398 ARTICLE 11

access to any and all information possessed by the office of said Bank
Commissioner with reference to the conditions or affairs of any such
insured institution.

Nothing in this Section shall be construed to limit the duty of any
banking institution in this State, deposits in which are to any extent
insured under the provisions of Section 8 of the "Banking Act of 1933"
(Section 12B of the Federal Reserve Act, as amended) or of any amend-
ment of or substitution for the same, to comply with the provisions of
said Act, its amendments or substitutions, or the requirements of said
Corporation relative to examinations and reports, nor to limit the powers
of the Bank Commissioner with reference to examinations and reports
under existing laws.

An. Code, 1924, sec. 7. 1912, sec. 8. 1910, ch. 219, sec. 8 (p. 8).

9. 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.

Cited but not construed in State v. Page, 163 Md. 512.

An. Code, 1924, sec. 8. 1912, sec. 9. 1910, ch. 219, sec. 9 (p. 8). 1912, ch. 194, sec. 9.

10. 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.

Cited in Pritchard v. Myers, 174 Md. 73.

An. Code, 1924, sec. 8A. 1933, ch. 529, sec. 8A.

11. Any banking institution doing business under this Article may,
by action of its Board of Directors, place its affairs and assets in the
hands and under the control of the Bank Commissioner, by posting a notice
on its front door as follows: "This institution is in the hands of the Bank
Commissioner." Immediately upon posting such notice, the said institu-
tion shall notify the Bank Commissioner of such action; upon the posting
of such notice the Bank Commissioner shall forthwith take possession
of the property and business of said institution.
Cited in Pritchard v. Myers, 174 Md. 73.

An. Code, 1924, sec. 9. 1912, sec. 10. 1910, ch. 219, sec. 10 (p. 9). 1912, ch. 194.
1914, ch. 205, sec. 10. 1931, ch. 294, sec. 9. 1933, ch. 529, sec. 9.

12. Whenever it shall appear to the Bank Commissioner, upon exami-
nation, that any banking institution doing business under this Article