CHAPTER VI. ACTS OF A GENERAL NATURE AND SECTIONS OF THE REVISED STATUTES, NOT INCLUDED IN THE NATIONAL BANK ACT, AFFECTING NATIONAL BANKS. UNITED STATES OR ANY OF ITS OFFICERS OR 1863, C. 58, Act June 3, 194. Sec. 380.-All suits and proceedings arising out Act Feb. 25, of the provisions of law governing national banking asso- sec. 55: 12 ciations, in which the United States or any of its officers Stat. L. 680. or agents shall be parties, shall be conducted by the dis- 1864, c 106, trict attorneys of the several districts under the direction stat. L., 116. 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. sec. 56; 13 C. 106, secs. 50, 57; 115, 116. 195. Sec. 629 [as amended 1875]. The circuit courts Act June 3, shall have original jurisdiction of all suits brought by 1864, any banking association established in the district for 13 Stat. L., which the court is held, under the provisions of Title Act Feb. 18, "THE NATIONAL BANKS," to enjoin the Comptroller of 185, 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. 801818 Stat. L., 318. 106, secs. 50, 57; Stat. L., 196. Sec. 736.-All proceedings by any national bank- Act June 3, ing association to enjoin the Comptroller of the Cur- 1864, c. rency, under the provisions of any law relating to national 13 banking associations, shall be had in the district where 115, 116. such association is located. 88020°-11--6 81 1864, c. sec. 2; 106, SEALED CERTIFICATES OF COMPTROLLER COMPETENT EVIDENCE. Act June 3, 197. Sec. 884. Every certificate, assignment, and con13 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 authenticated 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. Act June 3, 1864, c. 106, CERTIFIED COPY OF ORGANIZATION CERTIFICATE AS EVIDENCE. 198. Sec. 885.-Copies of the organization certificate of вес. 6; 1 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. 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 circulation of banks other than national. 203. Act February 8, 1875. Tax on notes of State banks, municipal corporations, etc. Act June 30, 1864, sec. 110; TAX ON CIRCULATION. 204. Act February 8, 1875. Banks' returns, payment of tax, penalties. 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 insolvent banks. 199. Sec. 3408.-There shall be levied, collected and First. * 13 Stat. Lpaid, as hereafter provided. 277. Act July 13, 1866, sec. 9; 14 Stat. L., 137, 146. 17 Stat. 625. Third. A tax of one-twelfth of one per centum each Act June 6, month upon the average amount of circulation issued by 1872, sec. 37 any bank, association, corporation, company or person, 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 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. 1865, C. 78, Act July 13, CIRCULATION WHEN EXEMPTED FROM TAX. 200. Sec. 3411.-Whenever the outstanding circulation Act Mar. 3, of any bank, association, corporation, company, or person sec. 14; 13 is reduced to an amount not exceeding five per centum of Stat. L., 480. the chartered or declared capital existing at the time the 1866, c. 184. sec. 9; 14 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 ACT FEBRUARY 8, 1875. 1875, C. 36, 202. Sec. 19. That every person, firm, association, Act Feb. 8, 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 of 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- 1875, C. 203. Sec. 20. That every such person, firm, association, 18 Feb.38; corporation, State bank, or State banking association, and sec. 20; 18 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. 1875, sec. 21; Stat. L., 311. 204. Sec. 21. That the amount of such circulating Act Feb. 8: notes, and of the tax due thereon, shall be returned, and 18 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. 1864, C. 173, 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. L.. 278. persons, town, city, or municipal corporations, State 1866, c. 184 banks, or State banking associations paid out as aforesaid stat. L., 147. Act July 13, sec. 9; 14 C. 1867, c. 8, sec. sec. Act June 6, C. 37; 17 1872, C. 13, Stat. L., 403. 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 of June, by each of such banks, associations, corporations, 1872, 315, companies, or persons, with a declaration annexed thereto, Stat. L.. 256. under the oath of such person, or of the president or Act Dec. 24, cashier of such bank, association, corporation, or comsec. 5; 17 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. sec. Act June 30, C. 173, Act July 13, C. sec. 9; 14 "That 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 ESTIMATE. 206. Sec. 3415.-In default of the returns provided in 1864, 110:11 the preceding section, the amount of circulation [deposit, Stat. L.. 278. capital], and notes of persons, town, city, and municipal 1866, c. 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 sec. 2; i can obtain. And for any refusal or neglect to make Stat. L., 402. return and payment any such bank, association, corporation, company, or person so in default shall pay a penalty of two hundred dollars, besides the additional penalty and forfeitures provided in other cases. 1872, C. 13, Act Mar. 3, 1865, C. 78, sec. Act July 13, 1866, C. sec. 9; 14 Stat. L., 146. NOTE.-See note under preceding section. STATE BANKS CONVERTED INTO NATIONAL BANKS; RE- 207. Sec. 3416.-Whenever any State bank or banking 14; 13 association has been converted into a national banking Stat. L.. 486 association, and such national banking association has as184, sumed the liabilities of such State bank or banking association, including the redemption of its bills, by any agreement or understanding whatever with the representatives of such State bank or banking association, such national banking association shall be held to make the required return and payment on the circulation outstanding, so long as such circulation shall exceed five per centum of the capital before such conversion of such State bank or banking association. 1864, C. 173, L., 278. TAX PROVISIONS RESTRICTED. Act June 30, 208. Sec. 3417 [as amended 1875]. The provisions of sec. 110: 13 this chapter relating to the tax on the [deposits, capital, tatet July is, and] circulation of banks and to their returns, except as 1866, c. 184, contained in sections thirty-four hundred and ten, thirtyStat. L., 146. four hundred and eleven, thirty-four hundred and twelve, sec. 9; 14 thirty-four hundred and thirteen, and thirty-four hun- Act Feb. 18, 1875, c. 80; 18 dred and sixteen, and such parts of sections thirty-four Stat. L., 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. 1879, c. 125. 22; 2 C 209. Sec. 22. That whenever and after any bank has Act Mar. 1, ceased to do business by reason of insolvency or bank-sec 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 211. Act August 13, 1894. NationalStates exempt from taxation. bank notes and notes and certificates of the United States circulating as currency subject to State taxation. OBLIGATIONS OF UNITED STATES EXEMPT FROM TAXA TION. Act Feb. 25, C. 33, sec. 2; 12 210. Sec. 3701.-All stocks, bonds, Treasury notes, and other obligations of the United States shall be exempt 1862. from taxation by or under State or municipal or local au- Stat. L., 346. thority. Act Mar. 3. 1863, C. 73, sec. 1; 12 Stat. L., 710. Act Mar. 3, 1864, c. 17, sec. 1; 13 Stat. L., 13. NATIONAL-BANK NOTES AND NOTES AND CERTIFICATES 1894, sec. 1; 211. Sec. 1. That circulating notes of national bank-,Act Aug. 13, ing associations and United States legal-tender notes and 28 Stat. L., 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 |