XXV. Miscellaneous.-Instances where the word "name," as employed in statutes or legal documents, has been considered by the courts, are given in the note.1 NAMED.-See note 2. Root (Conn.) 440; County Court v. Griswold, 58 Mo. 175; Romeo v'. Chapman, 2 Mich. 179. Mistake in Name Avoided by Pleading and Proof.-Where a deed is made to a corporation by a name varying from the true one, the corporation may sue in its true name, and aver in the declaration that the defendant made the deed to them by the name mentioned in the deed. Northwestern Distilling Co. v. Brant, 69 Ill. 658; s. c., 18 Am. Rep. 631. See also N. Y. African Soc. v. Varick, 13 Johns. (N. Y.) 39. Parol Evidence to Explain Mistake in Name.-A departure from the strict style of a corporation will not avoid its contracts, if it substantially appear that the particular corporation was intended; and a latent ambiguity may, under proper averments, be explained by parol evidence. Berks etc. Turnpike Co. v. Myers, 6 S. & R. (Pa.) 12; s. c., 9 Am. Dec. 402. 1. "Name of the Owner."- Where a statute made it lawful to kill dogs not wearing a collar "with the name of the owner or owners carved or engraved thereon," and the plaintiff, Jeremiah P. Morey, had engraved upon the collar of his dog the letters "J. P. M.," it was held that this was not engraving the "name" of the owner, within the meaning of the statute. Morey v. Brown, 42 N. H. 373. Where astatute required that petitions for the establishment of a highway should be signed with "the names of the owners of land affected, it was held that signatures containing only the initials of Christian names were not a compliance with the statute. Vawter v. Gilliland, 55 Ind. 278. A similar ruling was made where land was owned by partners, and only the partnership name was signed. Hughes . Sellers, 34 Ind. 337. "Of My Name and Blood."-In a devise, a remainder was limited "unto the first and nearest of my kindred, being male and of my name and blood, that shall be living," etc. The complainant was of the testator's blood, but his name originally was not that of the testator; he had, however, by act of parliament, been allowed to change his name to that of the testator. LORD ELDON held that he did not answer the description of the devise. Leigh v. Leigh, 15 Ves. Jr. 92. Name in Notice of Copyright.-Under the act of congress requiring a notice of copyright to be placed on each copy of the copyrighted book or article, the "name" of the owner of the copyright is sufficiently indicated by his surname and the initial of his Christian name. Burrow-Giles Lithographic Co. v. Sarony, 111 U. S. 53. "Sometimes it is made part of the description or qualification of a devisee or legatee that he be of the testator's name. The word 'name,' so used, admits of either of the following interpretations: 1. As designating one whose name answers to that of the testator (which seems to be the more obvious sense); 2. As denoting a person of the testator's family-the word 'name' being, in this case, synonymous with 'family' or 'blood.' The former, as being the more natural construction, prevails in the absence of an explanatory context; and such is most indisputably its meaning when found in company with some other term or expression which would be synonymous with 'name' it otherwise construed." 2 Jarm. on Wills 141, 146. A woman losing the "name" by marríage. loses her right to be classed as one of the "name;" but not so a person who assumes another name by licence or act of parliament. 2 Jarm. on Wills 144 "Descendants who shall bear the name of." V. Re Roberts, 19 Ch. D. 520; 50 L. J. Ch 265. 2. Where a provision in a charter stated the names of specific officers, together with the term "such other subordinate officers as the common council deem necessary," and later in the same section it is stated that "the officers above named shall hold their several offices for one year," it was held that the words "above named" apply only to the officers specifically mentioned. State v. Trenton, 13 Atl. Rep. 228; State v. Trenton, 50 N. J. L. 388. "Relatives hereinbefore named" in a will, held to mean "legitimate relatives herein before mentioned nominatim, if NARCOTICS. The act of congress of May 20th, 1887 (24 Stat. at Large 69), requires that special instruction as to the nature and effects of alcoholic drinks and narcotics shall be given in the military and naval schools, in the schools of the District of Columbia, and in the Indian schools. Statutes similar in substance have been enacted in some of the States.1 NARR. An abbreviation of the word narratio; a declaration in a cause.2 NATION. The term "nation" implies a body of men united together to procure their mutual safety and advantage by means of their union.3 NATIONAL BANKS (See BANKS AND BANKING). not by all their names, by some at least." Re Jodrell, 61 L. T., N. S. 677. This was reversed in 59 L. J. R., Ch. 538, it being held that the children of persons named as cousins, whether legally related or not, came within the description of "relatives hereinbefore named." “Relations Hereafter Named.”