Evansville daily journal. (Evansville, Ind.) 1863-1866, 1864-07-20

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lsofs Of such essocistion, enforce the individual
liability Of the stockholders prosided for by the
vsifth section ofthis act; and such receiver shall
Jay over al mossy 50 made to the Treasurer Cf
he gzitez States, subject 70 the orleF ofthe Comp
roller ofthe Currency, and also make report 10
The Comptroller ofths Currency Of all bis acts and
Tbs Comptroller shall thsrsupon
'auss notice to be given, By Adssrtisement in sueA
newspapers as be may direct. for three coEsecu-
tive months, calling on all persons who may have
claims against such association 10 present. tie
same, and to make legal proof thereof And from
8 me to time the mptrolleF, after full provision
shall have besn made frat made for rsfanding to
the United States any such deficiency in redeem
Ing the notes 0fsu h association a. Is mentioned
In this act, shall make q ratasle dividend Of tie
money . paid over - him by such receiver on all
such claims may have been proved to his sstis-
ASTON adjHeated in q court Of competent iuris-
diction and from tinls to time, the prseesds
Of the ASA It's Of such association shall be paid
TO aim, be shall make further diyid mis-, as afore-
said, on all claims previously proved or a5jadea-
ted. and tn remainder Of sEsh proceeds, II any,
shall De paid over to the sh emo dsrs q such
ISOLATION, or ia r legal repre- ~ntakivss in proper
ton TO the stock By them resp etivsIy held Pro-
ssfsd honsrer. Thst if sarh association against /
which proceedings have be. instituted. on &C
count Of any ale ssd rsfH.Al Tsdssm its cireaia
ting notes - afortsaid, shall drHv having failed !
% deE0, suet assoc iatioa may a. any lime within
ten days afsr suca assoeiat a Shall ave bssa no.
tifed Of ths ap IUtutm-nt ofan az mt, provided
In this act, sip 70 he r. uit district
ter itorial court II the UHltsd states, to sn-
Join further pr eesdlngs 10 the pre- aisss aud
such court, GitiBg the g. n 1tfe Ter Of the
currency 20 show cause why fur hsr proceeding
should not be snioined, and after the decision Of
the court or fading Of jury that such assscia-
ton has not refused 20 redeem its circulating
notes, when legally presented, In ths lawful mon
sy Of the United States. shall fnaks order en-
Joining the Comptroller, and any receiver acting
under his direction, from all farther proese Rg,
en- account II such alleged refusal.
Sec. 81. dHd BE- IL further enacted That all fees
for protesting the notes Issued by any such bank
ing association shall b. paid by tbs person Proeur
Ing the protest 10 Be made, and such banking
soeiati shall be liable theFsior; but part Of
the bonds pledged by such banking assoeiatioa, -
Aforesaid shall be sppiisd 70 the payment Of such
f-es. And all expenses Of any preliminary or 9TH
or examinations Into the condition Of aay associ
tion shall be paid BY such association and all
pens,B Of any recevership shall be paid out OF the
assets sf such association before distribution Of
| the proceeds thsfeok
Sec. 90. And BE- II further enacted That all trans
| fer ofths notes bonds, bills Of exchange, and
other evidences Of debt owing to any association.
| or Of deposits to It's credit; all assign Asnts Of
| Mortgages, snretiss or real estate, Of judge
meBts or DEGREES In its fayor all deposits sl mon
| ey, bullion, or other valuable thing for its use
or for the use Of any OF is Shareholders credit
ors and all payments Of money TO either mad
after the cons mission OF an act Of insoEeEcy, or ia
! contemplation thereof, with view 70 present the
application Of Its assets IN the manner prescribe
By this set, or with view to ths preferences Of oss
creditor TO another except In payment 81 its cir
culating notes, shall be utterly null and void
See. IS. Had be Il further enacted, That II the d.
rectors Of any association shall Knowingly violate
or knowingly permit any If he offlcsrs, agents,
servants Of the association to vie ate any OF the
BroVi.ians II this act, all the rights, privileges
and ehisss q ths association derived FROM this
act shall be thereby forfeited Eush violation
shall, however, BE determined and adiadsed by ;
proper circuit, district territorial court Of the
United States, In a suit brought fer that purpose
BY tbs Comptroller OF the Currency, in his own
name, before the association shall 30 declared dis
1 soIVad And In of Hueh ViolaAfou 4 a.
recter who participated In or asssBtsd 10 the same
shall be held liable In his personal aud individual
capacity fer all damages which this association,
Its shareholders, or any other person, shall have
sustained IN consequences OF such violation
Sec. 81. And Be u further enacted, That abe
Comptrollsr Of the Currency, with the appreciation
OF the Secretary Of the Treasury, often shall
be deemed necessary or proper, shall appoiut =
suitable person or persons to make an examina-
tl0n Of the affairs Of every banking association,
which person shall not DO = director or other on
10 any association whose affairs he shall be ap-
painted 10 examine, and who snail have power T.
make a thorough examination into all the Affairs
ofths association, and, in doing 80. 20 examine
any Of tbs Officers aad agents thereof on oath and
shall make full aRd detailed report Of the coud
ton efthe association 20 the Comptroller Aud
ths association snail not be subject to any other
| Visitorisi powers than such a. are authorized hy
this act except such as vested in the ssveFs1
| courts oflaw ana ehAneery. And sYsry person
| appointed to make such examination shall re
esivs for his services at the rate Of Ave dollars fol
|
and two dollars for every twenty-five nliss b.
shalt necessarily travl in the performance OF hi,
duty, which shall be paid By the ASSOCIATIONS b,
| him examined.
