« PreviousContinue »
in such cases, however, should be deposited with the Treasurer of the United States.
(e) Deposits with county officers for public school funds. Fines collected under sections 52 and 53 of the Criminal Code (35 Stat. 1098; 18 U.S.C. 106, 107), for setting fire to timber on public lands, or failing to extinguish same, shall be paid to the proper county officer for the public school fund of the county where the land is situated, but costs in such cases shall be deposited with the Treasurer of the United States.
(f) Deposits with disbursing officers and agents of Indian Service. Moneys collected in Indian suits involving rentals, leasing damages, etc., of Indian property, or allotments for use of the particular Indian owners, shall be paid to the disbursing officer for the agency having jurisdiction over them, and receipts for such moneys shall be sent promptly to the Attorney General on Form 15. Costs in such cases, however, shall be deposited with the Treasurer of the United States.
(g) Deposits with the Attorney General: postal cases. One half of all penalties and forfeitures for violation of laws affecting revenues or property of the Post Office Department should be paid on order of the court to the person informing and prosecuting for the same, unless a different disposition is expressly prescribed. The remainder of such moneys and all other fines in criminal cases for violation of the postal laws, with costs, also all moneys collected in civil post office suits for claims should be transmitted directly to the Attorney General by draft or check made payable to the order of the Treasurer of the United States accompanied by a report on Form 10. Such moneys will be deposited under the direction of the Attorney General and duplicate certificate of deposit transmitted to the clerk of court. (See R.S. 4059; 39 U.S.C. 791.)
(h) Deposits with Bureau of Naturalization. Fees received for services rendered in naturalization proceedings shall be paid over to the Bureau of Naturalization within 30 days from the close of each quarter. No portion of these fees shall be retained as emoluments of the clerk's office. When remitting funds to the Bureau of Naturalization clerks should furnish such reports as may be required by said Bureau.
(i) Deposits with the Passport Division of the Department of State. The fee of $1 collected under the Act of June 4, 1920 (41 Stat. 750; 22 U.S.C. 214, 215), for executing each application for a passport shall be retained by the clerk of court and accounted for as an earning of his office, but the additional fee of $9 for each passport issued shall be remitted directly to the State Department (Passport Division) with the application for passport, preferably by post-office money order purchased by and at the expense of the applicant. In taking applications for passports clerks should be guided by such instructions as may be issued from time to time by the Secretary of State.
(j) Designation of account titles and symbols. In order to facilitate the handling of deposits in the Treasury Department officials of United States courts are specifically requested to indicate upon
certificates of deposit (Form 1, revised), in substantially the following form, a brief description of the Acts under which collections are made and the appropriate receipt symbols: Crim. 1292, U. S. v. John Doe (Symbol 2530, fines, Nat. Pro. Act).
$200 Crim. 1310, U. S. v. Tom Bond (Symbol 2850, Sec. 37 P. C.)-
500 Letters transmitting collections payable to various officials of the Government, but not directly to the Treasurer of the United States, should show the appropriate receipt title and symbol number.**
202.22 Federal Reserve banks; collection and credit. Federal Reserve banks are expected to give credit in the Treasurer's account on the date of deposit for all items payable in Federal Reserve funds or other immediately available funds, and for all items classified in $ 202.10 (a),
which are received early enough to be cleared on the day of receipt. In no case should credit in the Treasurer's general account be deferred more than 1 day for items classified in $ 202.10 (a), except that credit may be deferred for 2 days for items which cannot be cleared in less than 2 days. Certificates of deposit for the full amount of all such items received from any depositors of public moneys should be issued at the time of credit in the Treasurer's general account.
Federal Reserve banks are requested to give credit for items classified in § 202.10 (b) on the basis of the average time of collection, which should be agreed upon in each case between the Federal Reserve bank and the Treasury, and which should not exceed 4 days. Certificates of deposit for such items should be issued at the time of credit in the Treasurer's account. Any Federal Reserve bank instead of following this procedure may, by special arrangement with the Treasury, credit the Treasurer's general account each day for collections in accordance with its established time schedule, entering such credits in the transscripts of the general account as "Unclassified Receipts” until the last item of the deposit has been so credited. The certificate of deposit should then be issued and the total amount of the deposit credited, with corresponding charge in the transcript against the “Unclassified Receipts” previously credited. Federal Reserve banks following this alternative procedure will be expected to sort items received under § 202.10 (b) in accordance with the time schedules to be applied, and are requested to expedite to the utmost collection and credit in order to avoid holding the accounts of depositors in suspense.
