There has been an instance where the statute itself has operated to declare the forfeiture;1 but the forfeiture under statutes which define grounds for a forfeiture must be declared by a court.2 Until that declaration no one can plead the forfeiture as against the bank.3 A decree finding the bank insolvent and appointing a receiver is not a declaration of forfeiture.4 The bank still has a corporate existence.5 So, under the national banking act, the appointment of a receiver does not dissolve the corporate franchises.6 Suits pending against the bank are not affected by the appointment, except that the receiver may be substituted.7 The bank may be sued in spite of the appointment of the receiver.8

6 This is a very old proceeding in chancery, and was originally brought by information. It would remain unless abolished. But Attorney-General v. Bank of Niagara, Hopk. Ch. 354, denies this on the authority of Attorney-General v. Utica Ins. Co., 2 Johns. Ch. 371.

7 People v. Superior Court, 100 Cal. 105; Bank Commissioners v. Central Bank, 5 R. L 112; Bank Commissioners v. Bank of Buffalo, 6 Paige, 497.

8 Murray v. American Surety Co., 70 Fed. R 341, 44 U. S. App. 43; People's Sav. Bank v. Superior Court, 103 CaL 27.

9 See Long v. Superior Court, 102 Cal. 449; Saltmarsh v. Planters' Bank, 17 Ala. 761; Jemison v. Planters' Bank, 23 Ala. 168; Savage v. Walshe. 26 Ala. 619; Atwood v. Caldwell, 12 III. 96; Morris v. Thomas, 17 I11. 112; Miners' Bank v. Thomas, 4 G. Greene, 336; Martin v. Belmont Bank, 13 Ohio, 250.

1 Wilson v. Tisson, 12 Ind. 285. See United States v. Church, 5 Utah, 361.

2Atchafalaya Bank v. Dawson, 13 La. 497; Huntsville Bank v. Mc-Geehee, 1 Stew. & P. 306; City Ins. Co. v. Commercial Bank, 68 111. 348; Union Bank v. McDonald, 15 La. 25; Bank of Louisiana v. Green, 20 La. Ann. 214; People v. Bank of Pontiac, 12 Mich. 527; Montgomery v. Merrill, 18 Mich. 338.

3 Hughes v. Bank of Somerset, 5 Litt. 45; Farmers' Bank v. Gasten, 34 Mo. 119. Contra, North Mo. River Bank v. Winkler, 33 Mo. 354

4Ahrens v. State Bank, 3 S. C. 401; Richards v. Attleborough, 148 Mass. 187; Central Bank v. Connecticut Life Ins. Co., 104 U. S. 54.