Sc. So. Aad e Il further enaeted That eysry
president, dtFe,tor, cashier, teller, clerk or agsn
OF any association, who shall suIbszzls, abstract
or wlliallJ misapPly any OF the moneys, funds, Of
credits Of this Assocation, or shall, uith-..4 -
tharitY from the dirsctors- issus OF put In cir
= culstion any sfthe notes Of the association, Of
shall without such authority. issus or pat forth
l certificate Of deposit. draw oFdaF Al
| ofsEehsnge, make any acceptance, assign an,
note, boa draft, bill Of exchange. mertgags iudg
ment or decree, or shall make any false entry II
any book report, or statement sfths association
with intent, in either case, TO injurs dsfraas
the association or any other company, body pei
Tile or corporate, OF az individual persoE or /,
deceive any officer OF the assoeiztisp or any agen
appointed 20 examine the asa r. Of aay such asss
citation, shall be deemed guilty Of misdsnsano,
and upon convicti, hereof shall BE- psnlshsd by
imprisonment act le than hFe more thar
ten years.
sec. IS. And Be- Il further enacted, That all suit,
and proceedings arising Vut OF tho proVi lions o
this act, In which the uHlttd - or It's oiicesi
OF SCENTS shall be parties, sh II b conducted b.
he district attorny Us Of tbs erai distrieis un
der the direction sad supervision Of the Solicitor
l Of the Treasury.
; Sec. ST. And b. IL further enacted That suits. ae
, | toAs, and proceedings, agAinst aay association
undsr this act, may Be had In any circuit district
or territorial court Of the United stats. held with
In the district In which sueh association may b,
established or In any State. eOHnty, or municip
al court In the county or city In which said asso
. citation is located having Jurisdiction in simila
cases ProFtded, h9tsereF. That all proceedings {,
| snioin the Comptroller under this act shall b
, bad in circuit, district, or territorial court o
the United States, held in the district in whiel
: | the association IL located.
! Sec. IS. Asa Be q further enacted, That ever,
| person who shall mutlats, cut. dsEaee, disngure
! | or persrate with holes, or shall unite or esmsa
| together, or do any other thing 70 any bank bill
drsft note, or other evdenes Of debt, issued b,
any such association, OF shall cause or procure tn
same to be done, with intent to render sush banl
BILL drsff, note. or oshsr evidence of debt unft {,
be reissued by said asosiAtisn, shall upon eonvie
= ton forfeit my aolars tot the association VIII
shall be injured thereby, to be recovered BY actiof
In any court having Jurisdiction.
| sec. %. ARd b further enacted, That n am
persen shal falsely make, forge, or count rfeit
! | or eause on procure to be made, forged. eoun
teFieited, or willingly aid assist Ia falsely max
ing, forging, or coantsrfeiting. any note in imi
tatien Of or purporting to be an initation Of tn
! circulating notes issued under the pr0visisus o
this at, or shall pass, utter, or publish, al
smPt 10 pass uttsrs or publish, any false, forred
or eounterieited note, purportlaR 10 be issued b,
& any assoeiatien deing banking business undsl
the provisions Of this act, knowing the same Il
. Dc falsely made forged, 81 coantrrfeitsd shal
falsely alter, or cause OF procure 70 be falsely al
tered, or willingly aid ist In falsely Alerins
Auy such eireulA ing notes issued As aforesaid, OF
shall pass, utter. or publish, or attempt TO pa .
utter, publish, Is true, any falsely altered Of
spurious circulating tie issued, purpcrfinK "a
! have been issusd IS Aforesaid, knowing the SAM
70 " iAlsesy altered ~ apurtou-, eN such psr
son shall be deemed and adjudgsd guilty Of hlon,
and being thereof convicted By due course of lav
3 shalt be sentenced to be imprisoned and Kept a
hard labor for period Of nos less than Ave year
nor more thar fifteen year,, and 6nsd ia q sun
not exceeding one tho sand dollars
Sec. 60. AHd Be- - further eSaetsd. That IL an
peTsoe shall make or engrAve, cause or procur
to be made or engraved, or shall have in his Gus
tody or possession sny plate, die or block after th
similitude OF any plate, die, or block from whel
any circulating notes issued aforesaid shall hsv
been prepared or prsted, with intent to use sucl
plate die. or block, or cause suffer the same .
be used, In forging counterfeitng any Of III
notes issued as aforesaid, shall have in his eus
toby possession any blank note or notes en-
grzvsd and printed after the similitnds Of an,
notes issued aforesaid with intent to use sucl
blanks, or cause or suffer the same to be used, il
forging or oountsrfeiting any of the notes issue
as Aforesaid or shall have In his custody posses
sieu any paper adapted to the makisg Of sucl
q notes, AID similar to the paper upon which Aa
sueh notes shah have bsen izsusd, with inssn
20 use such paper, or suffer the same 70
used IN Forging or countsrfeiting any Of the note
issued as aforesaid, every person. being there
: OF convicted by aue course of Law, shall be sen
teneed 70 be imprisoned aud kept TO hard labor T.
: . term not less than i've or more than nffss
j years, and nnsd in & SUM not exceeding enc then
0 sand dollars.