This was an indictment against Nelson F. Evans, a director of a national banking association, for willful misapplication of its funds. A demurrer was overruled, and defendant convicted, and motions for a new trial and in arrest of judgment were denied. Defendant brought error.
The indictment contained 146 counts, upon all of which, except 24, a nolle pros. was entered. A demurrer was filed to all these remaining counts, which was overuled. The defendant was then arraigned, pleaded not guilty, was put upon trial, and convicted upon all the 24 counts, and sentedced to five years' imprisonment. A motion for a new trial and in arrest of judgment being overruled, defendant sued out this writ, assigning as error the action of the court in overruling his demurrer, and in refusing to arrest the judgment on account of the insufficiency of the indictment. The case was originally argued in this court upon the sufficiency of all these counts, and a reargument subsequently ordered upon the eighth, nith, tenth, and fourteenth.
H. L. Carson and R. E. Shapley, for plaintiff in error.
This case involves the sufficiency of an indictment for the willful misapplication of the funds of a national bank, in violation of section 5209, Rev. St.
A rule of criminal pleading which at one time obtained in some of the circuits, and perhaps received a qualified sanction from this court in U. S. v. Mills, 7 Pet. 138, that an indictment for a statutory misdemeanor is sufficient if the offense be charged in the words of the statute, must, under more recent decisions, be limited to cases where the words of the statute themselves, as was said by this court in U. S. v. Carll, 105 U. S. 611, 'fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offfense intended to be punished.' The crime must be charged with precision and certainty, and every ingredient of which it is composed must be accurately and clearly alleged. U. S. v. Cook, 17 Wall. 174; U. S. v. Cruikshank, 92 U. S. 542, 558. 'The fact that the statute in question, read in the light of the common law, and of other statutes on the like matter, enables the court to infer the intent of the legislature, does not dispense with the necessity of alleging in the indictment all the facts necessary to bring the case within that intent.' U. S. v. Carll, 105 U. S. 611.
Even in the cases of misdemeanors, the indictment must be free from all ambiguity, and leave no doubt in the minds of the accused and the court of the exact offense intended to be charged, not only that the former may know what he is called upon to meet, but that, upon a plea of former acquittal or conviction, the record may show with accuracy the exact offense to which the plea relates. U. S. v. Simmons, 96 U. S. 360; U. S. v. Hess, 124 U. S. 483, 8 Sup. Ct. 571; Pettibone v. U. S., 148 U. S. 197, 13 Sup. Ct. 542; In re Greene, 52 Fed. 104.
The section in question in this case was before this court in U. S. v. Britton, 107 U. S. 655, 2 Sup. Ct. 512, in which the willful misapplication made an offense by this statute was defined to be 'a misapplication for the use, benefit, or gain of the party charged, or of some company or person other than the association,' and that to constitute such an offense there must be a conversion to the use of the offender, or of some one else, of the moneys or funds of the association by the party charged. It was said that a count which merely charged a maladministration of the affairs of the bank, rather than a criminal misapplication of its funds, was insufficient. 'It would not,' said Mr. Justice Woods, 'be sufficient simply to aver that the defendant 'willfully misapplied' the funds of the association. * * * There must be averments to show how the application was made, and that it was an unlawful one.' The case again came before this court in 108 U. S. 199, 2 Sup. Ct. 531; and it was then held that the declaring of a dividend by the association when there were no net profits to pay it was not a criminal application of its funds, but an act of maladministration, which, while it might subject the association to a forfeiture of its charter, and the directors to a personal liability for damages, did not render them liable to a criminal prosecution. Again, in U. S. v. Northway, 120 U. S. 327, 7 Sup. Ct. 580, it was held not to be necessary to charge that the moneys and funds alleged to have been misapplied had been previously intrusted to the defendant, since a willful and criminal misapplication of such funds might be made by its officer or agent without having previously received them into his manual possession. See, also, Claassen v. U. S., 142 U. S. 140, 12 Sup. Ct. 169.
The counts of this indictment may be divided into three general classes: First, those charging the defendant with procuring the surrender and delivery to himself of the funds of the bank, and which, for convenience, may be termed the 'surrender and delivery' counts; second, those based upon the illegal discount of unsecured paper, and which may be termed the 'unlawful discount' counts; and, third, those in which the defendant is accused of fraudulently overdrawing his own account at the bank, and which may be termed the 'overdraft' counts.
