The Miller press. [volume] (Miller, S.D.) 190?-current, 1916-10-26


holder or in any manner interested in
xny bank O: trust company. The salaries
OF the public examiner, deputy, attorney,
examiners, special examiners and clerks
hall be paid monthly by the state. out
the salaries Of clerks which shall be paid
from the public examiners Contingent
Fund. upon vouchers countersigned by the
state auditor. Vouchers for the deputy's.
attorneys, examiners, special xamin-
srs', 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 and
certified to the state auditor. III allowed,
the state auditor shall Issue his warrant
and the State Treasurer shall pay the
amount of such expenses out Of the public
examiners Contingent Fund.
Within fifteen days from the notice
of their appointment respectively, the
public examiner, deputy. attorney, ex-
aminers and special examiners shall take
and subscribe the oath Of office pre-
scribed b. 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,wit;
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 10 be paid out Of the pubic ex,
office and bonds to be filed with the Sec
rotary of state.
Sec. A. Seal-The public xamine
shall have a seal OF the office containing
Dakota" in the form of a circle. and the
word Seal within the circle.
Sec. S. Powers Conferred on the Pub.
lie Examiner.l 1t shall be the duty OF
shc public examiner, and he shall have
he power by himself, his deputy, or by any
examiner he may appoint for that puT-
pose, TO examine at least twice In each
year, the cash, bills, collateral, securities,
books of account, condition, and affairs OF
each bank and trust company doing busi-
ness in this state, except national banks,
and shall ascertain whether such bank
or trust company ~transacts its business
at the place designated in the articles or
Incorporation, and whether It's business as
conducted In the manner prescribed by
Law.
For such purposes, he may issue sub
poenas requiring the attendance at such
time and place as he may designate, OF
any witnesses he may deem necessary to
q proper investigation OF the condition OF
such banks or trust companies; administer
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 to
such subpoena In the manner provided by
law for enforcing obedience to the sub
poenas OF said court. A witness fee of
two dollars per day and five cents per
mile for each mile actually and necessa-
rily Travelled, shall be paid to eaeh WI,
proper charge against the assets of such
institution, payable thcrefrom 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 n when an examination Is
made upon such request, In addition to
ths regular fee prescribed, such bank or
trust company shall pay all Incidental
expenses I'm connection Herewith.
Sec. 6. Fees for Examination. Each
and every bank and trust company shall
pay a fee In the amount OF one one-hun-
dredth part Of one per cent: OF the gross
trust company, for each and every regular
examination. Provided, that the examina-
ton fee Of any bank or trust company
shall 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
u1Ake DlOTt tndH lWo hCNtoN
sary or advisable In any one year. then the
expense in connection Will such special
examination shall also be paid by such
bank or trust company In addition to the
regular fee: and, provided further, that
banks located off a line of railroad shall
pay for each and every regular examina-
ton. an additional charge OF twenty cents
for each mile such bank or trust COM
pany In distance from the nearest railway
station.
For the examination required to be
made, before 2 bank or trust company
may open for business, a fee OF twenty
five dollars shall be paid, and in case
such bank or trust company Is located off
q line OF railroad. an additional Zee OF
twenty cents for each mile such bank or
trust company Is distant from the nearest
railway station.
Following each examination. the public
examiner shall render TO the bank or
fee, which fee shall be at once paid to
the public examiner who shall issue a
receipt In trtplicate therefor; one of said
or trust company so paying the fee, the
duplicate receipt shall be forwarded to
the state treasurer, and the triplicate re-
ceipt shall be filed In the office OF the
public examiner. II such fee hal not be
paid, the public examiner shall maintain
an action therefor against such bank or
trust company and shall be entitled to
ten per cent, per annum from the date of
such examination.
Sec. T., RECORD or FeeS.I III snail De
the duty OF the public examiner to keep a
record OF all fees collected by him or his
deputy, together with a record OF all ex-
penses incurred In making the examina-
ton OF all banks and trust companies
and at the end OF each month pay over
20 the state treasurer, all fees Collected
during the preceding month; and he shall
file with the state treasurer an itemized
statement showing from whom collected.
Sec. s. Not to Disclose Information
The public examiner. his deputy, at
tprneys, examiners, special examiners,
examiners in charge and every clerk In
his department shall be bound by oath
to keep secret all OF the facts and infor-
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 and
except when called as a witness in any
procesdings In o court of Justice. II any
public examiner, his deputy, attorney, ex-
aminers, special examiners. examiners in
charge, or clerks In such department,
shall disclose the name of any debtor OF
any bank OF trust company. or shall dis
close any fact obtained In the course Of
his examination Of any bank or trust
company except as herein provided, he
shall be subject. upon conviction thereof.
to a forfeiture OF his office and to the
payment of a fine OF not less h n
hundred dollars nor more than one thou
sand 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 discretion Of the
Sec. O.. When Capital Impaired. Duty of
Public Examiner.1 whenever the public
owamfuer shall becoune "A fisfia6 that thu