236 BANKS AND TRUST COMPANIES. [ART. 11

ing institution in this State, other than National Banks. At such visits
he shall, in the presence of one of the officers of the institution, have
free access to the vaults, books and papers, and he shall inspect and
examine the affairs of the institution, to ascertain its condition and
see whether it complies with the provisions of law. Any additional
examination other than an annual examination shall be made at the
expense of the Banking Department.

1910. ch. 219, sec. 8 (p. 8).

8. The Commissioner or Deputy Commissioner may summon the
officers, managers, trustees, employees or agents of such banking insti-
tution and such other witnesses as he thinks proper, and examine them
relative to its affairs, and for that purpose may administer oaths.
Whoever, without justifiable cause, refuses to appear or testify when
required, or obstructs the Commissioner or those acting for him in the
discharge of his duties, shall be deemed guilty of a misdemeanor, and
upon conviction in a Court of competent jurisdiction shall be punished
by a fine of not more than one thousand dollars, or imprisonment for
not more than one year, or both.

1910. ch. 219. sec. 9 (p. 8).

9. If, upon examination, any banking institution appeal's to be
insolvent; or its condition such as to render the continuance of its busi-
ness hazardous to the public, or if it appears to have failed to comply
with any provision of law, the Bank Commissioner shall report the
same to the Governor, who may cause such proceedings to be instituted
against the institution as he may deem proper, after advising with the
Attorney-General with respect thereto.

The forfeiture of the charter of a bank cannot be taken advantage of or
enforced collaterally, but only by a direct proceeding for that purpose. Such
a forfeiture must be Judicially established. Planters Bank v. Bank of Alex-
andria, 10 G. & J. 356.

1910, ch. 219. sec. 10 (p. 9).

10. If, in the opinion of the Bank Commissioner, any of the officers,
managers or trustees of any banking institution aforesaid have violated
any of the provisions of this law, he shall forthwith report the same to
the Governor, who may direct the Attorney-General to institute a prose-
cution for such violation.

1910, ch. 219, sec. 11 (p. 9).

11. Any officer, manager, trustee, agent, clerk or employee, who
wilfully and knowingly violates any of the provisions of the law govern-
ing or regulating the institutions mentioned in this Article, shall be
deemed guilty of a misdemeanor, and if found guilty shall be fined not
more than one thousand dollars or be imprisoned for not more than
three years, or both.