The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1916-10-26

49, Eo'eti tNo VI titl 10 nv Pbhi w BP'N
from the public examiners Contingent
Fund, upon vouchers countersigned by the
state auditor. Vouchers for the deputys,
attorneys, examiners, special eXamin-
ers', and clerks salaries must first be
approved by the public examiner.
All actual and necessary expenses OF
said public examiner, deputy, attorney,
examiners, special examiners, or clerks,
Incurred In the discharge Of their duties,
shall be paid by the state and shall be
fully itemized upon proper vouchers ana
certified to the state auditor. If allowed,
the state auditor shall issue his warrant
and the State Treasurer shall pay the
amount of such expenses out OF the pubic
examiners Contingent Fund.
Within fifteen days from the notlce
of their appointment respectively, the
public examiner, deputy, attorney, ex-
sminers and special examiners shall take
and subscribe the oath Of office pre-
scribed by the constitution, and each shall
give to the people OF the state a surety
company bond. to be approved by the
governor, conditioned upon the faithful
discharge OF the duties of their respective
offices, in the following sums, to-Wlt;
The public examiner, twenty-five thou
sand dollars; the deputy public examiner,
twenty-five thousand dollars; the attorney,
ten thousand dollars; the examiners, ten
thousand dollars; and special examiners,
five thousand dollars; the premiums
thereon to be paid out Of the pubic eN-
aminer's Contingent Fund. Said oaths Of
office and bonds TO be filed with the Sec
Rotary Of state.
Sec. T.. seal-Tbe public examiner
shall have a seal OF the office containing
the words "Public Examiner OF south
Dakota" in the form Of n circle, and the
word Seal" within the circle.
Sec. 3. Powers Conferred on the Pub
lie Examiner II shall be the duty OF
he power by himself, his deputy, or by any
examiner he may appoint for that pur-
pose, 10 examine at least twice IN tach
year, the cash, bills, collateral, securities,
1Alls, ~ ag..rYBt ,.I1fIfAn and affairs OF
each bank and trust company doing bust
ness In this state, except national banks,
and shall ascertain whether such pank
or trust company tranSacts its business
at the place designated in the articles of
incorporation, and whether it's business is
conducted in the manner prescribed by
law.
For such purposes, he may Issue sub
poeuas requiring the attendance at such
time and place a. he may designate, OF
any witnesses he may deem necessary TO
Il proper investigation or the CONDITION OF
Buch banks or trust companies; admllister
oaths and examine such witnesses under
oath, touching the affairs and business. or
sucn institution; and may require for his
inspection the production OF the Original
or copy of all mortgages, collateral
pledges, and evidence of the recording or
filing thereof as the case may be. In
case Of any refusal to obey a subpoena
issued In accordance with the above pro-
visions, such refusal shall at once be re-
ported to the circuit court of the circuit
In which the institution is located and
the said court shall enforce obedience 10
such subpoena in the manner provided by
law for enforcing obedience to the SUD-
poenas of said court. A witness fee or
two dollars per day and five cents per
mile for each mile actually and neCessa-
rily travelled, shall be paid to each wit
ness and such fee and mileage shall be a
proper charge against the assets Of such
institution, payable thorefrom immediate
ly, upon the order of the examiner.
The public examiner shall examine or
cause to be examined, any bank or trust
company, when requested so to do by the
board of directors of such bank or trust
company and when an examination is
made upon such request. In addition TO
the regular fee prescribed, such bank or
trust company shall pay all Incidental
expenses in connection herewith.
Sec. 6. Fees for Examination Each
and every bank and trust company shall
pay n fee in the amount OF one one-hun-
dredth part OF n per cent. OF the gross
of the assets of such bank or
trust company, for each and every regular
examination. Provided, that the exanina-
ton fee of any bank or trust company
not be less than ten dollars, and
provided further, that IL the condition of
any bank or trust company is such, in the
judgment of the public examiner, as to
make more than two examinations neces-
gary or advisable In any one year, then the
expense in connection with such special
examination shall also be paid by such
bank or trust company in addition TO the
regular Zee, anu, prONlutu luTlIeT, lldl |
banks located off a line of railroad shall
pay for each and every regular examina-
fion, an additional charge OF twenty cents
for each mile such bank or trust COM
pany Is distance from the nearest railway
station.
For the examination required to be
made, before a bank or trust company
open for business, a fee of twenty
dollars shall be paid, and in case
bank or trust company is located off
q line Of railroad, an additional fee of
twenty cents for each mile such bank or
company is distant from the nearest
railway station.
Following each examination, the public
shall render to the bank or
trust company examined, a bill for such
fee, which fee shall be at once paid to
the public examiner who shall issue a
in triplicate therefor; one Of said
receipts shall be delivered to the bank
or trust company SO paying the fee, the
duplicate receipt shall be forwarded TO
c cen S's shan ie be filed in the office Of the
public examiner. II such fee shall not be
paid, the public examiner shall maintain
an action therefor against such bank or
trust company. and shall be entitled to
recover interest thereon at the rate OF
per cent. per annum from the date OF
examination.
Sec. Z. Record of Fees.1 1t shall be
the duty of the public examiner to keep a
record Of all fees collected by him or his
together with a record OF all ex-
incurred IN making the eXamlna-
ton Of all banks and trust companies
and at the end Of each month pay over
to the state treasurer, all fees collected
during the preceding month; and he shall
file with the state treasurer an tented
showing from whom collected.
Sec. s. Not to Disclose Information
The public examiner. his deputy, at
torneys, examiners, special examiners,
in charge and every clerk in
his department shall be bound by oath
to keep secret all Of the facts and infor-
obtained in the course OF such
examinations, except so far as the public
duty Of such officer requires him to report
upon or take special action regarding the
affairs Of any bank or trust company n
except when called as a witness In any
proceedings In a court OF Justice. II n
public examiner, his deputy, attorney, ex-
aminers, special examiners, examiners In
charge, or clerks In such department,
disclose the name Of any debtor Of
any bank or trust company, or shall dis
close any fact obtained In the course Of
his examination Of any bank or trust
company except AZ herein provided. he
shall be subject, upon conviction thereof,
TO a forfeiture Of his office M to the
payment of q fine of not less than one
hundred dollars nor more than one thou
0and dollars, or imprisonment In the state
prison not less than six months nor more
than two years. or to both such fine and
imprisonment. In the dissertation OF the
Sec. .. When Capital Impaired, Duty Of
Public Examiner.1 whenever the public
capital OF any bank or trust company In
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