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souri or the prosecuting attorney of any county or city in which service of process may be had upon the person, firm, association or corporation liable therefor, to institute all suits necessary for the recovery of said sums of money by the state of Missouri. Approved March 22, 1915.

[S. B. 223.]

ATTORNEY-GENERAL, CIRCUIT AND PROSECUTING ATTORNEYS AND COUNTY COUNSELORS: Circuit and Prosecuting Attorneys-Assistant Prosecuting Attorneys to be Paid Monthly.

AN ACT providing for the payment monthly of the salary of all assistant prosecuting attorneys, with an emergency clause.

SECTION

1.

Assistant prosecuting attorneys to be
paid monthly.

SECTION
2. Conflicting acts repealed.
3. Emergency.

Be it enacted by the General Assembly of the State of Missouri, as follows: Section 1. Assistant prosecuting attorneys to be paid monthly. The salary of all assistant prosecuting attorneys in this state, appointed under the provisions of sections 1016 and 1024 of the Revised Statutes of the state of Missouri, 1909, shall be paid by the county treasurer at the end of each month, in equal monthly installments.

Sec. 2. Conflicting acts repealed. All acts or parts of acts contrary to, or in conflict with this act are hereby repealed.

Sec. 3. Emergency.-There being several assistant prosecuting attorneys in this state who require now the financial aid provided by this act, creates an emergency under the Constitution of this state, by reason of which this act shall be in force from and after its passage and approval.

Approved March 23, 1915.

[S. B. 378.]

ATTORNEY-GENERAL, CIRCUIT AND PROSECUTING ATTORNEYS AND COUNTY COUNSELORS: Circuit and Prosecuting Attorneys Contingent Fund for Prosecuting Attorneys in Certain Counties.

AN ACT to provide for a contingent fund for prosecuting attorneys in certain counties of this state, with an emergency clause.

SECTION

1. Contingent fund for prosecuting attorney in certain counties.

SECTION
2. Emergency.

Be it enacted by the General Assembly of the State of Missouri, as follows: Section 1. Contingent fund for prosecuting attorney in certain counties. In all counties of this state which now have or may hereafter have a population of 80,000 inhabitants or more, adjoining a city having a population of 500,000 inhabitants or over, there shall be set aside by the county court of said county of the prosecuting attorneys fees turned into the treasury of said county, a contingent fund for the prosecuting attorney of said county for the payment of the incidental expenses in bringing parties and witnesses from other states or counties and in properly preparing the causes for trial, attend trial on changes of venue, attending at the taking of depositions in printing briefs and appearing before the appellate courts of the state, and general such expenses as he may be put to in the proper and vigorous prosecution of the duties of his office. Such fund shall be paid out as needed to the prosecuting attorney by the county treasurer on an order of the county court out of said funds in the treasury of said county, not exceeding $500.00 in any year upon warrant of the prosecuting attorney, approved and signed by the judge of either division of the circuit court of said county. At the end of each year said treasurer shall pay into the general revenue fund of such county any balance that may be in his hands from fees so collected.

Sec. 2. Emergency. The funds herein provided for being necessary for the immediate use of the prosecuting attorney heretofore named for the prosecution of offenses against the laws of this state, there is created an emergency within the meaning of the Constitution, therefore this act shall take effect and be in force from and after its passage.

Approved March 23, 1915.

[S. B. 418.]

BANKS, TRUST COMPANIES, SAVINGS BANKS AND SAFE DEPOSIT INSTITUTIONS: State Banking DepartmentBanks of Deposit and Discount-Trust Companies.

ARTICLE I-State banking department.

II-Banks.

III-Trust companies.

AN ACT to repeal articles I, II and III of chapter 12 of the Revised Statutes of 1909, relating respectively to "state banking department," "banks of deposit and discount," and trust companies," and to repeal also the following three acts relating to the same subjects, and being all the amendments made to said articles since 1909, to-wit:

1.

2.

3.

Section 1080, page 91, of the session acts of 1911;
Section 1096, page 104, of the session acts of 1911;

Section 1074, page 111, of the session acts of 1913, and to enact in lieu of all thereof new articles entitled respectively "state banking department," "banks" and "trust companies," to be designated respectively as articles I, II and III of said chapter 12, with an emergency clause.

ARTICLE I.

STATE BANKING DEPARTMENT.

SECTION

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SECTION

28.

29.

30.

31.

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Report to attorney-general and action by him in certain cases. When commissioner may take possession of corporation or private banker. Banks, trust companies, etc., prohibited from making assignmentduty when in failing condition. Circumstances under which possession of commissioner may terminate. Commissioner may report delinquencies to attorney-general to procure judgment of dissolutionreports presumptive evidence. Manner and time within which action of commissioner in taking possession may be tested.

Commissioner may permit resumption of business.

Special deputies, assistants, counsel and other employes.

Payment by commissioner of expenses of liquidation.

Procedure of commissioner to obtain possession of pleadings, et cetera, in actions against which attorney's liens are asserted.

On taking possession, commissioner shall notify those holding assetseffect of notification.

Inventory of assets and where filled. Disposition by commissioner of property held by delinquent as bailee, or depositary for hire.

