Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1864-08-18

ceedings. The Comptroller shall
thereupon cause notice to be given,
by advertisement in such newspapers
as he may direct for three consecutive
months, calling on all persons who may
have claims against such association
to present the same, and to make le.
gal proof thereof. And from time to
time the Comptroller, after full provis.
ion, shall have been first made for re.
funding to the United States any such
deficiency in redeeming the notes oil
such association az is mentioned in
this act, shall make ratable dividend
of the money so paid over to him by
such receiyer on all such claims as
may have been proved to his satisfac-
tion or adjudicated in court Of com.
petent jurisdiction /; and from time to
time, as the proceeds Of the assets OF
such association shall be paid over to
him, he shall make further dividends,
as aforesaid, on all claims previously
proved or adjudicated and the re.
mainder of such proceeds, if any, shall
be paid over to the shareholders OF
such association, or their legal repre-.
sentatives, in proportion to the stock
by them respectively held: Prorided,
hoaccrer, That if such association
against which proceedings have been
SO instituted, on account OF any alleg-
ed refusal to redeem its circulating
notes as aforesaid, shall deny having
failed to do SD, such association may,
at any time within ten days after such
association shall have been notified OF
the appointment of an agent, as provi,
ded in this act, apply to the nearest
circuit, or district, or territorial court
of the United States, to enjoin further
proceedings in the premises and
such court, after citing the Comptrol-
Ter of the Currency to show cause
why further proceedings should not
be enjoincd, and after the decision OF
the court or finding Of jury that such
association has not refused to redeem
it's circulating notes, when legally
presented, in the lawful money of the
United States, shall make an order
enjoining the Comptroller. and any
receiver acting under his direction,
from all further proceedings on &C.
count of such alleged refusal.
Sec. 81. And be it further enacted
That all fees for protesting the notes
issued by any such banking associa
ton shall he paid by the person pro
curing the protest to be made, and
such banking association shall be liza
BILE therefor but no part Of the bonds
pledged by such banking association
as aforesaid, shall be applied to the
payment of such fees. And all expens
es of any preliminary or other exami
nations, into the condition Of any as
sociation shall be paid by such asso
citation /; and all expenses Of any re
ownership shall be paid out of the as
sets of such association before distri
button of the proceeds thereof
Sec. SO. Aud be it further enacted.
That all transfer of the notes, bonds,
bills of exchange, and other evidences
of debt owing to any association, or
of deposits to its credit all assign.
ments of mortgages. sureties on real
estate, or of Judgments or DEGREES in
it's favor all deposits Of money, bull
lion, or other valuable thing for it's
use, or for the use of any of its share
holders or creditors and oil payments
of money to either, made after the
com mission of an act Of insolvency, or
in contemplation thereof, with view
to prevent the application OF its as
sets in the manner prescribed by this
act, or with view to the preference
of one creditor to another, except ~
payment of its circulating notes, shall
be utterly null and void.
Sec. SO. And be it further enacted.
That if the directors of any associa.
ton shall knowingly violate, or know
ingly permit any of the officers, agents,
or servants of the association to vic.
late any of the provisions of this act,
all the rights, privileges, and franchis-
es of the association derived from this
act shall be thereby forfeited. Such
violation shall, however, be determin
ed and adjudgcd by a proper circuit
district, or territorial court Of the Uni
ted States, in suit brought for thai
purpose by the comptroller of the Cur
rency, in his own name, before the as
sociation shall be declared dissolved
And in cases of such violation, every
director who participated in or assent
ed to the same shall be held liable il
his personal aud individual capacity
for all damages which the association
its shareholders, or any other person
shall have sustained in consequence
of such violation.
Sec. 81. And be it further enacted
That the Comptroller Of the Currency
with the appreciation Of the Secretary
of the Treasury, as often as shall bt
deemed necessary or proper, shall ap
point a suitable person or persons t.
make an examination of the affairs o
every banking association, which per
son shall not be q director or othel
officer i'm any association whose affair,
he shall be appointed to examine, ant
who shall have power to make thor
ough examination into all tha affairs
of the association. and. in doing 50. t.
examine any.of the officers and agents
thereof on oath and shall make full
and detailed report of the condition ol
the association to the Comptroller
Aud the association shall not be sub
ject to any other visitorial powers
than such az are authorized by this
act, except such as are vested in the
several cou1s Of law and chancery.
And every person appointed to make
such examination, shall receive for his
services at the rate Of five dollars for
each day by him employed in such OK
animation. and two dollars for every
twenty-five miles he shall necessar
ly travel in the performance Of his du-
ty, which shall be paid by the associ.
alton by him examined.
Sec. SIS. And he it further enacted.
That every president, director, cash.
Ter, teller, clerk, or agent Of any asso.
citation, who shall cm bczzle, abstract,
or wilfully misapply any Of the mon.
eys. funds, or credits of the sssocia-
,iop, or shall. without authority from
<J<, d;ractors issua nr mt in c;r~u1u