CHAPTER VI.

ACTS OF A GENERAL NATURE AND SECTIONS OF THE REVISED STAT UTES, NOT INCLUDED IN THE NATIONAL BANK ACT, AFFECTING NATIONAL BANKS.

194. District attorney to conduct suits | 199–209. Tax on State bank circulation.

when United States is a party. | 210-211. Tax on United States and na195. Jurisdiction of circuit court to en

tional bank notes. join Comptroller.

212. Restrictions on notes less 196. Where such proceedings must be

than one dollar. brought.

213-223. Legal tender. 197. Sealed certificates of Comptroller 224–229. Government depositaries. competent evidence.

230-239. Forgeries, frauds, etc. 198. Certified copy of organization cer- 240-253. Currency act March 14, 1900. tificate as evidence.

254-257. Act March 4, 1907.

Act Feb. 25,

c. 58,

13

ALL SUITS UNDER BANKING LAW IN WHICH THE

UNITED STATES OR ANY OF ITS OFFICERS OR
AGENTS ARE PARTIES TO BE CONDUCTED BY DIS-
TRICT ATTORNEYS UNDER THE SUPERVISION OF

THE SOLICITOR OF THE TREASURY. 194. Sec. 380.--All suits and proceedings arising out of the provisions of law governing national banking asso-sec: 55: 12

1863, ciations, in which the United States or any of its officers Stat. L. 680.

3, or agents shall be parties, shall be conducted by the dis-1861, c. 108 trict attorneys of the several districts under the direction Stat: 1,4116. and supervision of the Solicitor of the Treasury.

NOTE.—The United States Supreme Court decided in the case of Gibson v. Peters (150 U. S., 342) that a district attorney could not receive any compensation for services in conducting a suit arising out of the provisions of the national banking laws in which the United States or any of its officers or agents are parties. JURISDICTION OF CIRCUIT COURTS TO ENJOIN COMP

TROLLER. 195. Sec. 629 [as amended 1875].—The circuit courts shall have original jurisdiction of all suits brought by sees! 5.6

. any banking association established in the district for 13. stat. which the court is held, under the provisions of Title Act Feb. 18,

THE NATIONAL BANKS,” to enjoin the Comptroller of size, £.89 3.18 the Currency, or any receiver acting under his direction, as provided by said Title.

NOTE.—Proceedings to enjoin Comptroller authorized by section 5237. WHERE SUCH PROCEEDINGS MUST BE BROUGHT.

196. Sec. 736.-All proceedings by any national bank- Act June 3, ing association to enjoin the Comptroller of the Cur-1864, 106 ,

50, 57; rency, under the provisions of any law relating to national 13 L., banking associations, shall be had in the district where 115, 116. such association is located. 880200_11-46

81

Act June 3,

106, 57; L.,

66

Stat.

SEALED CERTIFICATES OF COMPTROLLER COMPETENT

EVIDENCE. Act June 3, 197. Sec. 884.-Every certificate, assignment, and con1864, C. sec 2; 13 veyance executed by the Comptroller of the Currency, in Stat. L., 100. pursuance of law, and sealed with his seal of office, shall

be received in evidence in all places and courts; and all
copies of papers in his office, certified by him and authen-
ticated by the said seal, shall in all cases be evidence
equally with the originals. An impression of such seal
directly on the paper shall be as valid as if made on wax
or wafer.
CERTIFIED COPY OF ORGANIZATION CERTIFICATE AS

EVIDENCE.

198. Sec. 885.—Copies of the organization certificate of 1864, sec! 8; 19; any national banking association, duly certified by the Stat. L., 101. Comptroller of the Currency, and authenticated by his

seal of office, shall be evidence in all courts and places within the jurisdiction of the United States of the existence of the association, and of every matter which could be proved by the production of the original certificate.

Act June 3,

TAX ON STATE BANK CIRCULATION.

199. 3408. Tax on circulation.
200. 3411. Circulation ; when exempted

from tax.
201. 3412, 3413. Superseded by act

February 8, 1875. 202. Act February 8, 1875. Tax on cir

culation of banks other than

national.
203. Act February 8, 1875. Tax on

notes of State banks, munici-
pal corporations, etc.

204. Act February 8, 1875. Banks' re

turns, payment of tax, pen

alties. 205. 3414. Semiannual return by banks. 206. 3415. Failure to make return.

Commissioner to estimate. 207. 3416. State banks converted into

national banks. Returns;

how made. 208. 3417. Tax provisions restricted. 209. Act March 1, 1879. Taxes on in

solvent banks.

13

Stat.

*

*

9;

14

17

Stat. 625.

TAX ON CIRCULATION. Act June 30, 199. Sec. 3408.—There shall be levied, collected and 1864, sec. 110;

L.; paid, as hereafter provided. 277.