1. The eighth, one of the 'surrender and delivery' counts, charges, in substance, that on May 8, 1891, Evans did knowingly, willfully, unlawfully, and fraudulently aid and abet one Harry H. Kennedy, cashier of the bank, to willfully misapply certain moneys, funds, and credits belonging to the bank, for the use, benefit, and advantage of the said Evans, with intent in him, the said Evans, to injure and defraud the bank; that is to say, that the said cashier did knowingly, unlawfully, fraudulently, and willfully, and with intent to injure and defraud the bank, misapply the sum of $7,500, to wit, a promissory note dated November 10, 1890, made and drawn by A. B. Nettleton for this amount, due March 13, 1891, which had been theretofore discounted by the bank, was then overdue and unpaid, and was held by the bank as and for funds and credits, as aforesaid. Whereupon, the said cashier, with intent to injure and defraud the bank, did willfully, knowingly, and fraudulently misapply the same, by surrendering and delivering the note to Evans without receiving payment therefor for the bank; and the said Evans did there, knowingly and unlawfully, aid and abet the said cashier in such willful misapplication, with intent in him, said Evans, to injure and defraud the bank.
The ninth and tenth counts did not differ from the eighth, except in describing other notes made by Nettleton, of different dates and amounts.
The same objection was taken to all of them, viz. that there was no averment that the defendant did not receive such notes as an agent for collection, or to secure their renewal, and subsequently failed to account for the same to the bank for proceeds or renewals, and, further, that there was no averment that the bank did not, either at the time of the surrender, or at any subsequent time, receive security, value, or renewal notes therefor, and no averment that the bank had been in any manner a loser thereby.
In answer to the first objection,that there was no averment that the defendant did not receive the notes as an agent for collection, or to secure their renewal,it is sufficient to say that the count charges defendant with willfully misappropriating the money and credits of the bank for his own use, benefit, and advantage, and with intent to defraud the bank, and that the object of the subsequent language of the count is rather to identify the property misapplied, than to charge a distinct offense, although the allegation of a willful misappropriation with intent to defraud is repeated. The count charges, as ingredients of the crimeFirst, that the defendant knowingly, willfully, unlawfully, and fraudulently aided and abetted the cashier; second, in willfully misappropriating the funds and credits of the bank; third, that he did this for his own use and benefit; fourth, with intent to defraud the bank; fifth, the credit misapplied is then described as a note of one Nettleton, which was then overdue and unpaid; sixth, the manner of the misapplication is then set forth as consisting in the surrender and delivery of the same to the defendant, without receiving any part of the sum represented by the note.
Every element of the offense being set forth in the earlier part of the count, there was no necessity of repeating it when the particular credit misapplied is described, nor of negativing every possible theory consistent with an innocent delivery of the note to the defendant. This requirememt would have the effect of limiting the government to allegations it might be wholly unable to prove, and without subserving any useful purpose to the defendant. While the rules of criminal pleading require that the accused shall be fully apprised of the charge made against him, it should, after all, be borne in mind that the object of criminal proceedings is to convict the guilty, as well as to shield the innocent; and no impracticable standards of particularity should be set up, whereby the government may be entrapped into making allegations which it would be impossible to prove. The note might have been delivered to the defendant for a score of honest purposes, which it would be utterly impossible to anticipate. Neither in criminal nor in civil pleading is it required to anticipate or negative a defense. 'Where there is no question of variance, * * * the indictment need not, by way of negative, introduce matter of defense when it is drawn on a statute, any more than when it is at common law.' 1 Bish. Cr. Pros. § 638. 'In general,' says Chitty, 'all matters of defense must come from the defendant, and need not be anticipated or stated by prosecutor.' 1 Chit. Cr. Law, 231. See, also, U. S. v. Cook, 17 Wall. 173. The general words of a fraudulent misapplication to the use and benefit of the defendant, and of an intent by so doing to defraud the bank, are of themselves inconsistent with an honest purpose. Indeed, the word 'surrender' carries with it something more than a bare delivery, and indicates a transfer of title as well as of possession.
