Page:Revised Codes of the State of North Dakota 1895.pdf/130

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§§ 139-142
POLITICAL CODE.
Executive Department.

and the governor may cause the result of such examination to be published, or at his discretion to take such action for the public securities as the exigencies demand, and if in his opinion the public interest requires it, he may suspend any such officer from further performance of duty, until examination is had, or such security obtained as may be demanded for the protection of the public funds.

§ 140. Fiscal affairs of counties. It shall be his duty at the request of the county commissioners of any county in this state to examine and audit, compare and correct any books, records, papers, securities or other documents necessary to be had in any pending settlement of the fiscal affairs, or any necessary correction of the records of any county in this state. He shall have free access to all books, papers, records or other documents of any county in the state, found or deemed to be necessary, and is hereby empowered to take the records of any one county in this state to any other county in this state, when in his judgment it is deemed necessary, to compare and correct the same. And all county officers in this state are hereby required and enjoined to assist said state examiner in the discharge of his duties in all things which he may require of them as such county officer.

§ 141. Examination of banks. It shall be his duty to visit once in each year without previous notice each of the banks, banking corporations and savings banks incorporated under the laws of this state, insurance, annuity, safe deposit, loan or trust companies and other moneyed corporations and thoroughly examine into their affairs and ascertain their financial condition. It shall be the duty of such examiner to inspect carefully and verify the validity and amount of the securities held by such institutions, examine into the validity of the mortgages held by savings institutions, and see that the same are duly recorded, and ascertain the amount of any discount or other banking transaction which he may deem foreign to the legitimate and lawful purposes of savings institutions. He shall inquire into and report any neglect or infringement of the laws governing such banking, annuity, safe deposit, trust companies, moneyed and savings institutions, and for such purposes shall have power to examine the officers, agents and employees thereof and all persons doing business therewith. He shall forth with report the condition of such corporation so ascertained to the governor, together with his recommendations or suggestions respecting the same, and the governor may cause the same to be published, or in his discretion take such action as the exigencies may seem to demand.

§ 142. Public officers to aid examiner. All officers of the state and counties of the state and all officers and employees of banking and other institutions mentioned in this act must afford all reasonable facilities for the investigations provided for in this act, and all such officers, managers and employees must make return and exhibit to the examiner under oath in such form and in such manner as he may prescribe, and each and every person so required who shall refuse and neglect to make such return or exhibit, or to make or to give such information as may be required by said examiner, shall be deemed guilty of felony; and if any person in making such exhibit or giving such information or affording any statement required under this act, on his oath, shall knowingly swear falsely concerning the same, he shall be deemed guilty of perjury and punished accordingly.