Page:United States Statutes at Large Volume 18 Part 1.djvu/1084

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1012 rim: mi.->1Ar1oNAi. BANKS.—Ch. 4. payment, and respecting the perpetuation of the evidence of the pn)-- ment thereof, as may seem to 1m proper. _ Cancellation of Sec. 5233. All notes of national banking a.ssoc1ations_presented at the ¤¤¢i0¤¤l· hwk Treasury of the United States for payment shall, on being paid, be can- {‘2§__,g,__ celed. Ibid- . . . . Appoinnnent of 81:0.5234. On becoming satisfied, as specified ln sections fifty-two ¤‘¤¢€¤`€P¤· hundred and twenty-six and fifty-two hundred and twenty-seven, that Ib;d__,,_5gQ`— any association has refused to pay its circulating notes as therein men- 30June,1876,c.l56, tioned, and is in default, the Comptroller of the Currency may forth-

  • §;1·3·"· 19·P· with appoint a receiver, and require of him such bond and security as

K€”“°dY "- (hb' he deems proper. Such receiver, under the direction of the Comptrolmkgoygihgfgl ler, shall take possession of the books, records, and assets of every pahqui ,18];,,,,1;; description of such association, collect all debts, dues, and claims belong- 14 Wzsll., 383; ing to it, and, u on the order of a court of record of competent juris- Bmk ”· K°““°dY» diction, may sell) or compound all bad or doubtful debts, and, on a like gi X?u"l£ge§°€;° order, may sell all the real and(personal property of such association, on (cc., 1’Ben., 534; such terms as the court shall irect; and mav, if necessary to pay the Chemicallayitional debts of such association, enforce the individual liability of the stockg;“'k,;’- ££lg:dl2 holders. Such receiver. shall pay over all money so made to the Treas- ,_ gské, 20’Wau° urer of the United States, subject to the order of the Comptroller, and lim ’ " also make report to the Comptroller of all his acts and proceedings. yotgcetopmscnt Sec. 5235. The Comptroller shall, upon appointing a. receiver, cause claims. notice to be given, by a vertisement in such newspapers as he may direct, ` for three consecutive months, calling on all persons who may have claims 106, s. 50,v. 13,p. against such association to present the same, and to make legal proof 114. thereof. Dividends. Sm;. 5236. From time to time, after full provision has been first made Hf; for refunding to the United States any deficiency in redeeming the notes 30 _;,,,,,, 1876, ,._ of such association, the Comptroller shall make a ratable dividend of l56,s.3,v.19,p.63. the money so paid over to him by such receiver on all such claims as

 may have been groyed to his satisfaction or adjudicated in a court of

pahqujoqm, Bank, competent jurls iction, and, as the proceeds of the assets of such asso- 14 vi all., 383. ciation are paid over to him, shall make further dividends on all claims previously proved or adjudicated; and the remainder of the proceeds, 1f any, shal be paid over to the shareholders of such association, or their jpggl representatives, in proportion to the stock by them respectively e . Ini¤¤¤¢i9¤ ¤P0¤ Sec. 5237. Whenever an association a inst which proceedings have 5’“""°"h‘P· been instituted, on account of any allegedu refusal to redeem its circulatss June, 1864, e. ing notes as aforesaid, denies having failed to do so, it may, at any time WZ P- 5*% V- 13- P- within ten days after it has been notified of the appointment of an agent, H4' as provided in section fifty-two hundred and twentv·seven, a ply to the nearest circuit, or district, or territorial court of the Unite; States to enjoin further proceedings in the premises; and such court, after citing the Comptroller of the Currency to show cause wh * further proceedings should not be enjoined, and after the decision of the court or finding of a jury that such association has not refused to redeem its circulating notes, when legally presented, in the lawful money of the United States, shall make an order enjoinin the Comptroller, and any receiver actin ujjderdhisfdirgction, from aid further proceedings on account of such a ege re usa . Feesandexpenses. Sec. 5238. All fees for protesting the notes issued by any national

_‘,`,5_ banking association shall be paid by the person procurin the protest to

’ ’ be made, and such association shall be liable therefor; but no part of the bonds deposited by such association shall be applied to the payment of such fees. All expenses of any preliminary or other examinations into the condition of any association shall be paid by such association. All egcpenses of any receivership shall be paid out of the assets of such _ association before distribution of the proceeds thereof.

{0;  SEQ. 52392 If the directors of any national banking association shall

___j__,_?__;’; knowingly violate, or knowingly permit any of the officers, agents, 0I'