Delaware State journal and statesman., 1864-06-24

hon aud such deficiency shall ba made 40 Vi ont of scl
assets eieroncet Any aud all other ella Whatsoever
Aeep Tue necessary aud expenses Adnialstarinp
tha sans T =
sue 49, Ind be 4 further eaaeted That Whenever IN,
SomprOtr sh1ll boeoms satisfied Ia thu last pro I'd
as section serihel than any association has refused 10
KY ils .reu aling notes therein mentioned hi may
OF cancelling the United StAls bonds pledged by
surh Association, provided In the nuxt preceding sec
,on ciue 80 much o lhsm may DO necessary 10 ~.
~ III lns Outstanding circulating notes OF such
lon to be sold at public auction thu city OF New York
alter ewing thirty days notice Of such sals suel az
See 49. And Be ii further mattel, That the Comp.
ur Of the Currency may II hs shsl be Of opinion lhit
e Interests Of 'he United states will be hest promoted
@ py SOIL at private sale any Of the bonds pledged by
suc association and receive therefor any Of the money
" he Circulating notes Of such falling association Ir.
uta That no such bonds shall ba sold by prvatu s,e
or less than par nor less than the market value tn reof
A. the tims Of sale; Ad prOvidei further That no sal
OF any such bonds either public or priyato shall be
complete until the transfer thereof shA have been ina
WIN 'ho torma.ities prescribed in this act
~. o. Aud Be Il tuMer enacted, That becoming
Say hni as specified in this act that any association has
reiusol to pay Its circulating notes toien mentioned
anl = ~ delau tha Comptroller OF the Currency may
nonl and security as he shall dosm proper Who under
e direction OF the Comptroller shall tako possession of
ts boots reordH aud ssas of every description OF such
sl i'lon' collect all debts dues and claims belonging
70 ohue association, aud upon the order court OF TO-
a o competent lnii dleoni ay sell or compound all
pAu o doubtful debts and like order II all hn rn
au Irs nal property of such ielaon terms
as we court sh diTeci and may II necessary to pay
,ne uunls or such ~ oriAl0n, enforce th individual a
y OF the soekhodors provided by tho twelfth sr.
llon OF his act and such receiver shall pay owe. all
money made to ih5 Troa.rs Of Of tho uud st,tss
subject to tho order Of tho Comptroller Of tho Cnrrne
anu hlsn made report to the Comptroller Of the Curloncy
81 All ms acts aud proceedings Thl Comptroor .hall
lheren1n rsuss notice 10 10 gvon by advertisement in
Aut hh"sphptfs as e may direct for hroa consecutive
NOUNS calling ON all persons who may have claims
shsl te associAtOn 10 present tho sAis, and 10 make
legal proof tberuof And from tins To time tho Comp
uutf alter full provision shall hay0 been rst made nr
eiuAuns 10 The uhol states any such d,icieney in
ueomhs tho lOts Of such ociaion il mentioned u
inns ai shall mnko raahle dividend Of the money 10
pau over To him ty such raceyur all such claims
may nave heln proved IL his satisfaction adudieatsl
IN court Of competent ursditiU aud from time 10
v a the proeeeds Of tAo assets If such shall
Dc pad osei 10 him, hJ shall make further diydunds as
aforesaid ON hl claims previously proved adudieAte
aal u remainder Of sueh proceeds II any shall be paid
over 10 the share holders Of such association or tner
ids representatives. in proportion to tho stock by tham
respectively heldi Provided howcper That II such
sogAtoh against which proceedings have baen lnsl
tnlod On account OF any alleged refusal 10 redeem ti
culallng NOTES as afOresAd fhall deny having failod
DO so such association may al any time within ten day
ie tuch association shall lave been notified Of thu
olnhleit oi hn agent as provided in this act apply
no nehea circuit, district territorial court VI the
States 10 onisn further proceedings in the prem
~ au suen court, ater citing the Comptroller of the
currency 70 show cause why further proeesdngs ehould
ol 70 ononed and altar the decision of the
lhuS o Jury that such association has not refused to
eueen us circulating notes, when legally pres snle1 Ia
lie lawful money Of the United States, shall make an
rider unjonng the Comptolor and any receiver acting
inder his direction, from all further proceedings
Olnt Of such alleged REFUSAL
Sec o. And as farther enacted, II all all fees for
ION sall be paid BY tbs p1fsOn procuring the protest
% made, and such banking association shall bo liable
hfeiO but no part u The bonds pledge by such bank
ng a@ eAton aioresHid shall 10 appad To the pay
en Of such fees. Add all expenses Of any preliminary
lou sha ho rald by such siation aud all expenses
any reeoYershp shall 10 paid out Of The assou Of such
asssia 9n heio distribution of tho proceeds ihereK
SIC o.. And bs n further enacted Thot all transfer
the notes. bonds, bills Of exhange and other evidences
debt owing 10 suy atsucan Of deposit its credit;
u assumonlA Of mortgages sueties on real ., tate or
I %
ioney, bnon or other valuable thing It's use cor
the any us the sbarehoders or cretIiors and
u payments ~ money TO either, made after the commits.
nu vi an act Of Insolvency in contemplation heIonf
'h ,ow to prevent the application orts assets the
iahner prescribed by tis act or with vew to the pre-
snco oT Que creditor t. auOher except In payment OF
s circulating nntes shall bJ utterly null and void.
