be organized after the public depositories shall have been designated for the ensuing two (2) years as provided in section 17 of this act, and if such bank or trust company shall file written proposals with any board of finance to receive public funds on deposit, and shall in all respects comply with the requirements of this act relative to public. depositories, it shall be the duty of the proper board of finance to designate such bank or trust company a public depository in the same manner and entitled to the same rights and privileges and subject to the same restrictions as though such bank or trust company had been designated a public depository and awarded a deposit of public funds at the regular biennial awarding of deposits and designating of public depositories as provided in section 17 of this act.

This section amends section 7542 Revision of 1914.

See section 7538 Revision of 1914.

Depositories for township funds must be located within the township if there be any institutions within the township that are able and willing to comply with the law regulating public depositories. First Nat. Bank v. Board of Finance, 178 Ind. 605, 99 N. E. 979.

7545. Daily deposits, embezzlement, penalties.

The money deposited in public depositories daily by county treasurers, and the interest accruing thereon, belong to the various funds and governmental agencies for which the taxes and funds were collected. State ex rel. v. Swanson, 182 Ind. 582, 107 N. E. 275.

[Acts 1915, p. 138. In force April 26, 1915.]

7546a. Department established, state examiner, deputies.-1. That there is hereby created and established a department of inspection and supervision of public offices. The principal officer of said department shall be known as state examiner, who shall be appointed by the governor, within ten days from the time this amendment becomes effective, and who shall hold office for a term of four years from the date of such appointment. His successor shall be appointed for a term of four years. The state examiner shall receive an annual salary of four thousand dollars, and shall be a skilled accountant. There shall also be appointed by the governor two deputy examiners who shall have like qualifications as the state examiner, and who shall be of different political parties, and each deputy examiner shall receive an annual salary of three thousand dollars, and such deputy examiners shall be subordinate to the state examiner. One of such deputy examiners shall be appointed for two years and the other two for four years, and their successors shall be appointed for four years. The state examiner and the deputy examiners shall be subject to removal by the governor for incompetency or for misconduct of the office, after a hearing upon due notice and upon stated charges in writing. An appeal may be taken by the officer affected, from the action of the governor in removing him, to the circuit or superior courts of Marion county. The clerk of said department shall be appointed by the state examiner, and shall be responsible to the state examiner, and shall receive an annual salary of two thousand dollars. Said salaries provided by this section shall be paid monthly out of any moneys of the state not otherwise appropriated. The department of inspection and supervision of public offices shall be provided with suitable quarters in the state house. This act amends section 7546a of the Revised Statutes of 1914.

7546y.

[Acts 1911, p. 195. In force March 3, 1911.] Examiner reports, transmission to attorney-general.

7546z. Prosecutions by whom conducted.

7546a1. Prosecuting attorney, duties.

7546b1. Plaintiffs, in prosecutions, judgment.

7546c1. Pending actions, prosecutor's duties.

These sections, 7546y to 7546c1 inclusive, Revision of 1914, are repealed by section 7, Acts 1917, p. 347, in force May 31, 1917. See section 7546p1.

[Acts 1913, p. 689. In force March 14, 1913.]

7546d1. Prosecutor's fees.

This section Revision of 1914, is repealed by section 7, Acts 1917, p. 347, in force May 31, 1917. See section 7546p1.

[Acts 1911, p. 195. In force March 3, 1911.]

7546e1. Compromise, power, consent.

7546f1. Findings of examiners, when made public.

7546g1. Evidence on trial, questions in issue.

7546i1. Appeal, duties of attorney-general.

These sections, 7546e1 to 7546i1 inclusive, Revision of 1914, are repealed by section 7, Acts 1917, p. 347, in force May 31, 1917. See section 7546p1.

[Acts 1917, p. 347. In force May 31, 1917.]

