60 FORTYFIFTH CONGRESS. Sess. II. OH. 96. 1878. by a fine not exceeding ten thousand dollars, and by imprisonment not exceeding one year. Application of Sec. 7. That the said sinking—fund so established and accumulated ¤l¤ki¤S·f¤¤d· shall, at the maturity of said bonds so respectively issued by the United States, be applied to the payment and satisfaction thereof, according to the interest and proportion of each of said companies in said fund, and of all interest paid by the United States thereon, and not reimbursed, subject to the provisions of the next section. Priorities in_ap- Sec. 8. That said sinkingfund so established and accumated shall, P"°*;"°5‘ °f °‘”k‘ according to the interest and proportion of said companies respectively mg` '"'therein, be held for the protection, security, and benefit of the lawful and just holders ofany mortgage or lien debts of such companies respectively, lawfully paramount to the rights of the United States, and for the claims of other creditors, if any, lawfully chargeable upon the funds so required to be paid into said sinking-fund, according to their respective lawful priorities, as well as for the United States, according to the principles of equity, to the end that all persons having any claim upon said sinking-fund may be entitled thereto in due order; but the provisions of this section shall not operate or he held to impair any existing legal right, except in the manner in this act provided, of any mortgage, lien, or other creditor of any of said companies respectively, nor to excuse any of said companies respectively from the duty of discharging, out of other funds, its debts to any creditor except the United States. Liabilities to Sec. 9. That all sums due to the United States from any of said com- H“‘;‘·“g i?;;' 0} panies respectively, whether payable presently or not, and all sums cfm,;',,,,};? y required to be paid to the United States or into the Treasury, or into said sinking-fund under this act, or under the acts hereinbefore referred to, or otherwise, are hereby declared to be a lien upon all the property, estate, rights, and franchises of every description granted or conveyed by the United States to any of said companies respectively or jointly, and also upon all the estate and property, real, personal, and mixed, assets, and income of the said several railroad companies respectively, from whatever source derived, subject to any lawfully prior and para- Right of dis- mount mortgage, lien, or claim thereon. But this section shall not be POW]- construed to prevent said companies respectively from using and disposing of any of their property or assets in the ordinary, proper and lawful course of their current business, in good faith and for valuable consideration. _ Enforcement of Sec. 10. That it is hereby made the duty of the Attorney-General of §'j¤*;*° °*` U'“*°d the United States to enforce, by proper proceeding against the said “ °°‘ several railroad companies respectively or jointly, or against either of them, and others, all the rights of the United States under this act and under the acts hereinbefore mentioned, and under any other act of What to be do- Congress or right of the United States; and in any suit or proceeding
- ¤¤¤¤°d· already commenced, or that may be hereafter commenced, against any
of said companies, either alone or with other parties, in respect of matters arising under this act, or under the acts or rights hereinbefore mentioned or referred to, it shall be the duty of the court to determine the very right of the matter without regard to matters of form, joinder of parties, mnltifariousness, or other matters not affecting the substantial rights and duties arising out of the matters and acts hereinbeiore stated and referred to. Ferfeiture of Sec. 11. That if either of said railroad companies shall fail to per-
- "““°l“°°“· form all and singular the requirements of this act and of the acts hereinbefore mentioned, and of any other act relating to said company,
to be by it performed, for the period of six months next after such performance may be due, such failure shall operate as a forfeiture of all the rights, privileges, grants, and franchises derived or obtained by it l`rom the United States; and it shall he the duty of the Attorney- General to cause such forfeiture to be judicially enforced. Further ¤¤¤¤¤d· Sec. 12. '1`hat nothing in this act shall be construed or taken in any ‘“°““· “’P““r "‘°· wise to affect or impair the right of Congress at any time hereaftcr further