It was equally unnecessary to charge that the bank did not, either at the time of surrendering, or at any subsequent time, receive security, value, or renewals for the notes surrendered, or that it had been the loser by such surrender, since there was an allegation that the surrender was made without receiving therefor, for the bank, the sum represented by the notes, or any part thereof. If it did receive such value thereafter, it was clearly a matter of defense. The misdemeanor was complete when the note was fraudulently misapplied to the use of the defendant, with intent to defraud the bank; and, if the bank subsequently saved itself from loss, it was a matter to be proven by the accused, if, indeed, it were any defense at all. If, at the time of the surrender, the bank received security, value, or renewals, as a part of the same transaction, this would undoubtedly be a defense; but if the accused subsequently repented, and indemnified the bank, or the latter was able to protect itself from loss, it is very doubtful whether this would inure to the benefit of the defendant, or purge him of the charge. 2 Bish. Cr. Law, § 796; Reg. v. Phetheon, 9 Car. & P. 552; Reg. v. Peters, 1 Car. & K. 245; State v. Scott, 64 N. C. 586; Whart. Cr. Law, § 1797.
2. The fourteenth count, which may be treated as a representative of all the 'unlawful discount' counts, charged, in substance, that Evans, knowingly, willfully, unlawfully, and fraudulently, aided and abetted the cashier to willfully misapply the money, funds, and credits of the bank for the use, benefit, and advantage of the defendant, with the intent on defendant's part to injure and defraud the bank, in that the said cashier, knowingly, unlawfully, fraudulently, and willfully, with the intent to defraud the bank, and for the use, etc., of the said Evans, misapplied the sum of $15,000, by receiving and discounting, with the money and funds of the bank, a note made by Evans for this amount (giving copy), which note, when so discounted, 'was not then and there well secured,' as the cashier and Evans both well knew, and which note was never paid, by reason of which the bank suffered loss in this amount, with intent, in the said Evans, to injure and defraud the bank.
While the mere discount of an unsecured note, even if the marker and the officer making the discount knew it was not secured, would not necessarily be a crime, if the maker believed that he would be able to provide for it at maturity, yet if his original intent was to procure the note to be discounted in order to defraud the bank, as charged in this count, every element of criminality is present. The case is not unlike that of purchasing goods or obtaining credit. If a person buy goods on credit, in good faith, knowing that he is unable to pay for them at the time, but believing that he will be able to pay for them at the maturity of the bill, he is guilty of no offense, even if he be disappointed in making such payment. But if he purchases them, knowing that he will not be able to pay for them, and with an intent to cheat the vendor, this is a plain fraud, and made punishable as such, by statutes, in many of the states. In this particular of an intent to defraud, the case is distinguishable from that of U. S. v. Britton, 108 U. S. 193, 2 Sup. Ct. 526, in which the charge was that the defendant, being president and director of the association, and being insolvent, procured his own note to be discounted, the same not being well secured, the payee and the indorser thereof being also insolvent, which he, defendant, well knew. The incriminating facts were that the note was not well secured, and that both the maker and indorser were, to the knowledge of the defendant, insolvent when the note was discounted. The question there presented was whether the procuring of the discount of such a note by an officer of the association was a willful misapplication of its moneys, within the meaning of the law. It was held that it was not. The criminality really depends upon the question whether there was at the time of the discount a deliberate purpose on the part of the defendant to defraud the bank of the amount.
It is objected, however, to this count, that there was no averment that the cashier, in discounting the note, acted in excess of his powers, or outside of his rgular duties, nor was there any averment that the cashier was not the duly authorized officer of the bank to discount paper, nor was there any averment that the discount was procured by any fraudulent means, or that Evans was at the time of such discount insolvent, or knew himself to be so. It was held by this court in Bank of U. S. v. Dunn, 6 Pet. 51, that the power to discount paper was not one of the implied powers of the cashier, and this is believed to be the law at the present day. Morse, Banks, § 117. If the directors of this bank had authorized their cashier, either generally, or in this particular case, to discount paper, it was clearly matter of defense. But even if he did possess such power, and willfully abused it by discounting notes which he knew to be worthless, and did this with deliberate intent to defraud the bank, it is not perceived that his criminality is any less than it would have been if he had acted beyond the scope of his authority.
