 1911, p. 489. Superseded by federal insolvency

Amended 1863-64, pp. 158, 531; 1865-66, p. 626; 1869-70, p. 130; 1871-72, p. 132. Supplemented 1867-68, p. 459.

"Repealed by § 288, Civ. Code; and even as to pre-existing corporations modified by the codes and the constitution. (McGowan v. MeDonald, 111 Cal. 57.)"-Code Commissioner's Note. See, also, Laidlaw v. Pacific Bank, 70 Pac. 277; Murphy v. Pacific Bank, 119 Cal. 334.

ACT 644.

Supplemental to the act for formation of savings corporations. [Stats. 1867-68, p. 459.]

Repealed by § 288, Civil Code.

ACT 645.

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, p. 523.] Repealed by § 288, Civil Code.

ACT 646.

Concerning corporations engaged in banking. [Stats. 1875-76, p. 729.] Repealed 1893, p. 112; 1895, p. 77.

This act provided for the publication of sworn statements by banks. ACT 647.

To compel savings banks to publish a sworn statement of unclaimed deposits. [Stats. 1893, p. 183. Repealed 1905, p. 582.]

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 Repealed 1905, p. 582.

ACT 648.

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

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

ACT 649.

An act providing for the dissolution and winding up of savings banks, trust companies, and banks of deposit, and providing for the disposition of all funds deposited therein and not claimed within five years after such banks have ceased to do business, or after the commencement of proceedings to dissolve. [Approved March 31, 1891. Stats. 1891, p. 271.]

This act is probably superseded by the Banking Act of 1909.

ACT 650.

Creating a board of bank commissioners. [Stats. 1877-78, p. 740.] Amended 1887, p. 90; 1895, p. 172; 1901, p. 30., Repealed 1903, p. 73. Title of act is sufficient within requirements of constitution: People ex rel. Gerherding v. Superior Court, 100 Cal. 105, 34 Pac. 492. ACT 651.

An act creating a board of bank commissioners, and prescribing their duties and powers. [Approved March 24, 1903. Stats. 1903, p. 365. Amended 1905, p. 304; 1907, p. 572. Repealed 1909, p. 87.]

See next act.

The bank commissioners act of 1903 is constitutional: People v. Bank of San Luis Obispo, 154 Cal. 194, 97 Pac. 306; Idem., 159 Cal. 65, Ann. Cas. 1912B, 1148, 37 L. R. A. (N. S.) 934, 112 Pac. 866.

ACT 652.

An act to define and regulate the business of banking.

[Approved March 1, 1909. Stats. 1909, p. 87.]

Amended 1. 1911, pp. 7, 958, 1003, 1008; 2. 1911 (Ex. Sess.) pp. 2, 115; 3. 1913, pp. 136, 335; 4. 1915, pp. 297, 1104, 1138, 1139; 5. 1917, pp. 586, 598, 622; 6. 1919, pp. 186, 622; 7. 1921, pp. 181, 1362; 8. 1923, pp. 54, 169, 716.

§ 2. "Bank" defined. Money in escrow.

3. Corporations, how formed.

4. Savings bank, meaning of term.

5. Commercial bank.

6. "Trust company" defined.

Classification.

7. Foreign corporations. Capital and deposits kept separate. Loans. Income as profits. Attorney. Service of process. Trust company business. Loans by foreign banks.

8. Copy of articles of incorporation.

schools.

§ 9. Approval for opening branch office. Capital. Discontinuance. Certificate of authority. Fee. Savings banks in Penalty.

$10. Qualifications of bank directors. Bank without capital stock. $11. Meetings. Oaths. Agents of foreign corporations.

12. Unlawful naming or description of business as bank or trust company. Exception in case of building and loan associations. 12a. Prerequisites to advertising as bank. Not applicable to building and loan associations.

$12b. Not applicable to life insurance companies.

12e. Foreign corporations may lend money in state. Representative.

License Fee.

13. Transmitting money to foreign countries.

superintendent.

$14. Advertising statements, to contain what.

Certificate filed with

15. Unclaimed deposits and proceedings in case of.

15a. Deposit by minor.

16. Deposits by married women and infants. Joint deposits. Withdrawal of deposits of deceased persons over one thousand dollars. [Repealed.]

17. Notice of names of directors and stock held.

$18. Partnership, list of. [Repealed.]

$19. Capital and deposit liabilities.

