District attorneys to conduct certain suits. In what courts suits, &c., under prosecuted. post, p. 187. appointed to examine the affairs of any such association, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment not less than five nor more than ten years. SEC. 56. And be it further enacted, That all suits and proceedings arising out of the provisions of this act, in which the United States or its officers or agents shall be parties, shall be conducted by the district attorneys of the several districts, under the direction and supervision of the solicitor of the treasury. SEC. 57. And be it further enacted, That suits, actions, this act may be and proceedings, against any association under this act, may See s. 2, act be had in any circuit, district, or territorial court of the of March 3, 1873, United States held within the district in which such association may be established; or in any state, county, or municipal court in the county or city in which said association Proceedings for is located, having jurisdiction in similar cases: Provided, injunctions to be in what courts. however, That all proceedings to enjoin the comptroller under this act shall be had in a circuit, district, or territorial court of the United States, held in the district in which the association is located. Penalty for mutilating notes fit for reissue. p. 207. SEC. 58. And be it further enacted, That every person who to make them un- shall mutilate, cut, deface, disfigure, or perforate with holes, R. S., 5188, post, or shall unite or cement together, or do any other thing to any bank bill, draft, note, or other evidence of debt, issued by any such association, or shall cause or procure the same to be done, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued by said association, shall, upon conviction, forfeit fifty dollars to the association who shall be injured thereby, to be recovered by action in any court having jurisdiction. Penalty for counterfeiting notes, R. S., 5415, ante, p. 135. SEC. 59. And be it further enacted, That if any person shall falsely make, forge, or counterfeit, or cause or procure to be made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting, any note in imitation of, or purporting to be in imitation of, the circulating notes issued under the provisions of this act, or shall pass, utter, or publish, or attempt to pass, utter, or publish, any false, forged, or counterfeited note, purporting to be issued by any association doing a banking business under the profor knowingly visions of this act, knowing the same to be falsely made, uttering, &c., forged, or counterfeited, or shall falsely alter, or cause or procure to be falsely altered, or willingly aid or assist in falsely altering, any such circulating notes, issued as aforesaid, or shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any falsely altered or spurious cir culating note issued, or purporting to have been issued, as aforesaid, knowing the same to be falsely altered or spurious, every such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law shall be sentenced to be imprisoned and kept at hard labor for a period of not less than five years, nor more than fifteen years, and fined in a sum not exceeding one thousand dollars. notes, &c., with SEC. 60. And be it further enacted, That if any person for engraving, shall make or engrave, or cause or procure to be made or forging notes, &c., plates for engraved, or shall have in his costody or possession any &c., plate, die, or block after the similitude of any plate, die, or block from which any circulating notes issued as aforesaid shall have been prepared or printed, with intent to use such plate, die, or block, or cause or suffer the same to be used, in forging or counterfeiting any of the notes issued as aforesaid, or shall have in his custody or for having blank possession any blank note or notes engraved and printed intent, after the similitude of any notes issued as aforesaid, with intent to use such blanks, or cause or suffer the same to be used, in forging or counterfeiting any of the notes issued as aforesaid, or shall have in his custody or possession any for having paper, paper adapted to the making of such notes, and similar to the paper upon which any such notes shall have been issued, with intent to use such paper, or cause or suffer the same to be used, in forging or counterfeiting any of the notes issued as aforesaid, every such person, being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept to bard labor for a term not less than five or more than fifteen years, and fined in a sum not exceeding one thousand dollars. SEC. 61. And be it further enacted, That it shall be the duty of the comptroller of the currency to report annually to congress at the commencement of its session First. A summary of the state and condition of every association from whom reports have been received the preceding year, at the several dates to which such reports refer, with an abstract of the whole amount of banking capital returned by them, of the whole amount of their debts and liabilities, the amount of circulating notes outstanding, and the total amount of means and resources, specifying the amount of lawful money held by them at the times of their several returns, and such other information in relation to said associations as, in his judgment, may be useful. Second. A statement of the associations whose business has been closed during the year, with the amount of their circulation redeemed and the amount outstanding. &c. Comptroller to to Congress. report annually R. S., 333, post, p. 188. Contents of re port. Contents of comptroller's report to Congress. Repeal of act of 1863, ch. 58, vol. 12. Third. Any amendment to the laws relative to banking by which the system may be improved, and the security of the holders of its notes and other creditors may be increased. Fourth. The names and compensation of the clerks employed by him, and the whole amount of the expenses of the banking department during the year. And such report shall be made by or before the first day of December in each year, and the usual number of copies for the use of the senate and house, and one thousand copies for the use of the department, shall be printed by the public printer and in readiness for distribution at the first meeting of congress. SEC. 62. And be it further enacted, That the act entitled "An act to provide a national currency, secured by a pledge of United States stocks, and to provide for the circulation and redemption thereof," approved February twentyfifth, eighteen hundred and sixty-three, is hereby repealed: Saving clauses. Provided, That such appeal shall not affect any appoint. ments made, acts done, or proceedings had, or the organi zation, acts, or proceedings of any association organized or in the process of organization under the act aforesaid: And provided, also, That all such associations so organized or in progress of organization shall enjoy all the rights and privileges granted, and be subject to all the duties, liabili ties, and restrictions imposed by this act, and with the ap proval of the comptroller of the currency, in lieu of the name specified in their respective organization certificates, may take any other name preferred by them and duly certified to the comptroller, without prejudice to any right acquired under this act, or under the act hereby repealed; but no such change shall be made after six months from the passage of this act: Provided, also, That the circulation issued or to be issued by such association shall be considered as a part of the circulation provided for in this act. Executors, trusSEC. 