No averment was necessary that such discount was procured by fraudulent means, since the offense consists, not in the use of fraudulent means, but in the discount of a note which both parties know to be unsecured, with the intent thereby to defraud the bank. An averment that Evans was at the time insolvent, or knew himself to be so, was also unnecessary, in view of the allegation that Evans knew that the note was not secured, and procured the same to be discounted with intent to defraud the bank. The argument of the defendant, in this connection, assumes that under no circumstances is the discount of a note, which all parties know to be worthless, an offense, under the statute, even though such discount be made for the deliberate purpose of defrauding the bank out of the proceeds of the note so discounted. We do not see how it is possible to give such an interpretation to the statute without a practical nullification of its provisions.
Defendant's entire criticism upon these counts seems to be founded upon the hypothesis that no weight whatever is to be given the words 'knowingly, willfully, unlawfully, and fraudulently,' or to the general allegation of an intent to defraud,in short, that these words are mere surplusage. Where, however, the statute uses words which are not absolutely inconsistent with an honest purpose, such as was held by this court in Britton's Case were the words 'will-fully misapplied,' the allegation of an intent to defraud becomes material, in the highest degree. In fact, the gravamen of the offense consists in the evil design with which the misapplication is made, and a count which should omit the words 'willfully,' etc., and 'with intent to defraud,' would be clearly bad. While it is entirely true that an allegation of fraud is insufficient, either in an indictment or in a bill in equity, without giving the particulars of the fraud, an intent to defraud is only to be gathered by the jury from all the facts and circumstances of the case. There is no greater need of setting out the evidence to prove such intent than there would be of averring in detail the evidence of a scienter, or of any other fact material to the offense. Where the intent is a material ingredient of the crime, it is necessary to be averred; but it may always be averred in general terms, as in a case of assault with intent to kill. So, in an indictment for murder, it is necessary to aver that the killing was done 'willfully, feloniously, and of malice aforethought;' but the evidence that it was so done, though necessary to be given, is not necessary to be set forth. This subject, however, was so fully considered by this court in U. S. v. Simmons, 96 U. S. 360, that it is needless to dwell upon it more at length here. In that case the indictment averred that the defendant 'did knowingly and unlawfully engage in and carry on the business of a distiller * * * with intent to defraud the United States of the tax on the spirits distilled by him.' It was held not to be necessary to state the particular means by which the United States was to be defrauded of the tax. 'The defendant,' said the court, 'is entitled to a formal and substantial statement of the grounds upon which he is questioned, but not to such strictness in averment as might defeat the ends of justice. The intent to defraud the United States is of the very essence of the offense; and its existence in connection with the business of distilling, being distinctly charged, must be established by satisfactory evidence. Such intent may, however, be manifested by so many acts upon the part of the accused, covering such a long period of time, as to render it difficult, if not wholly impracticable, to aver, with any degree of certainty, all the essential facts from which it may be fairly inferred.' 'The means of effecting the criminal intent,' says Mr. Wharton, 'or the circumstances evincive of the design with which the act was done, are considered to be matters of evidence to go to the jury to demonstrate the intent, and not necessary to be incorporated in an indictment.' 1 Whart. Cr. Law, § 292.
A general verdict of guilty was rendered upon all the counts of this indictment upon which a nolle prosequi was not entered, and, as such verdict should stand if any one of the counts is goods, it will not be necessary to consider them in any further detail. Claassen v. U. S., 142 U. S. 140, 12 Sup. Ct. 169.
Mr. Justice FIELD dissented. See opinion, 14 Sup. Ct., infra.
I am unable to concur in the judgment of the court in these cases, or in the opinion upon which it is founded. The two cases arise out of the same state of facts, are similar in essential particulars, and were argued together.
The indictments originally contained several hundred counts, charging over 150 different offenses, but as to a large number of the counts a nolle prosequi was entered. The number retained was still large, amounting to 23 in one indictment, and 57 in the other. To them, demurrers were filed and overruled. The defendant was then arraigned, and pleaded not guilty; and, upon the issues, a jury was called, and trials had, which resulted in conviction in both cases. A motion for a new trial in each case was overruled. Subsequently, a motion in arrest of judgment, upon substantially the same grounds as those urged in support of the demurrers prior to the pleas, was made. This motion was also overruled; and the defendant was then sentenced, upon the conviction, under one of the indictments, to imprisonment in the penitentiary for the term of five years, and, upon the conviction under the other indictment, to a like imprisonment for the term of two years following the expiration of the previous imprisonment. The cases are brought to this court upon writs of error to review these judgments.
