between April 1st and April 15th of each Calendar year, pay a minimum fee of $10.00 for each motor propelled vehicle used by such company for the transportation of persons and if the passenger seating capacity of such vehicle exceeds eight passengers a further fee computed on the basis of fifty cents per passenger for such additional seating capacity shall be paid. For each motor propelled vehicle used by any such company for transporting property for hire every such company shall pay a minimum fee of $10.00 at the time and in the manner aforesaid, and if the rated capacity of any such vehicle exceed three tons, an additional fee computed on the basis of $1.00 for each additional rated ton capacity shall be paid.

For each motor propelled vehicle used by any such company for transporting both persons and property simultaneously, the fee shall be computed on the basis of either tonnage or passenger capacity, and the basis which will yield the greater revenue shall apply.

Provided, that no certificate herein referred to shall be issued except for the full amount of the fee herein provided for regardless of the time of year application for such certificate is made.

In case of emergency or unusual temporary demands for transportation, the fees for additional motor propelled vehicles for limited periods shall be fixed by the Commission in such reasonable amounts as may be prescribed by general rule or temporary order.

All sums collected hereunder shall be turned over by the Commission to the State Treasurer within thirty days after their receipt and by him credited to a special fund to be used by the Commission upon proper voucher and audit by the State Auditing Board for the expenses of said Commission in administering the provisions of this act.

See. 10. Any auto transportation company shall forfeit all rights under a certificate issued under the provisions of this act by non-use thereof for a period of sixty days.

Sec. 11. This act shall not repeal any of the existing law or laws, relating to motor propelled vehicles, their owners or operators, or requiring compliance with any condition for their operation.

Sec. 12. EMERGENCY.) This Act is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval.

Approved March 6th, 1923.

BANKS AND BANKING

CHAPTER 137.

(S. B. No. 267-Majority of Committee on Banks and Banking.)

ADMINISTRATION OF INSOLVENT BANKS.

An Act Declaring an Emergency to exist Affecting the Public Welfare of the State with Respect to the Administration of Insolvent Banks; Providing for the Liquidation Thereof; Vesting the Supreme Court with Jurisdiction of Such Liquidation Proceedings, and Requesting It to Assume Original Jurisdiction in Furtherance of the Public Interest; Creating the Position of Supreme Court Commissioner, Fixing His Compensation, and Defining His Powers and Authority, and Providing for the Appointment of Receivers of Insolvent Banks, and Making an Appropriation to Meet the Expenses Incident to Carrying Out the Purpose of the Act, and Directing the Supreme Court to Exercise its Supervisory Authority over the District Court in Proceedings for Liquidating the Affairs of Insolvent Banks.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

Whereas, there are a large number of insolvent banks in the State, located in many different communities with thousands of depositors and other creditors, within and without the State, the obligations of which banks have remained for a long period of time unpaid, and by reason thereof the credit of the State is being injured, and hardship and injury being inflicted upon thousands of its citizens and citizens of other states, and

Whereas, in the judgement of the Legislative Assembly the ordinary judicial and administrative machinery of the State is insufficient and illy adapted to the successful and expeditious administration of the affairs of such insolvent banks, and their assets are being absorbed and depleted by expenses of administration, without corresponding liquidation of their obligations, and by reason of lack of sufficient legal authority to deal with their assets and administer their affairs, such assets are being appropriated by secured creditors in large amounts beyond the indebtedness secured, and the ordinary creditors are being thereby injured, and the depositors guaranty fund is being depleted and over whelmed with liabilities which it is liable to be unable to discharge, and

Whereas, by reason of the facts a situation of great public interest and concern has been created affecting the people of the state, as a whole, which cannot be properly and sufficiently protected according to the ordinary course of legal proceedings, and the legislature deems it proper for the Supreme Court to assume and exercise its original jurisdiction upon the ground that it is necessary for the protection of public interest, it is hereby enacted as follows:

Sec. 1. The Supreme Court of the State of North Dakota is hereby given, and requested to exercise, original jurisdiction of the insolvency proceedings to liquidate and windup the affairs of all insolvent state banks within the state, at the time of the taking effect of this Act, and all such as may become insolvent during its continuance.

Sec. 2. Immediately upon the taking effect of this Act the State Examiner shall certify to the Attorney General a list of all State Banks in the State now closed as insolvent, whether in the hands of Receivers, the State Examiner's office, or other trustees or agents of the state, together with a concise statement, showing the time of insolvency, the name of the Receiver in charge, and such other information as the State Examiner be lieves will be of importance to the Attorney General.

Sec. 3. Immediately upon receiving such certificate the At torney General shall institute a proceeding in the Supreme Court entitled in the name of the State of North Dakota, for itself, and on behalf of all creditors of such banks, as plaintiffs, against all of said insolvent banks as defendants, for the purpose of declaring them insolvent and winding up their affairs as insolvent banking associations. Such proceedings shall be brought by the filing in the office of the Clerk of the Supreme Court of a complaint reciting briefly the facts as to the insolvency of each of such banks, and the name of the receiver or other officer in charge.