First. Act July 13, 1866, sec.

Second. Stat. L., Third. A tax of one-twelfth of one per centum each 137, 146.

Act June 6, month upon the average amount of circulation issued by 1872, sec. 37 ;

any bank, association, corporation, company or person, L.,

including as circulation all certified checks and all notes and other obligations calculated or intended to circulate or to be used as money, but not including that in the vault of the bank, or redeemed and on deposit for said bank; and an additional tax of one-sixth of one per centum each month upon the average amount of such circulation, issued as aforesaid, beyond the amount of ninety per centum of the capital of any such bank, association, corporation, company, or person.

In the case of banks with branches, the tax herein provided shall be assessed upon the circulation of each branch

36,

severally, and the amount of capital of each branch shall
be considered to be the amount allotted to it.

NOTE.-The first and second clauses in this section related to
taxes on deposits and capital stock and were repealed by act of
March 3, 1883.
CIRCULATION WHEN EXEMPTED FROM TAX.

200. Sec. 3411.—Whenever the outstanding circulation, Act Mar. 3. of any bank, association, corporation, company, or person sec! 17; 13 is reduced to an amount not exceeding five per centum of Stat. L.186. the chartered or declared capital existing at the time the 1866, S. 184. , same was issued, said circulation shall be free from taxa- Stat. L., 146. tion; and whenever any bank which has ceased to issue notes for circulation deposits in the Treasury of the United States, in lawful money, the amount of its outstanding circulation, to be redeemed at par, under such regulations as the Secretary of the Treasury shall prescribe, it shall be exempt from any tax upon such circulation.

201. Secs. 3412, 3413. Superseded by act February 8, 1875. TAX ON CIRCULATION OF BANKS OTHER THAN NATIONAL

BANKS. ACT FEBRUARY 8, 1875. 202. Sec. 19.--That every person, firm, association, Act Feb. other than national-bank associations, and every corpora-sec. 19; 18 tion, State bank, or State banking association shall pay a Stat. L., 311. tax ten per centum on the amount of their own notes used for circulation and paid out by them. TAX ON NOTES OF STATE BANKS, MUNICIPAL CORPORA

TIONS, ETC., USED AS CIRCULATION AND PAID OUT

BY BANKS. ACT FEBRUARY 8, 1875. 203. Sec. 20. — That every such person, firm, association, 184. Feb: 38 corporation, State bank, or State banking association, and sec? also every national banking association, shall pay a like Stat. L., 311. tax of ten per centum on the amount of notes of any person, firm, association other than a national banking association, or of any corporation, State bank, or State banking association, or of any town, city, or municipal corporation, used for circulation and paid out by them. BANKS' RETURNS; PAYMENT OF TAX PENALTIES. ACT

FEBRUARY 8, 1875. 204. Sec. 21.—That the amount of such circulating 1846. dece. b219; notes, and of the tax due thereon, shall be returned, and 18. stat. 2. the tax paid at the same time, and in the same manner, and with like penalties for failure to return and pay the same, as provided by law for the return and payment of taxes on deposits, capital, and circulation imposed by the existing provisions of internal-revenue law. SEMIANNUAL RETURN BY BANKS.

205. Sec. 3414.-A true and complete return of the Act June 30, monthly amount of circulation [of deposits, and of capi- sec. ' 110 ; 13 tal], as aforesaid, and of the monthly amount of notes of Stat. I, 278

Act July 13, persons, town, city, or municipal corporations, State 1866, banks, or State banking associations paid out as aforesaid stat. L., 147.

20; 18

311.

1872,

That

Act June 30,

Act Mar. 26, for the previous six months, shall be made and rendered in 2; 15 Stat L., duplicate on the first day of December and the first day 6. Act June 6,

of June, by each of such banks, associations, corporations, 1872, 3. 315, companies, or persons, with a declaration annexed thereto, stat. 1.. 256. under the oath of such person, or of the president or

Act Dec. 24, cashier of such bank, association, corporation, or comStat: 1.5 403. * pany, in such form and manner as may be prescribed by

the Commissioner of Internal Revenue, that the same contains a true and faithful statement of the amounts subject to tax, as aforesaid; and one copy shall be transmitted to the collector of the district in which any such bank, association, corporation, or company is situated, or in which such person has his place of business, and one copy to the Commissioner of Internal Revenue.

NOTE.—Italicized words repealed by act March 3, 1883. the taxes herein specified imposed by the laws now in force be, and the same are hereby, repealed, as hereinafter provided, namely: On capital and deposits of banks, bankers, and national banking associations, except such taxes as are now due and payable.” FAILURE TO MAKE RETURN. COMMISSIONER TO ESTI.

MATE.