—Where a testator left his property among his "relations hereafter named," and none were named in the will, it was held that the word "named" must be taken in its plain sense, indicating an intention to specify certain relations, and as testator had not done so there was an intestacy. Crampton v. Wise, 58 L. T., N. S. 718. In a City Charter.- Where, in a city charter, power was given to a common council to appoint certain specifically designated officers and "other subordinate officers," and provision was made that the "officers above named" should hold their offices for one year, it was held, construing this section in connection with another similar one, that the "officers above named" included only those particularly designated by name, and excluded "other subordinate of ficers.", State v. Trenton, 50 N. J. L. 388. 1. Cherokee Nation v. Georgia, 5 Pet. (U. S.) 1-52. The very term "Nation" so generally applied to Indians, means a people distinct from others. The constitution declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian Nations, and consequently admits their rank among the powers who are capable of making treaties. The words "treaty" and "nation" are words of our own language, selected in our diplomatic and legislative proceedings by ourselves. Each has a definite and well understood meaning. We have applied them to Indians as we have applied them to the other nations of the earth, and in the same sense. Langford v. Monteith, I Idaho, N. S. 612. See INDIANS, 10 Am. & Eng. Encyc. of Law 38. See also INTERNATIONAL LAW, 11 Am. & Eng. Encyc. of Law 432. 2. As to opium, see OPIUM, REVENUE LAWS. 3. Bouv. Law Dict. IV. Powers, 160. 1. General and Incidental Powers, 160. 2. Prescribing By-laws, 162. 3. Acts Ultra Vires, 164. 4. Laws Which Are Ultra Vires, 166. 5. Powers Concerning Personal Property, 166. 6. Powers Concerning Negotiable Instruments, Stocks, etc., 167. 7. Powers Concerning Estate, 169. Real V. Liabilities in General, 171. VI. Interest and Usury, 172. 1. Interest in General, 172. 2. Penalty for Taking Excessive Interest, 174. 3. Action to Recover Double Interest, 176. 4. Usurious Interest on Series of Renewal Notes, 178. VII Taxation, 179. 1. Taxation in General, 179. 2. Authority of State to Tax, 1 So. 3. Discrimination as Compared with Other Moneyed Capital, ISI. 4. Exemption of Portion of Other Moneyed Capital, 183. 5. Deduction of Bona Fide 6. Deductions in General, 185. 8. Place of Taxation, 187. 11. Restrictions Upon Municipal 14. Collection of Taxes on Shares, VIII. Stock and Stockholders, 193. 1. Stockholders in General, 193. 2. Rights of Stockholders, 194. 3. Stockholders' Right to Vote, 194. IX. Officers, 201. 1. Officers in General, 201. 3. Cashier, 203. XIV. Loans and Discounts, 208. XV. Winding Up and Liquidation, 208. 1. Winding Up, 208. 2. Receiver, 209. 3. Insolvency, 211. 5. Claims Against Suspended XVI. Suits and Remedies, 213. 1. Jurisdiction Over Suits or Proceedings 213. 2. Parties and Pleadings, 214. 3. Maintenance of Actions, 214. 4. Trials, 215. 5. Appeals, 215. 6. Remedies By and Against, 215. 7. Attachment, 216. I. NATURE AND ORGANIZATION -1. General Nature-Description of. -National banks are private associations authorized by congress for the joint purposes of convenience and profit to the holders of United States bonds, and of furnishing the public with a convenient and uniform circulating medium. They were intended to be to the nation what a well-regulated system of State banks was to the States, respectively.1 Resemblance to Former United States Bank.-The qualities, powers, and duties, as national agencies, of these associations, resemble, in almost all essential particulars, those of the bank of the United States authorized by the act of April 10th, 1816. But they are much more intimately associated with the national government in their functions and operations than was that bank.2 2. National Bank Act.-By an act passed February 25th, 1863, and amended and re-enacted on the 3rd of June, 1864, which is known as the National Bank act,3 congress provided for the organization of national banking associations for the purpose of enabling the national government to exercise more effectually its constitutional powers and functions.4 Object of Act.-The object of the national banking act was to establish a system of national banking institutions, in order to provide a uniform and secure currency for the people, and to facilitate the operations of the treasury of the United States.5 Constitutionality of Act.-The constitutionality of the national bank act is beyond all question. It rests on the same principle as does the act creating the second bank of the United States. 3. Formation in General.-A national banking association may be formed by any number of natural persons, not less than five, who shall enter into articles of association to be signed by them, and 1. Stetson v. Bangor, 56 Me. 274; s. C., I Nat. Bank Cas. 520. See also Van Allen v. Assessors, 3 Wall. (U.S.) 573; s. c., I Nat. Bank Cas. 1; Mercantile Nat. Bank v. Mayor etc. of N. Y., 121 U. S. 138; s. c., 18 Am. & Eng. Corp. Cas. 92; s. C., 3 Nat. Bank Cas. 243, 257; Flint v. Board of Aldermen, 99 Mass. 141; s. c., 1.Nat. Bank Cas. 571. Compare National Currency acts, II Op. Atty. Gen. 334. 