7546j1. Report of examiner, filing copies, public record.-1. That from and after the taking effect of this act, whenever an examination shall have been made under the authority of the state board of accounts of the State of Indiana, of, by or under the authority of the state examiner, deputy examiners, or field examiners, now provided by law, a report of such examination shall be made, signed and verified in quadruplicate by the officers making such examination, and said quadruplicate reports shall immediately be filed with the state examiner, and after inspection thereof the state examiner shall immediately file one copy thereof with the officer or institution examined, and one copy with the auditing department of the state, or of the municipality examined and reported upon, and said report shall thereupon immediately become a part of the public records of the office of the state examiner, of the office or institution examined, and of the auditing department of the state or of the municipality examined and reported upon, and at all times thereafter shall be open to public inspection: Provided, however, That on special order executed in writing by the

governor of the State of Indiana, any specified report or reports shall be retained in the custody of the state examiner, and withheld from publicity for such time as may to the state board of accounts appear necessary. If any such examination discloses malfeasance, misfeasance, or nonfeasance in office or of any officer, or employe, a copy of such report so made, signed, and verified shall be placed by the state examiner with the governor, and the governor shall transmit the same to the attorney-general, and the attorney-general thereupon shall diligently institute and prosecute such civil proceedings against such delinquent officer, or upon his official bond, or both, and against any other proper person, as will carry into effect the findings resulting from such examination, and secure to the state or to the proper municipality the recovery of any funds misappropriated, diverted or unaccounted for.

It shall be unlawful for any deputy examiner or field examiner, before the same shall be made public as herein provided, to make any disclosure of the result of any examination of any public account excepting as he shall make the same to the state examiner, or as he shall be directed to give publicity to any such matter by the state examiner or by any court. In case such report shall show or disclose the commission of a crime or crimes by any person, or persons, it shall be the duty of the state examiner to cause the same to be transmitted and presented to the grand jury of the county in which said crime or crimes were committed, at their first session after the making of such report, and at such subsequent sessions as may be required, and it shall be the duty of the state examiner to furnish said grand jury any and all evidence at his command necessary in the investigation and prosecution thereof.

7546k1. Duty of prosecutor, docket fee.-2. Upon the written request of the attorney-general the prosecuting attorney of the circuit having jurisdiction of such action shall appear with the attorneygeneral in any and all causes begun by the attorney-general for the recovery of moneys or for whatever purposes growing out of such examination or report, and said prosecuting attorney shall obey and comply with all directions and orders of the attorney-general relating to the prosecution of such suit or suits, and in each case where the prosecuting attorney does so appear a docket fee of twenty-five ($25.00) dollars for his use and benefit shall be taxed as costs in said cause and shall be recovered as a part of the judgment rendered therein,

754611. Authority of attorney-general, duty of examiner, per diem. -3. The attorney-general by and with the consent of the state ex

aminer and the deputy examiners, shall have power to compromise and adjust any action brought by him as required in this act. In all cases where any money comes into his hands he shall immediately pay the same into the treasury of the state or of the municipality to which it belongs, and shall cause the same to be distributed among the proper funds. The attorney-general may, in his discretion, and upon the order of the governor shall, appeal any such causes to the appellate and supreme courts, or both, as the case may be.

It shall be the duty of the state examiner and of the field examiners making any such report to use reasonable diligence in the making of investigations and in furnishing and securing evidence in connection with the prosecution of suits brought on such reports, when and as requested by the attorney-general, and reasonable per diem and expenses incurred therein shall be paid in the amount and in the manner now provided by law in case of examinations.

7546m1. State or subdivision as plaintiff.-4. Any action brought by the attorney-general as provided in this act may be brought in the name, as plaintiff, of the State of Indiana or such municipality, or subdivision of the State of Indiana as it may appear is entitled to recover moneys or to secure other relief under such action. If the action is brought on an official bond or official bonds, the cause may be brought in the name of the State of Indiana on the relation of such plaintiff. In an action against a township trustee, or ex-township trustee, or upon his official bond, both the civil and school corporations may be named as plaintiff or relator in the same action, and recovery may be had for the aggregate amount due both corporations, but the court or jury trying the case shall in the finding or verdict state the amount due each corporation. In an action where a board of commissioners is plaintiff or relator, the plaintiff shall be entitled to recover against the delinquent officer or ex-officer, or upon his official bond, or bonds, all such amounts as would be recoverable under all the laws of this state, including this act, in any or all actions by or upon the relation of the board of commissioners, or by or upon the relation of any county officer or other person authorized to sue for whatever funds or for any funds of which it is the custodian, and with which it is chargeable, and in case any of the funds so recovered are school funds, the court or jury trying the case shall find and state the amount thereof. In any action brought under this act the plaintiff shall be entitled to recover in addition to the amount misappropriated, diverted, or unaccounted for, all such penalties and interest as might be recoverable under laws other than this act. The term municipality as used in this. act shall be construed to extend to, include and mean any county,