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

days after the notice of assessment shall
II any stakeholder shall fail or neglect
to pay the amount of the assessment
against his stock for ten lays after the
same shall have become so due ana pay
able, the directors OF such bank or trust
company, or, upon their failure to act,
the public may offer said STOCK
for sale, and sell the same at public sale
upon ten days notice to be given by post
ing copies OF such notice OF sale In rive
public places in the town, village or city
where such bank or trust company is To-
Gated. Upon such sale the purchaser
shall forthwith pay the amount OF the
assessment against said stock. The
stock, less the cost and expense OF such
sale. shall be paid to the original owner
of such stock.
III any bank or trust company refuse or
fail for thirty days after written notice
to make good such impairment OF IT'S
capital stock, the public examiner Is
hereby authorized and empowered to take
charge of it's affairs and wind up it's busi-
ness.
Sec. 10. Delinquent: Public Examiner
May Take Observation-Disclosures 1t shall
appear to the public that any
bank or trust company to which this
chapter Is applicable has violated its
charter or any law of the state, or is
conducting its business in an unsafe or
unauthorized manner, or If the capital
stock of any such bank or trust company
Is impaired, or II any such bank or trust
company shall refuse to submit its books,
papers and affairs TO the inspection of
any examiner, or IL any officer thereof
shall refuse to be examined upon oath
touching the affairs of any such bank or
trust company. or II any such bank or
trust ompany shall suspend or refuse
to make payment of its obligations, or IL
from any examination or report provided
for by this statute, the public examiner
bank or trust company is in an unsound
or unsafe condition 10 transact the bust
ness for which IL is organized, or that IL
is unsafe n ineXpedient for II to con-
tinue business, or IL any such bank or
trust company shall neglect or refuse TO
observe an order of the public
public examiner may forthwith take pos
session of the property and business Of
such bank or trust company and retain
such possession until such bank or trust
company shall resume business, or Its af-
fairs be finally lquidated, as herein pro-
vided.
Whenever any bank refuses or neglects
to deliver possession OF its affairs, as
sets or property of whatever nature. to
the public examiner, or to the person
ordered or appointed to take charge Of
to the provisions OF this act, the public
examiner shall communicate the facts to
the attorney general, or to the states at
torney of the county wherein such bank
or trust company Is located, who shall
hereupon cause an application to be made
TO the circuit court or to any judge there
OF, having jurisdiction of the same, for
an order placing the public examiner, or
the person ordered or appointed by him
to take charge of such bank or trust COM
pany, In charge of such bank or trust
company and it's affairs and property;
providing, that II the Judge of the circuit
court having Jurisdiction of the same,
shall be absent therefrom at the time
such application Is to be made, then. and
in that case, any judge Of the supreme
court may grant such order, and the
petition and order OF possession shall be
forthwith transmitted to the clerk of the
circuit court OF the county in which such
Sec. II. Injunction Proceedings.l
Whenever such bank or trust company
lie examiner has taken possession, as
aforesaid, deems itself aggrieved there
by II may, at any time within ten days
after such taking possession, apply to the
circuit court for the county In which
such bank or trust company is located
to enjoin further proceedings; the said
court after citing the public examiner
to show cause why further proceedings
should not be enjoined and hearing the
allegations and proofs OF the parties and
determining the facts, may pom the
the public examiner from further pro-
ceedings, and direct him to surrender
such business n property to such bank
or trust company.
All proceedings by any bank or trust
company to enJoin the public examiner
in the discharge of his duty shall be had
in the county where said bank or trust
company is located or In the supreme
Sec. 10. Notice-Effect off, On taking
possession of the property and business
public examiner shall forthwith give
notice Of such fact by letter or telegram
to any and all banks or trust companies
holding or in possession Of any assets of
any bank or trust company. No bank or
trust company knowing of such taking
possession by the public examiner, or
notified as aforesaid, shall have a lien or
charge for any payment, advance, or
clearance thereafter made, or liability
thereafter incurred, against any of the
assets of the bank or trust company. OF
whose property and business the public
examiner hall have taken possession as
aforesaid.
Sec. 10. Resume Business.l Such bank
or trust company may upon repayment
OF any money advanced by the Depositors'
Guaranty Fund to such bank or trust COM
ANY, with the consent OF the public ex-
amlner, resume business upon such con-.
ditions as may be approved by him.
Sec. IA. Supervision-Liquidation-De
posit Of Funds-Preference. Upon taxi
ing possession Of the property and bust
public examiner is authorized to collect
all moneys due to such bar or trust COM
pany, and to do such other acts as are
necessary to conserve its assets and bust
ness, and shall proceed to liquidate the
affairs thereof as provided in this act.
The public examiner shall collect all
debts due and claims belonging to it,
and may upon order of the circuit court,
after having made application therefor,
sell or compound all bad or doubtful
debts, and on like order may sell all or
any of the real and personal property of
such bank or trust company on such
terms as the court shall direct, provided,
All sales shall be made on competitive
bids after advertisement for ten days in
the official papers in the county In
which the property Is located
The moneys collected by the public ex-
aminer shall be, from time to time. de-
posted In one or more state banks or
trust companies, and In case OF the sus-
pension or insolvency OF the depository,
such deposits shall AVE preference over
all other deposits.
Sec. Is. Examiners In Charge-As-
sistants-Appointment.1 h public ex-
aminer may. under his hand and official
charge, as agent or agents to assist him
n the duty Of liquidation and distribution;
the certificte of appointment to be filed
In the office of the public examiner, and
a certified copy in the office of the clerk
Of the circuit court for the county In
which such bank or trust company Is To-
Gated. The public examiner may from
to perform such duties connected with
such. liquidation and distribution ~ he
may deem proper. The public examiner
may employ such counsel and procure
such expert assistance and advice as may
be necessary IN the liquidation and dis
trihution of the assets OF such bank or
trust company. and may retain such Of
company as he may deem necessary. The
public examiner shah require from such
examiners in charge, special examiners.
counBo and assistants, Duoh security for