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

IN III tOWH III WLiChl suCh Ddnk 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. If there
DO no newspaper published within the
county N which such bank is located,
then such report shall 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-
aminer within fifteen lays after receipt
of the aforesaid call.
The public examiner shall also have the
power to call for special reports from any
bank whenever in his judgment the same
Is necessary to inform him fully of the
condition of such bank.
Sec. 20. Ten Dollars Per Day Forfeit
ure-Every bank falling to make and
transmit to the public examiner any of
the reports or proofs of publication as
required or contemplated by this act shall
be subject al the discretion of the public
examiner to a forfeiture of ten dollars
for each day after the time required for
making such reports. Whenever any bank
fails or refuses to pay the forfeiture here
NIT such report, the public examiner is
hereby authorized to institute proceedings
for the recovery Of such forfeiture.
Sec. Fl. Books and Accounts-Forms
observation-disclosures 1t shall appear to
the public examiner that any bank does
not keep books and account 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 of them to open 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
ine1 snail be subject to a penalty of ten
dollars for each day 1t neglocts and fails
TO open and keep such prescribed books
and accounts, and the public examiner
Is hereby authorized to institute proceed
ings for the recovery of such forfeiture.
Sec. 20. Making False Statement Made
a ~Felony-Any banker, officer. director
or employe of any bank who shall sub
scribe to or make or cause to be made,
any false statement or false entry in the
books of any bank, or shall subscribe 70
or exhibit false papers, with intent to
deceive any person or persons authorized
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
lars, or by Imprisonment in the state PEN
ftentiary not to exceed ten years, or by
both such fine and Imprisonment In the
discretion of the court.
Sec. %. Refusal To Permit Inspection
Effect Of-Wheneyer 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 appointed
hereunder, or refuses to be on
oath touching the concerns of the bank,
the public examiner is hereby authorized
to take charge of such bank and to wind
Sec. "a. Perjury-How Committed
P~enalty-Every officer or employee Of any
bank required by law to take oath or af-
firmation, or who shall wilfully swear or
affirm falsely upon any material matter,
shall be deemed guilty of perjury. and
upon conviction thereof, shall, be punished
as provided by the laws of this state Tor
the punishment Of perjury. .
Sec 25. When Organized as National
Banks-Any bank organized under this
act may reorganize Under the laws Of the
United States as a national bank. AS soon
as such bank shall have obtained the GER
tiicate from the comptroller of the cur
ness under the United States banking law,
such recognized bank shall take and
hold all the assets, real and personal, OF
such bank organized under this act, sub
feet 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 n transfer.
Sec. 26. National Banks May Reorgan.
ize as State Banks-Any national bank
authorized to dissolve, and which shall
have 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-
aminer, such bank shall be deemed to be
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 liquidated be-
fore such reorgapiZation
Sec. 81. Consolidation of Banks-Con-
sent Necessary-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 and liabilities to such bank
with which 1t is in process OF consoida-
ton, but no consolidation shall be made
without due notice in writing Of such in
t~ention, 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. rs. Voluntary Liquidation-Disso-
lution-Any bank may voluntarily nqui-
full, and upon filing a certified statepnent
with the public examiner setting forth
the fact mat all It's laDlntleS lave DeeH
paid: provided. however, that II any liza
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 the town or county in
which such bank is located, to the cred
itors thereof, OF its intention 10 Iquidate
and II any liabilities remain. unliquidated
subsequent to such publication OF notice,
such bank shall file with the public exam
iner n certified list of the names and last
known addresses of such persons entitled
TO receive payment thereon, and shall de-
posit with the public examiner a sum
sufficient to liuuidate such liabilities, after
liza abilities have been liquidated. The funds
40 received by the public examiner shall
be handled in the manner prescribed for
uaking disposition of unclaimed deposits
mr. dividends in insolvent banks.
ANY corporation transacting a anking
business under this act may be dissolved
by the circuit court OF the county. IN
which its place OF business Is locatea, IN
the following manner: A verified petition
shall be filed in the office OF the clerk OF
aaid court. signed by the president or a
ma tority OF the board of directors, set
ting forth that stockholders representing
two-thirds of the amount of stock OF such
association have adopted a resolution ia
yoring such dissolution, ana directlng the
proceedings to be instituted for that pur-
noss q cony of which resolution shall set
forth that all claims and demands against
s,,ch association have been paid and dis
CHARGED: ard thereupon a notice shall be
puhlished for the time and In the manner
prescrihed by law for service by publ
cation, such notice shall state the name
~ the court in which the petition has been
n nd nIlrnnCa fharnnf