116 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 106. 1864. thereofQ with a view to prevent the application of its assets in the mauncr prescribed by this act, or with a view to the preference of one creditor to another, except in payment of its circulating notes, shall be utterly null and void. Penalty upon Sec. 53. And be it further enacted, That if the directors of any associag;;9¤*¤¤ff2;iVi°· tion shall knowingly violate, or knowingly perm1t any of the officem ,m_°"°° S agents, or servants of the association to violate any of the provisions Oi this act, all the rights, privileges, and franchises of tho association derived Violation, how from this act shall be thereby forfcitcd. Such violation shall, however,
- 0 b° d°*°’mi¤°d· be determined and adjudged by a propcr circuit, district, or tcrrimrial
court of tho United States, in a. suit brought for that purpose by the comptroller of the currency, in his own namc, before the association shall be declared dissolved. And in cases of such violation, every director who hmm} HW participated in or asscntcd to the same shall- be held liable in his personal bility. and individual capacity for all damages which the association, its sharcholders, or any other person, shall have sustained in consequence of such violation. Gompucuer Sec. 54. And be it _/futher enacted, That the comptroller of the cur-
- ‘;Yt
- !;§=‘;:$I£%°" rcucy, with the approbation of the Secretary of the Treasury, as often as
the mms of any shall be deemed necessary or proper, shall appoint a. suitable ·pcrson or ¤¤¤¤¤i¤*i<>¤- persons to make an examination of the aifairs of every bmking association, which person shall not be a director or other officer in any association whbsc affairs ho shall be appointed to examine, and who shall have power to make a thorough examination into all the affairs of tho association, and, Duty of such in doing so,to examine any of the officers and agents thereof on oath; and ¤¤ml¤°'· shall make a full and detailed report of the condition of the association to the comptroller. And the association shall not be subject to any other visitorial powers than such as arc authorized by this act, except such as are vested in the several courts of law and chauccry. And every poison appointed to make such examination shall receive for his services at the p,,y_ rate of five dollars for each day by him employed in such examination, and two dollars for every twenty-fivc miles he shall ncccssarily travel in the pcrfonmalncc of his duty, which shall be paid by the association by him examine . Pcnalzcupou Sec. 55. And be it jitrtlaew enacted, That every president, director,
- §;::{:h0u·¥°';_*` cashier, teller, clerk, or agent of any association, who shall cmbczzle,
embezzlement, abstract, or wilful1y misapply any of the moneys, funds, or credits of the &¤·, of f¤¤dS- association, or shall, without authority from the directors, issue or put in circulation any of the notes of the association, or shall, without such authority, issue or put forth any certificate of deposit, draw any order or bill of exchange, make any acceptance, assign any note, bond, draft, bill of exchange, mortgage, judgment, or decree, or shall make any false entry in any book, report, or statement of the association, with intent, in either case, to injure or defraud the association or any other company, body politic or corporate, or any individual person, or to deceive any ofnccr of' the association, or any agent appointed to examine the aifairs of any such association, shall be. deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment not loss than five nor more t an ten years. District mm-. Sec. 56. And be it furt/wr enacted, That all suits and proceedings €3;;i:;’§:i*:g“°* ageing out of the groyigions of this act, in whifh the.`United States or its o ccrs or- agents s a s artics, shall be con uctcd b the district attorneys of the several districis, undcr the direction and Jsupcrvision of the solicitor of the treasury. Inwhat ,,0,,,;,, Sec. 57. And be it jinrtlaer enacted, That suits, actions, and proceed-
- l§;¤£c$:¤I;:¤%¤f ingsnagainst any association under this act, may be had in any circuit,
Pmmutemy ° dmtuct, or territorial court of the United States held within the district m which such association may be cstablishcd; or in any state, county, or municipal court in the county or city in which said association is located,
