The Miller press. [volume] (Miller, S.D.) 190?-current, 1916-11-02

the request therefor, from him. such re-
ports shall be published in a newspaper
In the town In which such bank Is located.
provided that in case no newspaper is
published in such town the report shall be
published in the nearest town within the
county in which such bank Is located,
where a newspaper is published. II there
be no newspaper published within the
county in which such bank is located.
then such report h be published at the
nearest town within an adjoining county
within the state, where a newspaper. is
published. and in the same form as made
to the public examiner. Proof of publi-
cation shall be furnished to the public ex-
of the aforesaid call.
The public examiner shall also have the
power to call for special reports from any
bank wheneve In his judgment the same
is necessary to inform him fully of the
condition of such bank.
Sec. 70. Ten Dollars Per Day Forfeit
ure-Evsry bank failing to make and
transmit to the public examiner any OF
the reports or proofs of publication as
required or contemplated by thisa act shall
be subject 81 the discretion Of the public
examiner to a forfeiture of ten dollars
making such reports. Whenever any bank
fails or refuses to pay the forfeiture here
in imposed for failure to make and trans
init such report, the public examiner is
for the recovery OF such forfeiture.
Sec. 81. Books and Accounts-Forms
Observation-Disclosures 1t shall appear to
the public examiner that any bank does
not keep books and accounts in such man.
ner as to enable him to readily ascertain
the true condition Of such bank, he shall
have the power to require the officers or
any or them to opel and keep such books
or accounts as he may in his discretion
determine and prescribe for the purpose
OF keeping accurate and convenient rec
ords OF transactions and accounts of such
bank in permanent form. Any bank
that refuses or neglects to open and keep
such books or accounts as may be pre-
scribed or required by the public exam
ineA snail be subject to a penalty Of ten
dollars for each day it neglects and fails
to open and keep such prescribed books
and accounts, and the public xamin
Is hereby authorized to institute proceed
ings for the recovery of such forfeiture.
Sec. %. Making False Statement Made
q Felony-Any banker, officer, director
or employe of any bank who shall SUBJ
scribe to or make or cause to be made,
any false statement or false entry in the
books OF any bank, or shall subscribe to
or exhibit false papers,, with intent to
to examine into the affairs of said bank.
or shall make, state or publish any false
report or statement of any such bank,
shall be deemed guilty Of a felony and
upon conviction thereof shall be punished
by a fine not to exceed five thousand dol
iarS, or by Imprisonment in the state PEN
itentiary not to exceed ten years, or by
both such fine and Imprisonment In the
discretion of the court.
Sec. 20. Refusal To Permit Inspection
-Efec Of-Whenever any officer In
charge of a bank shall refuse to submit
the books, papers and concerns Of such
bank to the inspection of the public ex-
aminer, his deputy, or examiner appointed
hereunder, or refuses to be examined on
oath touching the concerns of the bank,
the public examiner is hereby authorized
to take charge of such bank and to wind
UP its affairs.
Sec. "a. Perjury-How Committed
pann1fxy-ENuarU nfANnT nr nranlnUa nf Qnv
bank required by law to take oath or af-
firmation, or who shall wilfully swear or
affirm falsely upon any material matter,
h be deemed guilty of perjury. and
upon conviction thereof, shall be punished
as provided by the laws of this state for
the punishment of perjury.
Banks--Any bank organized under this
act may r~eorganiZe under the avs OF the
United States as a national bank. AS soon
as such bank shall have obtained the GER
tificate from the comptroller OF the cur
rency, authorizing ii to busi-
ness under the United States banking law,
such r~eorganized bank shall take and
hold all the assets, real and personal. OF
such bank organized under this act, sub
ject to all liabilities existing against said
bank organized under this act, at the
time Of such reorganization; and shall
Immediately notify the public examiner
of such reorganization and transfer.
Sec. &c. National Banks May Reorgan-
ize as State Banks-Any national bank
duL1OIlZCu W uiSSOlNOs olio I'm ohiehii
nave taken the necessary steps to effect
dissolution, may reorganize under this act,
upon the consent in writing of the owners
of two-thirds of the capital stock of such
bank, and with the approval of the pub
lie examiner. Such stockholders shall
make, execute and acknowledge articles
of Incorporation as required by this act,
and shall set forth the said written con-
sent of such stockholders. Upon the filing
of said articles, as provided by this act,
and upon the approval of the public ex-
A. -.,aI lAo1r shall hA danpaad 70 ha
reorganized under this act, and thereupon
all assets, real and personal, of such dis
solved national bank shall be vested In
and be and become the property Of such
reorganized bank, subject to all liabilities
Of such national bank not nquidated De-
fore such reorganization.
Sec. 81. Consolidation Of Banks-Con-
sent Neces3ary-A bank, which is in good
faith winding up it's business may for
such purpose consolidate with some other
bank in the same town by transferring
it's resources an. liabilities to such bank
with which it is in process of consolida-
ton, but no consolidation shall be made
without due notice in writing or Such IN
%tention, to the public examiner, and not
then until a thorough examination has
been made by him and his consent In
writing obtained, provided that in no case
may a bank consolidate for the purpose
of defeating or d~efrauding any OF the
creditors thereof in collection of their
debts, or either of them.
Sec. %. Voluntary Liquidation-Disso-
iutiOn-Any Dank may Noiuilaihy hqu
date by paying off all of its depositors In
full, and upon fling a certified statement
with the public examiner setting forth
the fact that all its liabilities have been
paid: provided. however, that III any ia
bilities of such bank remain unliquidated
and the person or persons entitled to re-
ceive payment thereon have not been To-
Gated, the bank shall publish notice for
ten consecutive weeks, in some newspa-
per published in 1.-The town or county In
which such bank is located, to the cred
itors thereof, OF its intention to ~hquidate
and II any liabilities remain unilquidated
subsequent to such publication OF notice,
iner a certified list of the names and last
known addresses of such persons entitled
to receive payment thereon, and shall de-
post with the public amin a sum
sufficient to liduidate such liza abilities, after
which ii shall be considered that such
liabilities have been liquidated. The FUNDS
30 received by the public examiner snan
be handled I'm the manner prescribed for
making disposition of unclaimed deposits
or dividends in insolvent banks.
ANY corporation transacting a banking
business under this act may be dissolved
by the circuit court of the. county. IN
which it's place of business Is located! In
the following manner: A verified petition
shall be filed in the office of the clerk OF
said court, signed by the president or a
majority Of the board of directors, set
ting forth that stockholders representing
two-thirds of the amount OF stock or sucn
association have adopted a resolution IA
proceedings to be instituted for that pur-
pose. a copy of which resolution. shall set
forth that all claims and demand against
euch association have been paid and DIS
charged: and thereupon a NOTICE snah De
published for the time and In the manner
49, for nryrfN nv nIrhlI-