Federal Reserve banks are authorized to collect checks deposited for credit to the Treasurer's general account, when properly stamped as prescribed in $ 202.11, in accordance with the regulations of the Federal Reserve Board governing the clearing and collecting of checks by Federal Reserve banks. The Federal Reserve banks will exercise due diligence in collecting such checks.**
CROSS REFERENCE: For regulations of the Federal Reserve Board relating to the clearing and collection of checks, see 12 CFR Part 210.
202.23 Federal Reserve banks; uncollected and lost checks. In the event that any checks for which a certificate of deposit has been given are not paid for any reason by the drawee bank, the check or checks, if recovered by the Federal Reserve bank, should be promptly returned to the depositor, who will immediately give a receipt therefor on the reverse of Form 5504. This receipt must show the date, num
*For statutory citation, see note to § 202.0.
ber, and amount of each certificate of deposit in which the amount of the unpaid check (or checks) was included, and the class of the deposit, as "Income Taxes," or "Miscellaneous Internal Revenue," etc. In case the unpaid item or items are not recovered by the Federal Reserve bank the depositor will nevertheless upon request of the Federal Reserve bank give receipt on Form 5504, as above, making a notation of the circumstances on the reverse of the form. In either event, the Federal Reserve bank, upon obtaining such a receipt from the depositor, will immediately charge the amount, with appropriate_description, in its current transcript of the Treasurer's account on Form 17, and forwarded therewith in support of the entry the receipt given by the depositor with a debit voucher, both on Form 5504, a supply of which may be obtained from the Treasury Department by each Federal Reserve bank for this purpose. In case the checks forwarded for collection by the Treasurer of the United States which are not paid for any reason by the drawee bank, the check or checks, if recovered by the Federal Reserve bank, should be returned to the Cashier, Office of the Treasurer of the United States, with duplicate debit voucher, Form 5315, and the original Form 5315 transmitted with the transcript to support the charge in all cases where the Treasurer's account has already been credited. In case the unpaid item or items are not recovered by the Federal Reserve bank a notation of the circumstances should be made on the reverse of Form 5315.
If a check credited in the Federal Reserve bank's collection account should be lost or returned unpaid, and no certificate of deposit has been issued therefor, the amount thereof should be charged to the collection account, and the check, if recovered by the Federal Reserve bank, returned to the depositor.
A check is not considered paid within the meaning of this part until the proceeds thereof have been received in actually and finally collected funds. In case an exchange draft is tendered by the bank on which a check is drawn and the draft is not paid in actually and finally collected funds because of insolvency of the bank on which the check is drawn, the draft should be retained by the Federal Reserve bank as the basis for a claim, and the Federal Reserve bank will be expected in ordinary course to file a claim thereon for account of the Treasurer, though dividends on claims so filed should be accepted only upon specific authority from the Secretary of the Treasury. Immediately upon filing claim the Federal Reserve bank should notify the Secretary of the Treasury, Division of Deposits, giving a full description of the items included in the claim.
