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

holder or in any manner interested in
q bank " trust company. The salaries
Of the public examiner, deputy. attorney,
examiners, special examiners and clerks
shall be paid rronthly 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 deputys,
attorneys, examlners', 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 and
certified to the state auditor. III lowed
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 by the constitution, and eacn snail
company bond, 10 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,
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" I'm the form OF a circle, and the
word Seal within the circle.
Sec. 8. Powers Conferred on the Pub
lie Examiner.l It shall be the duty OF
the public examiner, and he shall have
he power by himself, his deputy, or by any
he may appoint for that pur-
pose, 10 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 it's business
at the place designated in the articles OF
Incorporation, and whether its business is
conducted In the manner prescribed by
aw.
For such purposes, he may issue sub
poenas requiring the attendance 9t such
time and place as he may designate, OF
any witnesses he may deem necessary TO
a 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 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 will 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-
ness and such fee and mileage shall be a
proper charge against the assets of such
Institution, payable thorefrom Immediate
b, upon the order OF the examiner;
The public examiner shall examine or
cause to be examined, any bank or trust
company, when requested 50 to do by the
board of directors of such bank or trust
company and when an examination Is
mad upon such request. In addition to
the regular fee prescribed. such bank or
trust ompan shall q all Incidental
expenses In connection Herewith.
Sec. 6. Fees for -Examlnation.l Each
and every bank and trust company shall
pay a fee In the amount of one o%ne-hun-
amount OF the assets Of such bank or
trust company, for each and every regular
examination. Provided, that the
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
make more han two examinations neoes-
sary 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 fee; and, provided further; that
banks located off a line of railroad shall
pay for each and every regular
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
81. - AA~I Aa Sffo nDlna nv
may open for business. a fee OF twenty
five dollars shall be paid, n In case
such bank or trust company Is located off
twenty cents for each mile such bank or
trust company Is distant from the nearest
railway station.
Following each examination. the public
spust cemp snnn examined. rsnSnn 10 ! 'n BIN G for SUCH cn
fee, which fee shall be at once paid to
the public examiner who shall issue a
r receipt y shai IP' be- delivered iresd' to Oh" the bank
duplicate receipt shall be forwarded to
the stats ssI trs 3. s,sd and N "a, the d tTrtiPlica ~ Re, Re,
public examiner. II such fee , 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 Of
Sec. I. Record OF Fees.1 II shall be
the duty OF the public examiner to keep a
record OF all fees collected by him or his
deputy. together with q 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
to the state treasurer. all fees collected
during the preceding month, and he shah
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 ~ q witness in any
procsedings In q court Of justice. II
public examiner, his deputy, attorney, ex-
aminers, special examiners. examiners In
charge, - clerks in such department,
shall disclose the name OF any debtor OF
any bank Or trust company, or shall dis
his examination OF any bank or trust
company except a. herein provided, HI
shall be subject. upon conviction thereof,
to a forfeiture Of his office and to the
payment Of q fine Of not less h one
hundred dollar nor more than one thou
cane dollars. or Imprisonment In the state
prison not less than six months nor more
than two years or 70 both such fine and
Imprisonment. in the discretion OF the
Sec. {. when Capital Impaired, Duty of