An act to compel savings banks to publish a sworn statement of all unclaimed deposits.

[Approved March 23, 1893; Stats. 1893, p. 183.]

§ 1. Statement of unclaimed deposits.

§ 2. Report of bank commissioners.

§ 3. Penalty.

Section 1. The cashier or secretary of every savings bank, savings and loan society, and every institution in which deposits of money are made and interest paid thereon, shall, within fifteen days after the first day of December, in the year one thousand eight hundred and ninety-three, and within fifteen days of the first day of December of each and every second succeeding year thereafter, return to the board of bank commissioners a sworn statement, showing the amount standing to his credit, the last known place of residence or postoffice address, and the fact of death, if known to said cashier or secretary, of every deposi tor who shall not have made a deposit therein, or withdrawn therefrom any part of his deposit, or any part of the interest thereon, for a period of more than ten years next preceding; and the cashiers or secretaries of such savings banks, savings and loan societies, and institutions for deposit of savings, shall give notice of these deposits in one or more newspapers published in or nearest to the city, city and county, or town where such banks are situated, at least once a week for four successive weeks, the cost of such publications to be paid pro rata out of said unclaimed deposits; provided, however, that this act shall not apply to or affect the deposit made by or in the name of any person known to the said cashier, or secretary to be living, any deposit which, with the accumulations thereon, shall be less than fifty dollars.

Sec. 2. The board of bank commissioners shall incorporate in their subsequent report each return which shall have been made to them, as provided in section one of this act.

Sec. 3. Any cashier or secretary of either of the banking institutions mentioned in section one of this act neglecting or refusing to make the sworn statement required by said section one, shall be guilty of a misdemeanor.

An act to compel all depositaries of money and commercial banks to publish a sworn statement of all unclaimed deposits.

[Approved February 25, 1897; Stats. 1897, p. 27.]

§ 1. Sworn statement, duty to file.

§ 2. Bank commissioners to report. § 3. Misdemeanor.

Section 1. The president, cashier, or secretary of every bank, depositary, society, or institution of every kind or character which receive money on deposit, or in which deposits of money are made, and upon which deposits no interest is paid, shall, within fifteen days after the first day of June in the year one thousand eight hundred and ninety-seven, and within fifteen days of the first day of June of each and every second succeeding year thereafter, return to the board of bank commissioners, a sworn statement showing the amount standing to his credit, the last known place of residence or postoffice address, and the fact of death, if known to said president, cashier, or secretary, of every depositor of such bank, depositary, society, or institution, who shall not have made a deposit therein, or withdrawn therefrom any part of his deposit or funds to his credit therein, for a period of more than ten years next preceding; and the presidents, cashiers, or secretaries, of all such banks, depositaries, societies, and institutions, which receive money on deposit or in which deposits of money is made, shall give notice of these deposits, in one or more newspapers published in or nearest to the city, city and county, or town where such banks, depositaries, societies, or institutions are situated, at least once a week for four successive weeks, the cost of such publications to be paid pro rata out of said unclaimed deposits; provided, however, that this act shall not apply to or affect the deposit made by or in the name of any person known to the said presidents, cashiers, or secretaries, to belong, or any deposit which, with the accumulations thereon, shall be less than fifty dollars.

Sec. 2. The board of bank commissioners shall incorporate in their subsequent report each return which shall have been made to them, as provided in section one of this act.

Sec. 3. Any president, cashier, or secretary of either of the banks, depositaries, societies, or institutions named in section one of this act, neglecting or refusing to make the sworn statement required by said section one, shall be guilty of a misde

meanor.

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.] Right to dissolve savings banks, etc.

§ 1.

Section 1. That any savings bank or trust company or bank of deposit heretofore created or which may be hereafter created shall have the right, on application of the stockholders or members to the superior court of the county wherein its principal place of business is situated, to dissolve said corporation in the manner provided for in title six, part three, of the Code of Civil Procedure.

Sec. 2. It is hereby made the duty of every person or corporation holding funds of any savings bank or trust company or bank of deposit, at the end of five years from and after such bank has ceased to receive deposits or do business, to pay the same into the state treasury, which money shall be held in the state treasury in a fund which is hereby designated as "the dissolved savings bank fund"; and at the same time it shall be the duty of such person or corporation to furnish to the state controller a list of the names of all depositors to whom said moneys belong or to whom said bank owes the same.

Sec. 3. The money in said "the dissolved savings bank fund" may be drawn out on the warrants of the state controller, issued on proofs of ownership, approved and allowed by the state board of examiners.

Sec. 4. All moneys paid into the said "the dissolved savings bank fund" uncalled for within five years after being paid in shall escheat to the state, and thereafter only drawn out in such manner as now provided for by law for the estates of deceased persons escheated to this state.

Sec. 5. That any person or corporation failing to comply with the provisions of this act shall be liable to the state of California for the amount of money so retained by them contrary to the provisions of the first four sections of this act; and the attorney general of this state is hereby authorized, empowered, and directed to bring action, in the name of the people of the state of California, in such manner and upon the same terms as now provided for escheated estates, to recover judgment for said money, and when so recovered, to be paid into the state treasury and held subject to the provisions of this act; provided, that said fund shall be liable for the expense of the recovery of the same, to be paid out upon demands audited by the state board of examiners.

Sec. 6. Whenever and as often as there is in the state treasury to the credit of the said "the dissolved savings bank fund" the sum of ten thousand dollars, the state board of examiners must invest the same in civil funded bonds of this state, or in bonds of the United States, or in bonds of the several counties of this state; the investments to be made in such manner and upon such terms as the board shall deem for the best interests of the said "the dissolved savings bank fund"; provided that no bonds of any counties shall be purchased, of which the debt, debts, or liabilities at the time exceed fifteen per cent of the assessed value of the taxable property of said county.

Sec. 7. All bonds purchased by the board under the provisions of this act must be delivered to the state treasurer, who shall keep them as a portion of said "the dissolved savings bank fund," the interest upon such bonds to be placed by him to the credit of said fund.

Sec. 8. Whenever the moneys on hand in the state treasury, to the credit of the said "the dissolved savings bank fund" is

not sufficient to pay the claims allowed by the state board of examiners against said fund, it shall be the duty of said board to sell such bonds belonging to said fund as they may deem proper, for the purpose of providing funds for the payment of such claims so allowed by them.

Sec. 9. This act shall take effect from and after its passage.

An act creating a board of bank commissioners, and prescribing their duties and powers.

§ 6.

Report of insolvency of bank-Penalty for failure.

§ 15. "Bank Commissioners' Fund," how constituted, etc.

§ 16. Records.

§ 17. Issue subpoenas, attachments, etc.

§ 18. Right to sue.

19. Delivery of property, etc., to successors.

§ 20. Report to commissioners by individual bankers.

§ 21. Term "bank" defined.

Section 1. Within ten days after the passage of this act the governor shall appoint, by and with the advice and consent of