Montana Attorney General Opinion 15-582

Opinion No. 582 Banks and Bankin~-Closed Banks in Receiver's Hands-Examination. Expenses of-Superintend'ent of Banks. HELD: The Superintendent of Ranks is entitled to traYeling expenses. hotel bills and per diem for the time actually spent by him in the examination. hy order of court, of a closed bank. July 30, 1934. You ha\'e submitted the Question whether the Superintendent of Rankf.; is entitled to receiye compensation for examining a closer! hank in the hanr!~ of a receiver appointed by the Distriet Court. the examination of said closed hank by the Superintendent of Banks having been ordered by the .Judge of the District Court. Chapter 88, Laws of 1923. amending Section 6080, R. C. M., 1921, provides: "'Section 6080. The expenses of traveling, hotel bills. and time ac- tually spent by the office of the Sup- erintendent of Banks in perfonllance of the duties imposed h)' Section 6079. shall be paid in full by the bank to the State Treasurer for the credit of the Current Departmental Appropria- tion,' and that the title of the bill be amended to include Section 6080 of the Revised Codes of :\iontana, 1921." In view of the provisions of this Sec- tion, I am of the opinion that the Su- perintendent of Banks is entitled to traYeling expenses, hotel bill, and per (liem for the time actually spent by him in the examination of said closed bank. While there may be some ques- tion as to the legality of the amend- ment on account of the defect in the title of the Act, yet the substance of the Act as amended is not materially different from the original act.