206. Sec. 3415.—In default of the returns provided in 1864, c. stat. L... 278. capital], and notes of persons, town, city, and municipal bec. 140; -13 the preceding section, the amount of circulation [deposit, 1866, S. 184, corporations, State banks, and State banking associations Stat: L. 146. * paid out, as aforesaid, shall be estimated by the CommisAct Dec. 24. sioner of Internal Revenue, upon the best information he

11 can obtain. And for any refusal or neglect to make Stat. L., 402. return and payment any such bank, association, corpora

tion, company, or person so in default shall pay a penalty
of two hundred dollars, besides the additional penalty and
forfeitures provided in other cases.

NOTE.—See note under preceding section.
STATE BANKS CONVERTED INTO NATIONAL BANKS; RE-

TURNS, HOW MADE.

207. Sec. 3416.-Whenever any State bank or banking seo! 14; 13 association has been converted into a national banking Stat. L 1863. association, and such national banking association has as

184 sumed the liabilities of such State bank or banking assoStat: L., 146.* ciation, including the redemption of its bills, by any

agreement or understanding whatever with the represent-
atives of such State bank or banking association, such
national banking association shall be held to make the
required return and payment on the circulation outstand-
ing, so long as such circulation shall exceed five per
centum of the capital before such conversion of such State
bank or banking association.
TAX PROVISIONS RESTRICTED.

208. Sec. 3417 [as amended 1875) - The provisions of 1864, C. sec. ' 110; 13 this chapter relating to the tax on the [deposits, capital,

act July 13, and] circulation of banks and to their returns, except as 1866, 184contained in sections thirty-four hundred and ten, thirtyStat. L., 146. * four hundred and eleven, thirty-four hundred and twelve,

1872, 8ec.

2;

Act Mar. 3, 1865, c. 78,

1866,

c.
9;

Act June 30,

173,

22; 2C

thirty-four hundred and thirteen, and thirty-four hun- Act Feb. 18 dred and sixteen, and such parts of sections thirty-four Stat. 2., 319. hundred and fourteen and thirty-four hundred and fifteen as relate to the tax of ten per centum on certain notes, shall not apply to associations which are taxed under and by virtue of Title “ NATIONAL BANKS.”

NOTE.-See note under section 3414 stating that taxes on deposits and capital were repealed by act March 3, 1883. TAXES ON INSOLVENT BANKS. ACT MARCH 1, 1879. 209. Sec. 22.-That whenever and after any bank has

Act Mar. 1,

1879, c. 125. ceased to do business by reason of insolvency or bank-seo

. ruptcy, no tax shall be assessed or collected, or paid into Stat. L., 351. the Treasury of the United States, on account of such bank, which shall diminish the assets thereof necessary for the full payment of all its depositors; and such tax shall be abated from such national banks as are found by the Comptroller of the Currency to be insolvent; and the Commissioner of Internal Revenue, when the facts shall so appear to him, is authorized to remit so much of said tax against insolvent State and savings banks as shall be found to affect the claims of their depositors.

NOTE.—Part of section omitted superseded by act of March 3, 1883.

Tax ON UNITED STATES AND NATIONAL-BANK NOTES.

210. 3701. Obligations of the United

States exempt from taxation.

211. Act August 13, 1894. National

bank notes and notes and certificates of the United States circulating as currency subject to State taxation.

c.

sec.

OBLIGATIONS OF UNITED STATES EXEMPT FROM TAXA

TION. 210. Sec. 3701.—All stocks, bonds, Treasury notes, and Act Feb. 25,

1862, 33, other obligations of the United States shall be exempt

2; 1 2 from taxation by or under State or municipal or local au- Stat. L 346. thority.

1863, 73, sec. 1; 12 Stat. L., 710. Act Mar. 3, 1864, c. 17, sec. 1; 13 Stat. L., 13. Act June 30, 1864, c. 172, sec. 1; 13 Stat. L., 218. Act Jan. 28, 1865, c. 22, sec. 1; 13 Stat. L., 425. Act Mar. 3, 1865, c. 77, sec. 2; 13 Stat.

L., 469. Act July 14, 1870, c. 256, sec. 1 ; 16 Stat. L., 272.
NATIONAL-BANK NOTES AND NOTES AND CERTIFICATES

OF THE UNITED STATES CIRCULATING AS CUR-
RENCY SUBJECT TO STATE TAXATION. ACT AUGUST

13, 1894. 211. Sec. 1.—That circulating notes of national bank- , Act Aug. 13,

1; ing associations and United States legal-tender notes and 28 *stat. other notes and certificates of the United States, payable 278. on demand and circulating or intended to circulate as currency, and gold, silver, or other coin shall be subject to taxation as money on hand or on deposit under the laws of any State or Territory: Provided, That any such taxation shall be exercised in the same manner and at the same rate that any such State or Territory shall tax

L.,