Effect of commissioner's notice to remove upon contract of bailment or of deposit for hire.

Liquidation and conservation of assets compounding debts and compromising certain claims. Deposit of moneys collected-pref

erence.

Commissioner's power to sue, execute instruments, et cetera, for delinquents-actions and proceedings preferred-exemption from filing fees. Notice to creditors to make proof of claims.

Commissioner to list claims duly

presented when and where filed. Objections to claims presented may be filed with commissioner within certain time-procedure upon claim under objection.

Commissioner may accept or reject claims-list of claims accepted to be filed.

Effect of accepting claims-statute of limitations for action upon claims not accepted-necessary allegations.

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Be it enacted by the General Assembly of the State of Missouri, as follows: Sec. 1. Repealing articles I, II and III, chapter 12, R. S. 1909, and certain acts of 1911 and 1913 and enacting three new articles in lieu thereof.-That articles I, II and III of chapter 12 of the Revised Statutes of 1909, and the following three acts, to-wit: 1. Section 1080, page 91, of the session acts of 1911; 2. Section 1096, page 104, of the session acts of 1911;

3. Section 1074, page 111, of the session acts of 1913, be, and the same are, hereby repealed, and in lieu of all thereof there are hereby enacted new articles entitled "state banking department," "banks" and "trust companies," to be designated respectively as articles I, II and III of said chapter 12, as follows:

Sec. 2. State banking department continued.-There is hereby continued in this state a banking department, which shall have charge of the execution of the laws relating to banks, private bankers, trust companies and savings and safe deposit companies, and the banking business in this state. Such department shall be designated as the state banking department, and shall be under the management and control of a chief officer who shall be called the bank commissioner. Said bank commissioner shall reside and maintain his office at the City of Jefferson, and the board of the permanent seat of government is hereby required to provide suitable and convenient office room for said banking department. Sec. 3. Bank commissioner-qualifications-how appointed-deputy appointment, etc. The bank commissioner shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold his office for the term of four years; but the governor shall have power to suspend the commissioner from office whenever, in his opinion, the public interest may require it, or with the advice and consent of the senate, to remove him from office. In case of a suspension of said officer, the governor shall report his action to the senate, if it be in session; if not, then at the next session of the general assembly thereafter, together with the reasons therefor; and if the senate shall concur therein, he shall be removed from office. But if the senate shall, at the same session, fail to concur or to act on the same, said suspension shall thereupon The bank commissioner may appoint a first deputy, a clerk, a stenographer and twelve examiners, and with the consent of the governor in each instance, may employ from time to time such other clerks, examiners, special agents and other employes as he may need to discharge in a proper manner the duties imposed on him by law, and all such appointees shall hold their respective

commissioners-clerk-examiners,

cease.

positions during the pleasure of the commissioner. No person shall be eligible for the office of bank commissioner or deputy, or be appointed examiner without first having had at least three years' actual practical experience in a general banking business, or served for a like period of time in the banking department in this or some other state, and no officer or employe of any bank or trust company, or person interested as owner or holder of stock thereof. and no private banker shall be eligible to the office of bank commissioner, deputy or examiner. If a vacancy shall occur in the office of bank commissioner by death, resignation or otherwise, the same shall be filled by appointment by the governor; and such appointee shall hold the office for the unexpired term. The first deputy commissioner shall possess all powers and perform the duties attached to the office of bank commissioner during a vacancy in such office and during the absence or inability of his principal, and the second deputy shall possess all powers and perform the duties attached to the office of bank commissioner during a vacancy in such office and during the absence or inability of the bank commissioner and of the first deputy commissioner.

Sec. 4. Bank commissioner, deputies, clerk, examiners, etc., to take oath-bond to be given.-The bank commissioner, deputy commissioners, clerk, stenographer and examiners, and all special agents and other employes shall each, before entering upon the discharge of his duties, take and subscribe the oath of office containing the usual provisions, and, in addition, that he will not reveal the condition or affairs of any bank, banker or trust company in this state, or any facts pertaining to same, that may come to his knowledge by virtue of his official position, unless required by law so to do in the discharge of the duties of his said office, and said bank commissioner, deputies and examiners shall . further execute to the state of Missouri a good and sufficient bond, to be approved by the governor and attorney-general, conditioned that he will faithfully and impartially discharge the duties of his office, and pay over to the persons entitled by law to receive it, all moneys coming into his hands by virtue of his office; and any special agent or other employe shall give such bond, approved as aforesaid, as may be required of him by the commissioner. The bank commissioner shall give bond in the sum of twenty-five thousand dollars, the deputy commissioners in the sum of fifteen thousand dollars, and each examiner in the sum of ten thousand dollars, and each such bond, after approval by the governor and attorney-general, as above provided, shall be filed with the secretary of state for safe-keeping. The premiums on such bonds, not to exceed one per centum on the amount thereof, shall be paid out of the state treasury upon vouchers approved and audited by the bank commissioner with warrants drawn on the treasurer by the state auditor upon the state banking department fund.

Sec. 5. Salary of bank commissioner, deputies, clerks and examiners.-The bank commissioner shall receive an annual salary of thirty-five hundred dollars, payable in equal monthly

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