'rs OF any association shall knowingly violate know
lgy permit any of this officers agents the
AueM1h u violate and o the provisions OF this act all
no rights privileges, and franchises OF the association
evud irun this net shall be thereby forfeited Such
i1alion shall however, be determined aud adjudged by
proper circuit district or territorial court OF The United
tales, In suit brought for that purpose by ths Comp
roller OF the Currency, in his own nanie before the as
Deation shall be declared dissolved And iu cases of
lch violation, every director who participated In or as
nted 10 the same shall be held liable in his psrsonal
nd individual capacity for all dam lpas VIII oh th "a
'eiaton, its shareholders, any other person. shall
ave sustained in consequence Of such violation.
see. o. AUD bs Jgnhsr enacted. That tbs Comprol
OF the Currency, with the aprobaon the Secretary
tho Treasury as often shall be deenod necessary
proper shall appoint suitable person persons to
citation which porson shall not be director or other
lc7r in any association whos affairs he shall be ap-i
Inted to examine, and who shall have power make
orCugh exaniaaton into ali the affairs of tho assoea-
on and in doing to examine any Of the oieers and
@ ar ths eJalo l su a M, si snS de
And tho association shall be subject 10
ny other ysitoiil powers III such authorized
this act except such vested In the several courts
law aud ehaneery, Aud every person appointed to
~ rSle o hys dollars for each day by him employed In
eh examination, and two dollars Tor eVory twonty.hyo
lies hs shall necessarily travel In the Performance Of
= duly, which shall be paid by the association by him
iminad.
SIC 55 And be il further enaced, That livery presi-
mt director, cashier teor, clerk or agont Of any As-
eattUn who shall embrz1le, abstract, wi fully mis.
ply any OF tbs moneys. funds credits Of tho assouia
or shall without authority from the diroetors isAuo
shh without such authority, Issue put forth any
rurate OF deposit draw any order or lii OF eSeangS
axe any acceptance, assign note, bond iraft bill Of
chanse mortgage, Judgment or decree shall any
lse entry IN any book report or ataement OF the
laon Win intont In otur TO injura deifaud the
ISOLATION or any Other company, body polite unfpO.
teer any naividual pssO, or TO deoeiyo any ocer
r associations or any agont appointed To examine tho
airs OF any such assoeiaon shall be deemed guilty Of
and upon runvrtion thereof shall be
hished BY imprisonment lot ess than hvs more
See. 90. And be il further enaced That ali suits aud
oeaedEs arhing cut Of the PROVISIONS OF this act in
heh tue unittd States or lis uices or agents shall bu
riiua shall hs conducted by tho dis ric attorneys uf
sevral dstliels, under tho diIeeon and supervision
the Solicitor OF the Treasury.
ste o.. Aid De- further enacted That suits, actions
proceedings, against any association under this act,
Ay ha id any circuit district or toi rorRl court Of
United States held within tho dis iirt n which suoh
otilon may b9 esablishsd In any state, county,
municipal court in thu county city IN which sad
AuSn Is located having Juriadiehon IN similar cases
ontdet, h0weper That all proceedings to en- IOn tho
nplrolicr under thia act shall Le had u circuit, dis
st. Or territorial court OF tho Untod Saos, hed tho
str,et Ia ehleh ths association is located.
See bs And further enacted, That every person who
il muiiAle cut, dtiaeo, dishgure or perforatv with
lss or shall unite OF cement togeIar do any oth0r
ng to any bank b draft, note, other evidence of
b. Issued by amy such association, shall cause
lcufe the SAME u DO DONE wth intent to render such
nk bill, draft n0ts or other oEdonce Of debt uht to bs
uui by said association shall upon conviction forfeit
dollars to the who small b0 injured there
10 DO recovered by action in any court having Jursdc
co. And be IL further elItied That If any porlon
all falsely make iUrgsj counterfeit pro-
70 to be naue orgod, OF eited or willingly aid
sAt In lssy making, Ureiag, counteroiti0g any
70 ~ Imitation Of or purporng TO be Imitation Of the
enlaling notes issued under tho provisions Of this act
shall pass, utter or atompt 10 pass utleT, publish,
lAd, iOtged or cOuntertod note, purp5rting 10 10
uoi ly any association tolng banking business nndor
provisions OF this act, knowing the sAuo TO ho falsely
'de iorgod or connterieed Or shall falsely alter
lss Or procure 70 10 falsely Alet0d or willingly aid or
sL III tslsey altsring any such circulating notes. Is
d as aoiesAidi Or shall pass, utor, publish, At
hp 10 pass nttsri or publ H. Us true, any falsely alter
pr spurious circulating note Issued, or purpOrting tu
70 Oven issue1 as AforesAid knowing the samU to DO
sely altered spurious circulating note issued, or
rp5ing 10 have been issued aforesaid fuowIng tho
lla to he falsely altered spurious, every such person
All bu mel and adiudgad guilty Of felony aud being
rsoi convicted ly due Of shall be sentenced
bo Imprisoned aud kept at hard labor for period
e.s than hSe years nor more tsan fifteen years, and
ol IN SUN not exceeding Une thousand dollars.
a.c uJ ARa be il JTiher enaci,d, That ii any person
'l make Or engage, procure b. made or
siafel, or shall hav3 In his custody possession Any
=, ir block after tao simuds of any plate die, Or
ek hum VII ch any circulating nolas issued alofe-
d snail have bseu prepared printed with iuont to
such plate die, or block, suffer the same
be used IN forging counteriiing any Of tho notes
ltd AS aforesaid, shall hnvO u his custody pos
sion Auy blank nOtu notes engraved aud printed
or tho simiudo fany notes issued Aforesaid with
ent to use such blanks cause suffer tho saIno TO
used, In i.rging eouniereiLing any Of the notss
ned afOresad shall have Ia his custody or posses
any paper adapted to the making OF such notes. Il
similar to the paper upon which any such notes shall
been issued, with intent such paper or cause
suffer the ssna to 10 used in forging