States, or who brings into the United States from any foreign place any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States, or who has or retains in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury or some other proper officer of the United States, shall be punished by a fine of not more than five thousand dollars, or by imprisonment at hard labor not more than fifteen years, or by both.

141. Penalty for Passing, Selling, &c., Counterfeits. SECTION 5431.-Every person who, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States with intent to pass, publish, utter, or sell, or keeps in possession or conceals with like intent any falsely made, forged, counterfeited, or altered obligation, or other security of the United States, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than fifteen years.

142. Penalty for Taking Impressions of Implements, &c. SECTION 5432.—Every person who, without authority from the United States, takes, procures, or makes, upon lead, foil, wax, plaster, paper, or any other substance or material, an impression, stamp, or imprint of, from, or by the use of any bed-plate, bed-piece, die, roll, plate, seal, type, or other tool, implement, instrument, or thing used or fitted or intended to be used, in printing, stamping, or impressing, or in making other tools, implements, instruments, or things, to be used, or fitted, or intended to be used, in printing, stamping, or impressing any kind or description of obligation or other security of the United States, now authorized or hereafter to be authorized by the United States, or circulating note or evidence of debt of any banking association under the laws thereof, shall be punished by imprisonment at hard labor not more than ten

years, or by a fine of not more than five thousand dollars, or both.

143. Penalty for Having Impression of Implements, &c. SECTION 5433.-Every person who, with intent to defraud, has in his possession, keeping, custody, or control, without authority from the United States, any imprint, stamp, or impression, taken or made upon any substance or material whatsoever, of any tool, implement, instrument, or thing, used or fitted, or intended to be used, for any of the purposes mentioned in the preceding section; or who, with intent to defraud, sells, gives, or delivers any such imprint, stamp, or impression to any other person, shall be punished by imprisonment at hard labor not more than ten years, or by a fine of not more than five thousand dollars.

144. Penalty for Buying or Selling Counterfeits, &c.

SECTION 5434.-Every person who buys, sells, exchanges, transfers, receives, or delivers, any false, forged, counterfeited, or altered obligation or other security of the United States, or circulating note of any banking association organized or acting under the laws thereof, which has been or may hereafter be issued by virtue of any act of Congress, with the intent that the same be passed, published, or used as true and genuine, shall be imprisoned at hard labor not more than ten years, or fined not more than five thousand dollars, or both.

145. Penalty for Officers Using Notes, &c., of Closed Banks. SECTION 5437.-In all cases where the charter of any corporation which has been or may be created by Act of Congress has expired or may hereafter expire, if any director, officer, or agent of the corporation, or any trustee thereof, or any agent of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose of paying or redeeming its notes and obligations, knowingly issues, reissues, or utters as money, or in any other way knowingly puts in circulation any bill, note, check, draft, or other security purporting to have been made by any such corporation whose charter has expired, or by any officer thereof, or purporting to have been made under authority derived there

from, or if any person knowingly aids in any such act, he shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not less than one year nor more than five years, or by both such fine and imprisonment. But nothing herein shall be construed to make it unlawful for any person, not being such director, officer, or agent of the corporation, or any trustee thereof, or any agent of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose herein before set forth, who has received or may hereafter receive such bill, note, check, draft, or other security, bona fide and in the ordinary transactions of business, to utter as money or otherwise circulate the same.

This section was an Act originally passed in 1837 to apply to the second Bank of the United States, the charter of which had then just expired. For some reason or other the compilers embodied this old Act in the Revised Statutes.

146. Receiving Public Moneys unless Depositary; Penalty. SECTION 5497.—Every banker, broker, or other person not an authorized depositary of public moneys, who knowingly receives from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or who uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law, and every president, cashier, teller, director, or other officer of any bank or banking association, who violates any of the provisions of this section, is guilty of an act of embezzlement of the public money so deposited, loaned, transferred, used, converted, appropriated, or applied, and shall be punished as prescribed in section fifty-four hundred and eighty-eight.

See Sections 3639 and 3651 of U. S. Revised Statutes.

It will be seen from this section that all banks other than public depositaries are put on notice in regard to dealings with disbursing officers, &c., of the United States. If the provisions of this section are violated, such violation constitutes embezzlement. Sections 3639 and 3651 of the Revised Statutes are also of importance to bankers. They have reference to public moneys.

CHAPTER IX.

* SUITS, JURISDICTION, AND EVIDENCE.

147. National Bank Suits in Jurisdiction of District Courts. SECTION 563.-The District Courts shall have jurisdiction as follows:

Fifteenth. Of all suits by or against any association established under any law providing for National banking associations within the district for which the court is held.

The general subject of jurisdiction will be treated at length at the close of Section 380, page 84.

148. National Banks; Suits in Circuit Courts; to Enjoin

Comptroller, &c.

SECTION 629.-The Circuit Courts shall have original jurisdiction as follows:

Tenth. Of all suits by or against any banking association established in the district for which the court is held, under any law providing for National banking associations. †

Eleventh. Of all suits brought by any banking association established in the district for which the court is held, under the provisions of Title "THE NATIONAL BANKS,” to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by said Title.‡

149. Exclusive Jurisdiction of U. S. Courts in Suits for

Penalties, &c.

SECTION 711.-The jurisdiction vested in the courts of the

* Jurisdiction of courts amended by proviso in Section 4 of Act of July 12th, 1882, page 108.

Kennedy v. Gibson, 8 Wall., 506.

See Act of February 18th, 1875, correcting Revised Statutes, page 97.

United States, in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several States:

Second. Of all suits for penalties and forfeitures incurred under the laws of the United States.

150. In what Courts Suits may be Brought. SECTION 5198.*-Suits, actions, and proceedings against any association under this Title may be had in any circuit, district, or territorial court of the 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 is located, having jurisdiction in similar cases.

See Act of February 18th, 1875, correcting Revised Statutes, page 97.

151. No Attachment before Final Judgment in State Court. SECTION 5242.*-No attachment, injunction, or execution shall be issued against such association or its property before final judgment in any suit, action, or proceeding, in any State, county, or municipal court.

152. Proceedings to Enjoin Comptroller, where had. SECTION 736.-All proceedings by any National banking association to enjoin the Comptroller of the Currency, under the provisions of any law relating to National banking associations, shall be had in the district where such association is located.

See Section 5237, page 68.

153. United States District Attorney to Conduct Suits. SECTION 380.-All suits and proceedings arising out of the provisions of law governing National banking associations, in which the United States or any of 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.

Jurisdiction. In the original Act of February 25th, 1863, the only provisions in regard to suits brought by or against National banks were contained in Sections 11, 29, 55, and 59. Section 11 provided that National banking associations may

*For parts of Sections 5198 and 5242, see also pages 43 and 70.