The Hawaiian gazette., 1884-06-04

after receiving notice from the Comp
troller, n receiver may be appointed 10
close up the business Of the association,
according to the provisions OF section
tfty-two hundred and thirty-four. T.lnG
prorided, That il any shareholder OF
shareholders OF such bank shall neglect
or refuse, after three months natice. to
Piy the assessment, rs provided in this
section, Il shall be tire duty Of the ho.,nl
of directors to cause a sufficient amount
of the capital stock OF such shareholder
or shareholders to be sold n public ant.-
ton after thirty days notice shall be
given by posting such notice Of sale in
the office of the hank, and by publishing
such notice in 4 newspaper ~ the city OF
town in which the hank is located, or in
n newspaper published nearest thereto.l
to make good the deficiency, and the
balance, if any, shall be returned 10 such
delinquent shareholder or shareholders.
SIC. 520S. II shall be unlawful for any
officer, clerk, or agent Of any national
banking association to certify any check
drawn upon the association unless the
person or company drawing the check
has on deposit with the association, at
the time such check is certihel an
amount of money equal to the amount
specified in such check. Any check so
certified by duly authorized officers shall
be good and valid obligation against
the association; but the act of any officer,
clerk, or agent of any association, in vio-
lation of this section, shall subject suci.
hank to the liabilities and proceedings on
the part of the Comptroller as provided
for in section fifty-two hundred and
thirty-four.
SEC. 300. Every president, director,
cashier, teller, clerk or agent Of any as
ISOLATION who embezzies, abstracts, or
wilfully misapplies any of the moneys,
funds, or credits of the association, or
who, without such authority, issues or
puts forth any certificate Of deposit,
draws any order or bill of exchange,
makes any acceptance, signs any note,
bond, draft, bill of exchange, mortgage,
Judgment, or decree, or who makes any
false entry in any book, report, or state
ment of the association or any other COM
pany, body, polite or corporate, orAny
individual person, or to deceive any
officer of the association, or any agent
appointed to examine the affairs of any
such association and every person who
with like intent aids or abets any officer,
clerk, or agent i'll any violation Of this
section, shall be deemed guilty Of mis-
demeanur, and shall be imprisoned not
less than five years nor more than ten.
SEC. $40. The president and cashier
of every national banking association
shall cause to be kept at all times full
and correct list of the names and resi-
dences of all the shareholders in the as
ISOLATION, and the number Of shares held
by each, in the office where its business
is transacted. Such list shall be subject
to the inspection of all the shareholders
and creditors of that association, and the
officers authorized to assess taxes under
State authority, during business-hours Of
each day in which business may be le-
gally transacted. y copy of such list, ON
the first Monday OF July OF each year,
verified by the oath of such president or
cashier, shall be transmitted to the Comp
troller of the Currency.
SEC. 52l1. Every association shall
make to the Comptroller of the Currency
not less than five reports during each
year, according to the form which may
be prescribed by him, verified by the
oath or affirmation of the president OF
cashier of such association, and attested
by the signature of as least three Of the
directors. Each such report shall exhib-
it, in detail and under appropriate heads,
the resources aud liabilities of the IGsso-
cidtionsl [associationl at the close Of
business on any past day by him speci-
fed and shall be transmitted to the
Comptroller within five days after the
receipt Of a request or requisition there
for from him, and in the same form in
which it is made to the Comptroller shall
be published in a newspaper published
in the place where such association is es-
tablished, or if there is no newspaper in
the place, then in the one published
nearest thereto in the same county, at
the expense of the association and such
proof of publication shall be furnished is
may be required by the Comptroller
The Comptroller shall also have power to
luI 1lNlAlA lNlbAto llDAAA pr TIT
ular association whenever in his judg-
ment the same are necessary in order to
a full and complete knowledge of its con-
dition.
SEC. 5212. In addition to the reports
required by the preceding section, each
association shall report to the Comptroller
of the Currency, within ten days after
declaring any dividend, the amount Of
such dividend, and the amount Of net
earnings in excess of such dividend.
Such reports shall be attested by the oath
of the president or cashier Of the assoei-
alton.
SEC. 5213. Every association which
fails to make and transmit any report re-
quired under either Of the two preceding
sections shall be subject to a penalty Of
one hundred dollars for each day after
the periods, respectively, therein men
toned, that it delays to make and trans
NIT its report. Whenever any association
delays or refuses to pay the penalty
herein imposed, after it has been assessed
by the Comptroller Of the Currency, the
amount thereof may be retained by the
Treasurer Of the United States, upon the