In the event that any checks for which a certificate of deposit has been given are lost after deposit, the depositor should be promptly notified and he will have payment stopped thereon, as required by $ 202.12. The depositor will state on the reverse of Form 5504, appropriately changed for the purpose, the date, number, and amount of each certificate of deposit in which the amount of the lost check (or checks) was included, the class of deposit, and other information required on the form. The Federal Reserve bank, upon obtaining such a statement from the depositor, will immediately charge the amount, with appropriate description, in its current transcript of the Treasur
er's account on Form 17 and forward therewith in support of the entry the depositor's statement with debit voucher, both on Form 5504.**
202.24 Federal Reserve banks; certificates of deposit. Federal reserve banks are requested to use great care to observe the depositor's classification of deposits and to see that all certificates of deposit are duly executed in accordance with § 202.6. The date inserted on the certificate of deposit by the Federal Reserve bank must, in all cases, be the same as the date of the transcript in which the amount is credited. Certificates of deposit should be numbered by the depositor if prepared by him, but in the event that the depositor fails to number the certificate the Federal Reserve banks will supply a number. Certificates of deposit on Form 15 for deposits of internal revenue collections must specify on the face thereof deposits of "Income Taxes" separate and distinct in each case from deposits of “Miscellaneous Internal Revenue Collections." Certificates of deposit on Form 4 should be used for deposit of customs duti and tonnage tax, including Philippine Islands tariff fund. Certificates of deposit on Form 5 should be used for other deposits by collectors of customs not subject to their official checks. The reverse of the original of Form 5 must be filled in as to account titles to which the deposits are to be credited. All copies of the certificate of deposit (duplicate, triplicate, etc.) must bear the same date and must not be delivered to the depositor prior to such date.**
202.25 Federal Reserve banks; checks drawn on banks outside district. Checks received by Federal Reserve banks in accordance with this part which are drawn on banks in other Federal Reserve districts should be collected in the usual manner and should not be charged in the Treasurer's general account as transfers of funds to other Federal Reserve banks.**
202.26 Member bank depositaries; general provisions. General depositaries are not authorized to maintain any collection account for deposits of public moneys, but are required to give immediate credit in the Treasurer's account and to issue certificates of deposit for the full amount of all public moneys deposited with them for credit in the Treasurer's account in accordance with this part. Except pursuant to specific instructions to that effect from the Secretary of the Treasury, no deposits of checks or drafts shall be accepted hereunder by general depositaries for credit to the account of the Treasurer of the United States, but deposits of cash and postal or express money orders only may be accepted in accordance with $ 202.4.*+
202.27 Member bank depositaries; excess balances. Each general depositary, whenever it holds funds to the credit of the Treasurer of the United States in excess of its fixed balance, shall make immediate transfer of such excess funds to the Federal Reserve bank of its district for credit to the Treasurer's general account in funds available for immediate credit by such Federal Reserve bank: Provided, however, That such transfers may also be made with the consent of the Federal Reserve bank of the district to a branch of such Federal Reserve bank. Member bank depositaries, whenever
*For statutory citation, see note to $ 202.0.
they hold funds to the credit of the official checking accounts of United States courts or their officers and of postmasters, pursuant to $ 202.29, in excess of the collateral value of the security deposited therefor, shall promptly report the facts to the Secretary of the Treasury, Division of Deposits, and immediately deposit additional security with the Treasurer of the United States to cover such deposits. Strict observance of this section is required of all depositary banks.**
202.28 Member bank depositaries; collateral security for deposits. Until further notice, securities of the following classes, and no others, will be accepted as security for deposits hereunder with member bank depositaries, and at the rates below provided :
(a) Bonds, notes, certificates of indebtedness, and Treasury bills of the United States, of any issue, including outstanding interim certificates or receipts for payments therefor; at par for bonds, notes, and certificates and maturity value in the case of Treasury bills.
(b). Obligations fully and unconditionally guaranteed both as to principal and interest by the United States; all at face value. [As amended Apr. 27, 1938]
(c) Bonds of the Federal land banks, bonds issued under the Federal Farm Mortgage Corporation Act, obligations of the Reconstruction Finance Corporation, obligations of the Federal home loan banks, bonds of the Home Owners' Loan Corporation, bonds of Puerto Rico, and bonds and certificates of indebtedness of the Philippine Islands; all at face value.
(d) Bonds of the Territory of Hawaii at market value, not to All securities to be pledged as collateral security for such deposits must be deposited with the Treasurer of the United States, Division of Securities, accompanied by a letter stating distinctly the purpose for which deposited. When registered bonds or notes are to be deposited as collateral security hereunder, such bonds or notes must be assigned to the Treasurer of the United States in trust for the bank by an officer of the bank, duly authorized by resolution of its board of directors to make such assignment, and the assignment must be duly acknowledged pursuant to the regulations of the Secretary of the Treasury governing assignments of registered bonds and notes. A certified copy of the resolution of the board of directors must accompany the bonds or notes when forwarded to the Treasurer of the United States.** [As amended by 7th Supp., Mar. 27, 1934]
202.29 Member bank depositaries; court and post-office funds, etc. Limited depositaries designated for the sole purpose of receiving deposits made by United States courts and their officers and by postmasters for credit to their official checking accounts, are not authorized to receive deposits hereunder for credit to the account of the Treasurer of the United States. Such depositaries are required to forward to the Treasurer of the United States, Division of General Accounts, at the end of each week, reports on Form 7-B showing in detail the balances to the credit of the local postmaster and United States courts and their officers. General depositaries authorized to accept deposits by United States courts and their officers and
*For statutory citation, see note to 8 202.0.