Page:United States Statutes at Large Volume 44 Part 1.djvu/286

 §·‘ 193 rr1rLn1;2.>»naa*as A snch terms as the court shall direct; and may, if necessary to oa pay the debts of `snch. association, enforce the individual 1ia- 11 bility of the stockhoiders. Such receiver` shall pay over all` Qtc money so inode, to the Treasurer of the United States, sub- sl ject to the order of thecoinptroller, and also make report to oi the comptroller of all his acts and proccedingso ” _ tl Pmirialcd, That the teommrqxxerimay, it to deems proper, de? p posit any or the money .0 made in any regular Govermnent n depositary, erin any State or national bank either of the city it or town in which the insolventbank was located, orfof a city tl ger town as adjacent thereto as practicable; if such deposit is n made he shall reqniire the depositary to deposit United States tl bonds orother satisfactory securities with the_'I‘reasurer of the ci United States for the safe·keeping· and prompt. payment of the cg money so deposited.; _Sl1Ch depositary shall pay upon such p nnoirey interest at such rate Es the comptroller may prescribe, h not less, however, than 2 per centuin per anmimnpon the_av_er- a age monthly amount of·sucl1 deposits. (R.  $-5234; May 15, a 1916, cg 121, 39 Stat. 121.)B i __   · ~. . ‘ fii 193. Nqice to present claimsi?-The comptroller shall, upon p appointing a receiver, cause notice `to be, given, by· advertise- "tl rnent in such- newspapers as he may direct, for three consecu- ·b< tive months, calling on all persona who may i have claims .- cc against such association °to pi*esent·`tl1e same, and to make -11 legal proof thereof. ·(R. S. § 5235.) l _ _ ; ti ' a 194. Dividends on adjusted claimsrdistribution of assets.-Q —.cw From time to time, afterffnll `proyision has been first 'made for 1 ci refunding to ti1e.United states any deticiency in redeeming tl the notes of such associationythe comptroller shall make ap li ratabie. dividend of the money so paid over to hinr by such re- ag eeiver on all such claims as nray. have been. proved to his satis- pj taction- oradjndicated ina court of competent·'jurisdiction, and, rr an theproceeds of the assets, ofsuch association are paid over ‘tl ·to him, shall make further dividends ori all claims —-previously pi proved orjadjudicated; and the remainder of the proceeds, if pz any, shall be paid over to the shareholders of such association, tl or their. legal representatives, in - proportion ·‘ to the stoclk " by jc then: respectively held; `Y(R. S. § 5236.) . [ ·` _· ·f< .195. injunction by bank denying, failure to redeem notes.e— ’tl Whenever an association against which proceedings have been sn instituted, on account of any alleged refusal to redeem its cir- ‘·o1 cnlating notes as aforesaid, denies having failed to do  -_lt m may, at any time-—n’ithin ten days after it has been notihed of tl the appoint1nent__of,an agent, as prbvidedin section 132 appl  _¢·< to the nearest d.istrict,‘ or territorial court of the United States dw to enjoin further proceedings in the prennisesi and ·_such· court, tl after citing the Con1ptro1ler_of the Currency to shun} capse 01 why further proceedings should not be enjoined, and after the ·im decision of tbecourt or finding ofa jury that such association ce has not refused to redeem itscirculating notes, when legally pu presented; in 'the lawful moiiey of the United Statesi shall ei make an order enjoining the comptroller, and any receiver act~ fe ing under his direction, from all further proceedings on account p1 of such alleged refusal. (B. S, § 5237.) ° " `‘-` . in 198.·Fees and expenses.--LAI1 fees for protesting theinotes ce issued by any national. banklngassociation shall be paid by the al person procuring the protest to be made, and `such association cr shall be liable therefor; but no part 0_f_tl1e boudsdeposited by as such aasociation shall be applied to the payment of such fees. {sr All cipenseg of any preliminary or other examinations into the. px condition of any association shall be paid by such amociation. te All expenses of any receivershlii shall be paid out of the assets to cl of such association before distribution of the proceedsthereof. as (R.S.§523S.) I _- ·." ·  . tb 197, Sharekolderf meeting; continnpnce of rocoivership; pr appointment of agent; winding up businm; distribution of th assets,}-·\\’henos·er` any association shall have been or éhall be pr placed in the hands of a receiver, as provided in section 192 and th

