It is not our purpose to examine the whole subject of dividends upon stock, but merely the decisions in bank cases thereon. The power to declare dividends belongs to the board of directors. Their discretion in regard thereto will not be interfered with unless clearly abused.1 For an abuse of the power, a civil as well as in some cases a criminal responsibility rests upon them.2 But there can be no doubt that bank directors have the right to collect a surplus before declaring dividends.3 In some cases they are directed to do so by statute. But a dividend that has been obtained by a decrease of stock cannot be retained by the bank as surplus.4 The bank, whatever may be its power to hold a lien upon its stock, may hold a stockholder's dividend upon an indebtedness of the stockholder to the bank.5

5 Carrol v. Green, 92 U. S. 509.

6 Godfrey v. Teny, 97 U. S. 171; Thompson v. German Ins. Co., 77 Fed. R. 258; Baker v. Atlas Bank, 9 Met. 182; Long v. Bank of Yancey-ville, 90 N. C. 405; Amer v. Armstrong, 6 Pa. Co. Ct. R 392. The rule is the same as to unpaid subscriptions for capital stock.

7 Fleischer v. Bentchler, 17 I11 App. 402.

8 If made under an order of a court, from the date of the order; or if made by the comptroller, from the date of his order. Casey v. Galli, 94 U. S. 673; Bowden v. John-son, 107 U. S. 251.

9 Barnes v. Arnold, 51 N. Y. Supp. 1109.

10 Palmer v. Bank of Zumbrota, 75 N. W. R. 380.

1 Ely v. Sprague, Clarke Ch. 359; Hiscock v. Lacey, 30 N. Y. Supp. 860.

2 See Sec. 93, note 14, infra, and see last case in preceding note.

3 Reynolds v. Bank of Mt. Vernon, 39 N. Y. Supp. 623.

4Seley v. Exch. Nat Bank, 78 N. Y. 60a

5 Hagar v. Union Nat. Bank, 63 Ma 509; First Nat. Bank v. De Morse, 26 S. W. R 417. Compare Brent v. Bank of Washington, 2 Cranch C. C. 517.