Upon the filing of such complaint the Attorney General shall issue a summons in the usual form of summons issued in actions in the district court of the State, and containing an additional statement to the effect that a Petition charging the bank in question with being insolvent is on file in the office of the Clerk of the Supreme Court, and that unless answer is made thereto within 15 days from such service such complaint will be taken as confessed. Such summons, however, as prepared for service on individual banks need only name as a defendant the particular bank upon which service thereof is to be made, and such service may be made upon any officer of such bank.

Service of such Summons may be made in the same manner as the service of summons in ordinary civil actions is made, and the Sheriff of the County in which the bank to be served is located shall upon request of the Attorney General immediately make service, or cause service thereof to be made, as in ordinary actions, but he shall not be entitled to collect any fees or expenses for making such service, and he shall make return thereof when served to the Attorney General.

Sec. 4. Upon the Service of the Summons as aforesaid the defendant bank shall have fifteen days within which to serve and file an Answer denying insolvency, or any other material fact stated in the Petition and unless within such fifteen days such answer is served and filed the insolvency of such defendant shall be deemed confessed.

Sec. 5. Upon the taking effect of this Act the Supreme Court shall appoint a Court Commissioner who shall have all the qualifications prescribed by law for a Judge of the Supreme Court to whom it may refer any matters committed to the jurisdiction of the Court by this Act, who shall act for and on behalf of the Supreme Court in hearing evidence, finding facts and making orders in any matter arising in connection with the action or actions instituted in such court under the provisions of this Act.

Such commissioner may sit for hearing and determination of any question of law or fact that may arise in such action or actions at any place within the State, and any such hearing may be brought on upon reasonable notice given by the Commissioner to the party in interest of the time and place of such hearing, and in the exercise of the jurisdiction conferred upon him, said Commissioner may permit matters to be brought before him either upon ordinary notice served upon the parties or by order to show cause, according to the practice of the district courts.

Any decision of the Commissioner may be reviewed by the Supreme Court on the motion of any party aggrieved at such times and under such rules as the Court may prescribe, and unless objected to by motion to review as herein provided, the court may deem the decision of the commissioner correct and without notice or application affirm the same.

Any party desiring to have a review of the decision of the Commissioner by the Supreme Court must within three days after the making of the same, if he is present personally or by counsel, or within three days after written notice thereof, if not present, file with the Commissioner a brief written statement of the grounds of his objection and containing the post office address of the party or his attorney upon which notice of hearing shall be served. Such statement shall be filed by the commissioner with the Clerk of the Supreme Court and Notice of the Hearing of Such Motion for review shall be given to the complaining party by letter addressed to him, or his attorney at the place named in such statement. The time of giving notice of such hearing to be fixed by rule or order of the Supreme Court.

Sec. 6. Such commissioner shall be paid out of the general funds of the State the same salary as is paid to Justices of the Supreme Court and may employ such clerical assisstance as shall be allowed by the Court, and shall be reimbursed by the State for all his actual expenses incurred in connection with the performance of his duties to be passed upon by the State Auditing Board as other claims against the State. Such Commissioner shall take the constitutional oath to perform his duties according to the Constitution of the United States and the State of North Dakota.

Sec. 7. The Supreme Court shall make rules and regulations from time to time governing the reference of matters to the commissioner and the exercise of his jurisdiction and powers and the manner and method of reviewing his decisions.

Sec. 8. Upon the filing of the Complaint aforesaid the Court shall appoint a Receiver, or two joint Receivers, of all said insolvent banks, which receiver shall have all the powers and authorities ordinarily possessed and exercised by receivers of insolvent corporations or prescribed by statute and the court shall have all the power and authority with regard to the administration and closing of the affairs of such banks as are ordinarily possessed and exercised by Courts of equity over the affairs of insolvent corporations. If upon a hearing on an issue raised by answer to the complaint, it shall be established that any Bank proceeded against is not insolvent, then the Receiver shall be deemed to have been a temporary receiver, and shall account and be discharged accordingly as to such bank, in all other respects the receiver shall be deemed to be a permanent receiver.

The Receiver so appointed by the Court shall supercede and supplant any receiver theretofore appointed by the banking department, or by any other court, or any examiner or officer of the banking department that may be in charge of any of such banks, but until the receiver appointed under this Act shall take possession of any such bank the receiver, or other officer already in charge, shall continue, and it shall be his duty to protect, conserve and administer its affairs to the best of his ability, and he shall remain liable under his bond for all his acts committed prior to being finally relieved of his trust.

Sec. 9. If during the life of this Act any other banking association shall be deemed insolvent by the authorities vested by law with the right to institute insolvency proceedings against the banks, and such authorities desire to institute such proceedings, they shall make report thereof to the Attorney General, with the necessary facts as to insolvency, and he shall file a complaint such as hereinbefore provided for, as to such other association or associations, as to which it is desired to institute proceedings, joining as many as is desirable in one proceeding; and the same proceedings shall be had thereon as is provided with refer ence to associations already insolvent, and the court shall thereupon in like manner appoint the same receiver, or receivers, for