LND Br·1NKING. 2`Y2 ther sections of this Code, and when, as provided in, section M thereof, the Comptroller of the Currency shall- have paid 1 each and every creditor oi! snclr aseeclationynot inc1iuli¤i··a ` hareholdérs rvho are credltorsef such association, whose crm; r claims as such creditor shallhave been proved or allowed as herein prescribed, the full amount oi such claims, and all ex- eases of the receivership and the redemption of {the (Zll`Cll`lHYl!};.{ otes of such association shall have been provided for by clepoo he United States, the Comptroller of the Currency shall call, a reetfing of the shareholders of snchiasoclation by giving amt.,) hereof for thirty days in a newspapet published ln. the tanurygg ity, or county wherevthebuslnme of such aaéaciation sas, ’ arried‘ on, or if no newspaper is there pnbllshed, in the newsaper published nearest thereto. At meh meeting the shareolders shall ’detet‘mine whether the receiver shall be contimzmi, nd_ shall wind up··the`·altairs of suchassociation; or iwhetlue 11 agent shall be elected for that purpose, and in so determini mg the said-shareholders· shall vote by   or by roxy, each share of stock entitling the holderto one rote. and he majority of the stock in value and°nu;nbér of shares shall e necessary to determine urhet-her the Saidleceiyer shall he _. mtinued, or whether an agent shall be elected. In ease such ' xajoi·ity".shall_détermine that the said receiver shall be can-· inued, the Said receiver shall thereupon  with the exe ution of his trust, and shall sell, dispose of, or otlnerrwise. ollect the assets of the said association, `andsliall possessall nepowers and authority, and be subjectto all the duties and abilities originally conferred or imposed upon fhim _;by his ppoizittnent as such receiver, so far as the mma remain ·ap· - licable. in case the said meeting shall, by the vote of a majority of the stock in value and number of shura, determine latau agent shall be elected, the said meeting shall thereupon " roceed to elect, an agent, voting by ballot,. lngperain or by roxy, each share of stock entitling the holder toone vote,.and ie person who shall receive votes reyireeenfing at least a me- Jrity ofnstwk injvalue and number shalI·’l>e` declared the agent ar the purposes hereinafter- proridedi and whenever any of me shareholders ot the association shall, after tm election or uch··agent, have executed and med a bond to the mtisfaetion I the Comptroller `of the‘—Cm·rency, conditioned for the pay= nent and discharge in full of each__an;l_··every claim that may 1erea{ter. be proved and allowed by and before a competent hfiaud for the faithful performance of all and singular the uties of such trust,_‘_the comptroller and the receiver shall nereupon transfer and deliver to such ngentall the undivided r. pncollected or other assets of such association then remain- ___ ng in the hands -or subject to the order and control ot said, >mptroller` and said receiver, or either otythem; and for this urpose saidlcomptroller and Said receiver aretereby severally npoweredand directed to execute any deed`, assignment, trans- _ er, or other instrunreut invwriting that xnay\be necessary and , roper; andnpon the execution and *deliver5“¢ of such instrtr out to the said agent the said comptroller and the said re- »iver shall by virtue of this chapter be discharged frotnany and l` liabilities. to such association and to each and alrtlw. editors and. shareholders thereof. Upon receiving auch deed, -, ssignment, transfer, or other instrument the person elected nch agent shall hold, control, and <lispose`0£ the assets and foperty of such ussoclationvwhich he may receive under tha rms hereof for the benent or the`-shareholders of suchassoation, and he may in his own name, or in the name`ot such · awiation, sue and be sued and do all other lawfulacts and _· rings necessary to tlnally settle and distribute the assetsand. ,- ioperty ln his hands,. and may sell, compromi.se,.er compound te debts due ··to such association, with the consent and ap-- ·oval of the circuit or district court ot at United States fort ie district where the business ot such association was gcarried =
 * ing 1awf,ul·money.of the Unitm States with the Treasurer of