The accused, Alfred B. Jaynes, was admitted to the practice of law in this state on June 22, 1922. On the *428

The facts as found toy the referee and as now presented to this court are similar to the facts disclosed in the opinion filed in the case of In re Byrne, 63 S. D. 638, 262 N. W. 236. No one except Alfred B. Jaynes, himself, has suffered any material loss because of his misconduct. We quote from the Byrne opinion: “This proceeding is not for the purpose of punishing the defendant, tout to determine whether he is at present a person fitted in character to be an attorney. * * * We are convinced that the defendant deserves severe censure for committing the act which he has now admitted, blit we further believe from this record that the defendant, perhaps due partly to the institution of these proceedings, will in the future conduct himself in a manner not subject to censure.”

It is our judgment that the' above named, Alfred B. Jaynes, is subject to the censure of this court for his misconduct; that he pay the costs of these proceedings, including the cost of reference; and that he file with the clerk of this court within thirty days after this opinion is filed, evidence of the payment of all costs as disclosed by the record of the clerk.