63. And be it further enacted, That persons holding tees, &c., holding stock, not to be stock as executors, administrators, guardians, and trustees, personally liable. shall not be personally subject to any liabilities as stockholders; but the estates and funds in their hands shall be liable in like manner and to the same extent as the testator, intestate, ward, or person interested in said trust-funds would be if they were respectively living and competent to act and hold the stock in their own names. Act may be altered or repealed. SEC. 64. And be it further enacted, That congress may at any time amend, alter, or repeal this act. Approved, June 3, 1864. March 3, 1865. Vol. XIII, p. CHAP. LXXXII.-AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-one of said act be so amended that said section shall read as follows: Ante, p. 162. ciations af.cr bonds, may re notes. of amount of notes SEC. 21. And be it further enacted, That upon the trans- Banking assofer and delivery of bonds to the treasurer, as provided in transfer, &c., of the foregoing section, the association making the same shall ceive circulating be entitled to receive from the comptroller of the currency circulating notes of different denominations, in blank, registered and countersigned as hereinafter provided, equal in amount to ninety per centum of the current market value of the United States bonds so transferred and delivered, but not exceeding ninety per centum of the amount of said Limit bonds at the par value thereof, if bearing interest at a rate to be received. not less than five per centum per annum; and the amount., 5171, of said circulating notes to be furnished to each association shall be in proportion to its paid-up capital as follows, and no more: To each association whose capital shall not exceed five hundred thousand dollars, ninety per centum of such capital; to each association whose capital exceeds five hundred thousand dollars, but does not exceed one million dollars, eighty per centum of such capital; to each association whose capital exceeds one million dollars, but does not exceed three millions of dollars, seventy-five per centum of such capital; to each association whose capital exceeds three millions of dollars, sixty per cent. of such capital. And Apportionment that one hundred and fifty millions of dollars of the entire culation. amount of circulating notes authorized to be issued shall be apportioned to associations in the states, in the District of Columbia, and in the territories, according to representative population, and the remainder shall be apportioned by the Secretary of the Treasury among associations formed in the several states, in the District of Columbia, and in the territories, having due regard to the existing banking capital, resources, and business of such states, district, and territories. Approved, March 3, 1865. of authorized cir CHAP. XXXII.-AN ACT TO PREVENT LOANING MONEY UPON UNITED Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no Feb. 19, 1869. Vol. XV, p. 270. ciations not to Un ted States bold them from use, &c. post, p. 200. Banking ass-national banking association shall hereafter offer or receive lean money upon United States notes or national bank notes as security or n tes, nor with as collateral security for any loan of money, or for a consideration shall agree to withhold the same from use, or shall Ste S., 5207, offer or receive the custody or promise of custody of such notes as security, or as collateral security, or consideration for any loan of money; and any national banking associa tion offending against the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof in any United States court having jurisdiction shall be pun. ished by a fine not exceeding one thousand dollars, and by a further sum equal to one-third of the money so loaned; and the officer or officers of said bank who shall make such loan or loans shall be liable for a further sum equal to one quarter of the money so loaned; and the prosecution of such offenders shall be commenced and conducted as provided for the punishment of offences in an act to provide a national currency, approved June third, eighteen hundred and sixty-four, and the fine or penalty so recovered shall be for the benefit of the party bringing such suit. Penalty. Ante, p. 153. Approved, February 19, 1869. March 3, 1869. Vol. XV, p. 326. ciations to make reports each year currency. ante, p. 169. Reports, how exhibit what; CHAP. CXXX.-AN ACT REGULATING THE REPORTS OF NATIONAL Be it enacted by the Senate and House of Representatives of Banking asso- the United States of America in Congress assembled, That in not less than five lieu of all reports required by section thirty-four of the nato comptroller of tional currency act, every association shall make to the 1864, c. 106, s. comptroller of the currency not less than five reports dur34, vol. 13, p. 109, ing each and every year, according to the form which may be prescribed by him, verified by the oath or affirmation of verified and to the president or cashier of such association, and attested by the signature of at least three of the directors; which report shall exhibit, in detail and under appropriate heads, the resources and liabilities of the association at the close of business on any past day to be by him specified, and shall to be sent to transmit such report to the comptroller within five days in five days after after the receipt of a request or requisition therefor from therefor; him; and the report of each association above required, in to be published in the same form in which it is made to the comptroller, shall be published in a newspaper published in the place where such association is established, or if there be no newspaper in the place, then in the one published nearest thereto in Proof of pub the same county, at the expense of the association; and such proof of publication shall be furnished as may be re comptroller with receipt of request a newspaper. lication. |