The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1916-11-02

examiners, special examiners and clerks
shall be paid monthly by the state, out
Of the General Fund of the state, except
the salaries OF clerks which shall be paid
from the public examiners Contingent
Fund, pcn vouchers counterSlgned " the
state auditor. Vouchers for the deputys,
attorney, examiners, special eXamtn-
ers', and clerks salaries must first be
approved by the public examiner.
All actual and necessary expenses or
said pubic examiner, deputy, attorney,
examiners, special examiners, or clerks,
incurred IN the discharge OF their dutlcs,
shall be paid by the state and shall be
fully itomized upon proper vouchers and
certified to the state auditor. II allowed,
the state auditor shall issue his warrant
and the State Urea surer shall pay the
amount Of such expenses out OF he pubIlc
examiners Contingent Fund.
Within fifteen days from the notice
of their appointment respectively, the
public examiner, deputy, attorney, eN-
sminers and special examiners ShaiI take
and subscribe the oath OF Once 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-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 to be paid out Of the public eX-
amiuer's Contingent Fund. Said oaths OF
office and bonds to be filed with the sec
rotary Of state.
Sec, 4, seal-The public examiner
shall have "a seal Of the office containing
the words Public Examiner OF south
Dakota" in the form Of a circle, and the
word Seal within the circle.
Sec. 5. Powers Conferred on the Pub
lie Examiner. II shall be the duty Of
the public examiner, and he shall have.
he power by himself, his deputy, or by any
examiner he may appoint Tor th3t puT-
pose, to examine at least twice In each
year, the cash, bills, collateral, securities,
books of account, condition, and affairs or
each bank and trust company doing hu7i~
ness I'm this state, except national banks,
and shall ascertain whether such pAuE
or trust ompany trausactE Its business
mt the place designated ia the articles or
incorporation, and whether It's business is
conducted In the manner prescribed by
law.
For such purposes, he may Issue sub
pocnas requiring the attendance 81 Such
time and place as he may designate, or
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 of
sucn institutions; and may require for his
inspection the production or 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 I'm accordance with the above pro-
visions, such refusal shall at once be re-
ported to the circuit court or tina 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 or
two dollars per day and five cents per
mile for each mile actually and neCessa-
Yily travelled, shall be paid to each wit
ness and such fec and mileage shall be Il
proper charge against the assets OF such
institution, payable thorefrom immediate
l, 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. g. 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
amount of the assets OF such bank or
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 II 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-
sary or advisable In any one year, then the
expense I'm connection with such special
examination shall also be paid by such
bank or trust company In addition to the
regular Its. anu. PIoNlutH " liC Pc nav
banks located off n line of railroad shall
pay for each and every regular examine
ton, 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
may open for business. n fee OF twenty
five dollars shall be paid, and In case
such bank or trust company is located off
= line of railroad. an additional fee 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
Zee, which fee shall be at once paid to
the public examiner who shall issue q
receipt 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
the state treasurer, and the triplicate re-
osipt shall be filed s In the 70. ot shos o 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
ten per cent. per annum from the date or
such examination.
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 Zach month pay over
to 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. 8. Not to Disclose Information. ]
The public examiner. his deputy, at
torneys, 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-
nation 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 and
except when called as a witness in any
proceedings In a court Of justice. II any
public examiner, his deputy, attorney, ex-
aminers. special examiners. examiners In
charge. or clerks In such department.
hall 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 As herein provided, he
hall be subject. upon conviction thereof,
TO a forfeiture Of his office and to the
payment Of a fine Of not less than one
hundred dollars nor moro 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