2. CHASE, C. J., in Van Allen v. Assessors, 3 Wall. ( U. S.) 573; s. c., I Nat. Bank Cas. 1. 3. See declaration to this effect in act of June 3rd, 1874, ch. 343, p. 123. given in note to Rev. Stat. U. S. (2nd ed. 1878), § 5133, p. 992. 4. Van Allen v. Assessors, 3 Wall. (U. S.) 573; s. c., 1 Nat. Bank Cas. 1. The statutes of the United States regulating the organization, conduct and dissolution of national banking associations are contained in the revised statutes (Rev. Stat. U. S. (2nd ed.), 1878, tit. LXII., §§ 5133-5243), and in various enactments subsequent thereto. Abb. L. Dict. 148. A State statute 16 C. of L.-10 2 145 prohibiting the establishment of banking companies without authority of the legislature does not apply to national banks. Stetson v. Bangor, 56 Me. 274; s. c., 1 Nat. Bank Ĉas. 520. 5. Mercantile Nat. Bank v. Mayor etc. of N. Y., 121 U. S. 138; s. c., 3 Nat. Bank Cas. 243; s. c., 18 Am. & Eng. Corp. Cas. 92. See also Van Allen v. Assessors, 3 Wall. (U.S.) 573; s. c., I Nat. Bank Cas. I. Compare National Currency Acts, 11 Op. Atty. Gen. 334. Concerning these associations as governmental agencies, see Farmers' etc. Nat. Bank v. Dearing, 91 U. S. 29; s. c., I Nat. Bank Cas. 117; and First Nat. Bank v. Lamb, 57 Barb. (N. Y.) 429. 6. Farmers' etc. Nat. Bank v. Dearing, 91 U. S. 29; s. c., 1 Nat. Bank Cas. 117, 120; s. c., regarding as applicable the reasoning in McCulloch v. Maryland, 4 Wheat. (U. S.) 316, and Osborne v. Bank of the United States, 9 Wheat. (U. S.) 738. See also Van Allen v. Assessors, 3 Wall. (U. S.) 573; s. c., I Nat. Bank Cas. I. filed in the office of the comptroller of the currency,1 and shall make an organization certificate to be also recorded and preserved by the same officer,2 and no authority other than that conferred by congress is necessary to enable a bank existing under a special or a general State law to become a national banking association.3 Articles of Association.--The national bank act provides that national banking associations shall enter into articles of association, which shall specify in general terms the objects for which the association is formed, and may contain any other provisions, not inconsistent with the provisions of the act, which the association may see fit to adopt for the regulation of the business of the association and the conduct of its affairs.5 And it is further required that these articles shall be signed by the persons uniting to form the association, and that a copy of them shall be forwarded to the comptroller of the currency, to be filed and preserved in his office.6 Certificate of Organization.--The contents and disposition of the organization certificate are prescribed by the act. It seems to be well settled that a copy of the certificate of organization of a national bank, which is certified by the comptroller of the currency and authenticated by his seal of office, is competent evidences of the existence of the corporation.9 But there is not entire uniformity among the decisions as to the effect of such certificate. Some of the cases appear to hold merely that it makes out a prima facie case in favor of the existence of the corporation, when supplemented by other evidence of like purport. 10 Yet, other rulings, perhaps more authoritative, including a decision of the United States Supreme Court, regard the certificate of the comptroller as conclusive as to the completeness of the organization of a national bank.11 1. U. S. Rev. Stat., § 5133. partially quoted in Bullard v. Nat. Eagle Bank, 18 Wall. (U. S.) 589; s. c., 1 Nat. Bank Cas. 93. 2. U. S. Rev. Stat., § 5134. 3. Casey v. Galli, 94 U. S. 673, 678; s. c., I Nat. Bank Cas. 142. 4. The provisions of the National Currency act of June 3rd, 1864 (13 U. S. Stat. at Large 99), and of the amendatory act of March 3rd, 1865 (Id. 484), authorize the creation of banking associations without the right to obtain, issue and circulate notes. National Currency acts, 11 Op. Atty. Gen. 334. 5. U. S. Rev. Stat., § 5133; Act of 1864, 5, substantially quoted in Lockwood v. Mechanics' Bank, 9 R. I. 308; s. c., 11 Am. Rep. 253. 6. U. S. Rev. Stat., § 5133. 7. U. S. Rev. Stat., §§ 5134, 5135. References to some of the require 8. Tapley v. Martin, 116 Mass. 275; s. c., 1 Nat. Bank Cas. 611, relating to competency in a State court. See also First Nat. Bank v. Kidd, 20 Minn. 234; s. c., I Nat. Bank Cas.935. 9. Mix v. National Bank, 91 Ill. 20; s. c., 33 Am. Rep. 44; s. c., 2 Nat. Bank 232. 10. Mix v. National Bank, 91 Ill. 20; S. C., 33 Am. Rep. 44; s. c., 2 Nat. Bank Cas. 232. See also Merchants' Exchange Nat. Bank v. Cardozo, 35 N.Y. Super. Ct. 162. 11. Casey v. Galli, 94 U. S. 673; s. c., I Nat. Bank Cas. 142. See also Thatcher v. West River Nat. Bank, 19 Mich. 196; s. c., 1 Nat. Bank Cas. 622; National Bank v. Phoenix Warehousing |