The counsel of the defendant has given the court much assistance in the consideration of the cases, by the careful analysis he has made of the different counts. These are so numerous, presenting in many of them the same charge with confusing variations, as to obscure, rather than to render clear, the real offenses intended.
In the indictment in Case No. 923, 14 Sup. Ct. 939, the offense charged against the defendant in the first four counts is set forth in the most general way. In the first of these four, the defendant is charged, as a director, with willfully misapplying the funds and credits of the bank. In the second, he is charged with conspiring with officers of the bank to willfully misapply its money and credits. In the third, he is charged with aiding and abetting the president of the bank to misapply its moneys, funds, and credits. In the fourth count, he is charged with aiding and abetting the cashier of the bank in a similar misapplication. A demurrer was interposed to each of these four general counts on the ground that it did not specify the means whereby the alleged misapplication was made, and show that they were unlawful.
The remaining counts of the indictment are more specific, some of them charging the defendant, as a director, with misapplying moneys, funds, and credits by depositing checks and obtaining fictitious credits thereon; others charging him with aiding and abetting the president in misapplying funds and credits in the same manner; others, with aiding and abetting the cashier in a like misapplication of the funds; others, with aiding and abetting the president in misapplying funds by surrendering notes; others, with aiding and abetting the president in misapplying the funds by discounting unsecured notes of the defendant; others, with misapplying the funds through overdrafts; others, with aiding and abetting the president to misapply the funds through overdrafts.
In the indictment in Case No. 922, 14 Sup. Ct. 934, the defendant in some of the counts is charged with aiding and abetting the cashier in misapplying the funds of the bank by surrendering to the defendant unpaid notes, which the bank had discounted, and still held, without receiving for them the amount thereof, or any part of it; in some, also, with aiding and abetting the cashier to misapply the funds by discounting unsecured notes; in some, also, with aiding and abetting the cashier to misapply the funds through overdrafts.
For the disposition of these cases, it is not necessary to pass upon each count separately. In the first instance, the general counts will be considered, and then an examination made as to the sufficiency of the specific counts upon which the government chiefly relies to sustain the prosecution. If they will not bear the scrutiny given to them, none will. The grounds of the demurrer to them will be designated when the counts are separately considered.
With reference to indictments for statutory offenses, there are certain rules which govern their construction. It is usually sufficient, in such cases, to set forth the offense in the language of the statute, if it be accompanied by a statement of such facts and circumstances as will inform the accused of the specific offense, coming under the general description of the statute, with which he is charged. He must be apprised by the indictment, with reasonable certainty, of the nature of the accusation against him, in order that he may be able to prepare for his defense, and also, in case of conviction or acquittal, that he may plead the judgment in bar of further proceedings. U. S. v. Simmonds, 96 U. S. 360; U. S. v. Hess, 124 U. S. 483, 8 Sup. Ct. 571.
A mere statement of the offense in the words of the statute, without a statement of the accompanying facts and circumstances essential to constitute a specific offense, will be insufficient. As said by this court in U. S. v. Carll, 105 U. S. 611, speaking through Mr. Justice Gray: 'In an indictment upon a statute, it is not sufficient to set forth the offense in the words of the statute, unless those words, of themselves, fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offense intended to be punished; and the fact that the statute in question, read in the light of the common law, and of other statutes on the like matter, enables the court to infer the intent of the legislature, does not dispense with the necessity of alleging in the indictment all the facts necessary to bring the case within that intent.' Numerous authorities were cited in support of the views expressed.
There is a very general test applicable to all indictments. If the facts alleged be established, or admitted to be true, and their truth is consistent with the defendant's innocence, the indictment is insufficient, however full the description in other respects. Applying this well-settled doctrine to the different counts of the indictments in these cases, there will be little difficulty in determining as to their sufficiency; yet the doctrine appears to be entirely ignored by the majority of the court, or at least set aside in these cases.
