Page:United States Statutes at Large Volume 18 Part 1.djvu/1085

Trru: Lx1r.—-NATIONAL BANKS.—Ch. 4. 1013 servants of the association to violate any of the provisions of this Title, Ibid·»¤·53iP-U6 all the rights, (privileges, and franchises of the association shall be 1520 J'{§“’· 1gg6·"· thereby forfeite . Such violation shall, however. be determined and ’v` ’p' ` adjudged by a proper circuit, district, or territorial court of the United States, in a suit brought for that purpose by the Comptroller of the Currency, in his own name, before the association shall be declared dissolve . And in cases of such violation, every director who participated in or assented to the same shall be held liable in his personal and individual capacity for all dama es which the association, its shareholders, or any other person, shalghave sustained in consequence of such violation. Sec. 5240. The Comptroller of the Currency, with the a roval of the APP°l“t“‘°"t °f Secretary of the Treasiiry, shall, as often as shall be deeifiled necessary jfgxlonal examor proper, appoint a suitable person or persons to make an examination ·v of the affairs of every banking association, who shall have power to 106 FQ V lé 3 make a thorough examination into all the affairs of the association, and, uall` i in doin so, to examine any of the officers and agents thereof on oath; 19 Rb-, 1875. c- and shall make a full and detailed report of the condition of the associa- 89»"·18·P·329· tion to the Comptroller. [Lbery person. appointed to make such examination shall receirejbr his services at the rate offre dollarsjbr each day by htm employed in such examination, and two dollars or every twenty-five miles he shall necessarily travel an the jzerforrnanee ofhis duty, which shall bepaidhy the association by him escammed. But noperson shall he ap olzz ted to eazamzne the afairs of any hanlcirag association ofwhich he is a director m· other ojieer.] [That all persons appointed to be examiners of national banks not located in the redemption-cities specified in section five thousand one hundred and ninety-two of the Revised Statutes of the United States, or in any one of the States of Oregon, California, and Nevada, or in the Territories, shall receive compensation for such examination as follows: For examining national banks having a capital less than one hundred thousand dollars, twenty dollars; those having a capital of one hundred thousand dollars and less than three hundred thousand dollars, twenty-five dollars; those having a capital of three hundred thousand dollars and less than four hundred thousand dollars, thirtv—five dollars; those having a ca ital of four hundred thousand dollars and less than live hundred thousand dollars, forty dollars; those having a ca ital of five hundred thousand dollars and less than six hundred thousand dollars, fifty dollars; those having a capital of six hundred thousand dollars and over, seventy-five dollars; whic amounts shall be assessed by the Comptroller of the Currency upon, and paid by, the respective associations so examined; and shall be in lieu of the compensation and mileage heretofore allowed for making said examinations, and persons appointed to make examination of national banks in the cities named in section five thousand one hundred and ninety-two of the Revised Statutes of the United States, or in any one of the States of Oregon, California, and Nevada, or in the Territories, shall receive such compensation as may be fixed by the Secretary of the Treasury upon the recommendation of the Comptroller of the Currency; and the same shall be assessed and paid in the manner hereinbefore provided.] Sec. 5421. No association shall be subject to any visitorial powers Limit of visitoother than such as are aiithorized by this Title, or are vested in the ria! powers. courts of justice. Og Y5i;nc,1§864, n, 1 ,s. ,v. ,p.116. Sec. 5242. All transfers of the notes, bonds, bills of exchange, or other 'rransfers, when evidences of debt owing toany national banking association, or of deposits wldto its credit; all assignments of niortgiages, sureties on real estate, or of ]bid_,g_52,p_1]5_ judgments or decrees in its favor; all eposits of money, bullion, or other §(; valuable thin for its use, or for the use of any of its shareholders or Colby, 21 Wg1I_; creditors; and all payments of money to either, made after the commis- 609; (`ase i-. Cit. sion of an act of insolvency, or in contemplation thereof, made with a view Bunk. 2 \V¤<>5is.23; to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another, except I,.0m’,._ Mm, 1{Mf in payment of its circulating notes, shall be utterly null and void; and no Bank, 6Biss., 301,