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19 U.S.C. § 198Certified checks; receivable for all public dues; lien for payment of

submitted 115 years ago by ch. 191 to r/title-19-CUSTOMS-DUTIES · 219 words · no verdicts yet

in plain englishAI-generated · not legal advice

Government officers may accept certified checks from banks to pay import duties and other public debts. If a check doesn't clear, the debtor still owes the money. The United States also gets first claim on the bank's assets to recover the unpaid amount.

Officers who collect payments for the government may accept certified checks. These checks must be drawn on a national or state bank, or on a trust company. The Secretary of the Treasury decides the timing and rules for accepting them. The checks can be used to pay duties on imports and other public debts, including special customs deposits. Paying with a certified check does not end the debt right away. If someone owes duties on imports and pays with a certified check, that person is not released from the debt until the check actually clears — meaning the bank actually pays it. If the bank does not pay the check when it is due, the United States can still demand payment from the original debtor. On top of that, the United States gets a "lien" — a legal claim — on all of that bank's assets for the amount of the unpaid check. This claim must be paid from the bank's assets before almost any other claim against the bank. The only things that come first are the necessary costs of running the bank's administration, and repaying the United States for money it spent redeeming that bank's circulating currency notes.
the actual law source: uscode.house.gov ↗public domain

It shall be lawful for collecting officers to receive certified checks drawn on National and State banks and trust companies, during such time and under such regulations as the Secretary of the Treasury may prescribe, in payment for duties on imports, and all public dues, including special customs deposits. No person, however, who may be indebted to the United States on account of duties on imports who shall have tendered a certified check or checks as provisional payment for such duties or taxes, in accordance with the terms of this section, shall be released from the obligation to make ultimate payment thereof until such certified check so received has been duly paid; and if any such check so received is not duly paid by the bank on which it is drawn and so certifying the United States shall, in addition to its right to exact payment from the party originally indebted therefor, have a lien for the amount of such check upon all the assets of such bank; and such amount shall be paid out of its assets in preference to any or all other claims whatsoever against said bank, except the necessary costs and expenses of administration and the reimbursement of the United States for the amount expended in the redemption of the circulating notes of such bank.

Source credit: (Mar. 2, 1911, ch. 191, § 1, 36 Stat. 965; Mar. 3, 1913, ch. 119, 37 Stat. 733.)

history & why it existsrecord from the source credit
  • 1911Enacted · Act of Mar. 2, 1911, ch. 191 · 36 Stat. 965
  • 1913Amended · Act of Mar. 3, 1913, ch. 119 · 37 Stat. 733

A history note hasn’t been published yet. The record shows enactment by ch. 191 on 1911-03-02.

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