$20. Total reserves of commercial banks. If member of federal reserve bank. Penalty for not maintaining reserves. Reserve depositaries. Restoration of reserves.

$21. Dividends. Surplus fund. Charging loss to surplus. Depositors' prior claim.

$21a. Terms and conditions on which bank may borrow money. 21b. Partial payments. Overdraft as asset.

Bad debts.

22. Commercial savings and trust combinations.

23. Consent to doing departmental business. Capital stock.

§ 24. Certificate for each department required. Fee.

§ 24a. Seal of superintendent. Seal. Certified copies.

§ 25. Department money reserve. Deposits, transfer of to other depart

No restriction on purchase of U. S. bonds or notes.
Bonds, purchase of. [Repealed.]

§ 37. Investment in capital stock of corporations.

company. Stock of safe deposit corporation. Stock of joint

stock land banks.

Stock of trust

§ 42.

Officer or employee not to purchase assets at discount.

§ 43.

Deposit of funds in another bank.

§ 47. Loans on realty.

§ 48. National banks, examination of.

§ 48a. Fiduciary powers of national banks. Inspection by superintendent. Charge by banking department for services.

§ 49. Unlawful for commercial banks to advertise as savings banks. § 49a. National banks may come under this act.

$50. Posting of certificate.

§ 51.

Deposits by order of court.

$52.

Certified checks.

$55.

§ 56.

Receiving deposits not creation of debt. Real and personal estate
Authority to become member of federal reserve bank. Powers.
Subject to federal reserve examinations.

§ 56a. Bank converting into national bank. Procedure.

§ 56b. National bank becoming state bank. Procedure.

§ 57. Loans secured by first lien on real estate.

§ 57a. What are prior liens.

§ 58. Application to engage in foreign banking. Procedure.

ARTICLE II.
Savings Banks.

§ 60. Capital stock of savings banks. Banks not affected.

§ 61. Purchase of real and personal property by savings banks. § 61a. Investigation of bonds by superintendent. Revocation of certificate. Expense of investigation. Unlawful advertisement of securities as legal investments.

$62. Savings banks not to trade in real property. Drafts. Borrowing money, procedure.

§ 63. Certificates of deposit, issue of. Time certificates.

$64. Time and condition of repayment of deposits. Reserve fund. $65. No loans to director or officer. Loans to another bank owned by stockholders. Loans to agents and employees. Felony. Penalty. Loans to religious corporations, clubs, etc. Loans secured by U. S. bonds or notes.

866. No loan exceeding 50 per cent of stock. Renewal of loan. $67. Limitation on loans. Loans on bonds or notes. Loans on real estate. Loans on capital stock of corporations. Mining stock. $68. Total reserve of savings banks. Member of Federal Reserve Bank. Failure to maintain reserves. Deposits with commercial banks.

$681. Deposits of deceased persons may remain in savings banks. $69. Savings banks to be conducted under provisions of this act. $70. Power to receive Liberty bonds.

ARTICLE III.

Commercial Banks.

$80. Loans of commercial banks. Without security. With security. Restrictions not applicable to bills of exchange, etc. Computing liabilities to commercial bank.

$81. Loans; securities of corporations.

$52. Capital stock of commercial banks. Existing banks. Banks in

annexed territory.

$83. Loans to officers, etc. Commercial banks. Amount of credit. $84. Investments in bank premises.

$85. Limitations on funds deposited by commercial banks.

ARTICLE IV.

Trust Companies.

$90. Trust companies. What corporations authorized to act as. Trust company as member of federal reserve bank.

$91. Deposit of trust funds by executor, etc.

$92. Deposit of trust funds by public administrator.

$93. Court may order deposit.

$44. No bond required.

$95. Interest on deposits.

$96. Security deposit with state treasurer. Securities acceptable.

Approval by superintendent of banks.

$97. Mortgage of building.

Exchange of securities.

$95. When trust funds exceed $500,000. When trust funds amount to

$1,000,000. Treasurer's receipt. "Trust funds" defined. Penalty. Withdrawal of securities. Validity of acts.

$99. Evidence of title to accompany securities.

$100. Paid up capital required. [Repealed.]

101. Classification of trusts. Court trust. Private trust. Reports. Receiving money in escrow.

$192. Discontinuance of trust business.

$103. Secrecy of communications concerning private trusts.

$104. Word "trust" prohibited to whom. Effect of use of word

"trust."

$105. Investment of capital.

106. Trust company doing commercial business.

$107. Departmental business as title insurance company and as trust

company.