BANKS AND TRUST COMPANIES. 321

Commissioner shall perform the duties of that office until his successor is
duly appointed and qualified, or until the removal of such disability or the
absence of the Commissioner.

An. Code, sec. 7. 1910, ch. 219, sec. 7 (p. 8). 1912, ch. 194, sec. 7. 1918, ch. 33, sec. 7.

1920, ch. 268, sec. 7.

6. The Commissioner, Deputy Commissioner, or an Examiner ap-
pointed by the Commissioner shall at least twice in each year, and whenever
he considers it expedient, visit each banking 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.

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

7. The Commissioner or Deputy Commissioner may summon the offi-
cers, managers, trustees, employees or agents of such banking institution
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.

An. Code, sec. 9. 1910, ch. 219, sec. 9 (p. 8). 1912, ch. 194, sec. 9.

8. Whenever the Bank Commissioner shall, upon examination have
reason to believe that the capital stock of any institution to which this
Article is applicable, is reduced by impairment, the said Bank Commis-
sioner may require such institution to make good the deficiency within
sixty days after the day of such requisition, and if said institution shall
fail to comply with said request within the time prescribed, the Bank
Commissioner may forthwith take possession, of the property and business
of such institution and retain such possession until such institution shall
resume business or its affairs be finally liquidated as herein provided.

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 Alexandria, 10 G. &
J. 356.

An. Code, sec. 10. 1910, ch. 219, sec. 10 (p. 9). 1912, ch. 194. 1914, ch. 205, sec. 10.

9. Whenever it shall appear to the Bank Commissioner upon exami-
nation, that any institution to which this Article is applicable, is conduct-
ing its business in an unsafe, or unauthorized manner, or if any such
institution shall refuse to submit its books, papers and concerns to the ex-
amination of the bank commissioner, or if any such institution shall neglect
or refuse to observe an order of the Bank Commissioner as specified in
Section 8 of this Article, the Bank Commissioner may, with the written
consent of the Governor and Attorney-General obtained prior thereto forth-
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