The four general counts are manifestly insufficient, as they wholly fail to aver the means by which the alleged misapplication of the funds was made by the defendant, or attempted by him, in conspiracy with the president or cashier, or in aiding and abetting them.
Upon an allegation that one has misapplied the funds of a bank, the natural inquiry would be, how,in what manner? Until the manner in which the application was made, and the purpose of it, are shown, no misapplication can be established. There is no averment of facts in either of the counts of the indictment to show that the application of the funds was an unlawful one; and, unless it appear from the facts alleged that such was the case, the application will not constitute the offense charged. Nor is there any averment of facts to show that the bank suffered any loss or damage by the misapplication. From all that is alleged, it may have been the exercise of an unwise judgment, for which the defendant could not be charged under the statute, and injury from which may have been avoided by a subsequent replacement of the moneys.
In U. S. v. Britton, 107 U. S. 655-669, 2 Sup. Ct. 512, the words 'willfully misapplied,' used in the section upon which the present indictments were found, were considered; and the court, speaking by Mr. Justice Wood, said: 'The words 'willfully misapplied' are, so far as we know, new in statutes creating offenses, and they are not used in describing any offense at common law. They have no settled technical meaning, like the word 'embezzle,' as used in the statutes, or the words 'steal, take, and carry away,' as used at common law. They do not, therefore, of themselves, fully and clearly set forth every element of the offense charged. It would not be sufficient simply to aver that the defendant willfully 'misapplied' the funds of the association. This is well settled by the authorities we have already cited. There must be averments to show how the application was made, and that it was an unlawful one.' It follows that the demurrer to each of the four general counts was well taken, and should have been sustained.
The two cases, as stated in the opinion of the court, were originally argued here upon the sufficiency of all the counts. A reargument having been ordered, it was confined principally to the 8th, 9th, 10th, and 14th counts; and in the opinion a copy of the 8th count is given at length, as a representative one of its class, and, as in framework and structure, similar to all the counts to which the attention of the court was called.
It is an old doctrine, not to be forgotten in practice or in pleading, that an act lawful in itself cannot be made criminal by imputing wrong motives to the conduct of the party. Punishment is not, in our days, inflicted for the motives for which lawful acts are done. There is no force added to the allegation of 'delivered' by the use of the word 'surrendered,' in this case, but rather its force is weakened. A surrender is usually made upon some right or claim, or upon coercion. The latter is not suggested here, and surrender is consistent with some useful purpose in the enforcement of a claim or right to the note.
Similar observations may be made of almost every count in both indictments. There is some fact which might be stated in connection with their allegations, and which would obviate their criminality, but which is omitted; and the omission, in my judgment, makes the indictments invalid.
I do not claim that it is essential that the pleader should negative every conceivable lawful delivery, such as would be unusual, though possible under some circumstances; but I do insist that a lawful delivery should be met by a negative to the natural and ordinary conduct which would be adopted by innocent parties in such cases. A note discounted at a bank, when not paid in whole or in part, is not usually surrendered to a third party without a valuable consideration, unless it be for collection, or to obtain its renewal, or security for it; and such usual action should be negatived by averment. No doctrine is more essential for the protection of a party accused of a criminal offense, and none should be more rigidly enforced, than this: that the facts alleged by way of accusation, if admitted to be true, must be inconsistent with the inference of his innocence of the offense charged, arising from the usual conduct of innocent parties in such cases.
I do not assent to the doctrine that the note might have been delivered to the defendant for a score of honest purposes, which it would be unnecessary to negative, and that, in criminal pleading, it is not required to anticipate and negative a natural and obvious answer to the accusation. Such is not the law, as I understand it.
The counts which are more specific in their allegations, and upon the sufficiency of which the prosecution chiefly relies, will now be considered. These specific counts are grouped by the prosecution into four sets. The first set consists of counts 5, 10, and 11 of the indictment in Case 923. These counts are, substantially, that the defendant, on the 8th of May, 1891, did knowingly, unlawfully, fraudulently, and willfully, and with intent to injure and defraud the bank, misapply certain of its moneys, funds, and credits for his own use and benefit, to wit, the sum of $15,333.35, in the manner and by the means following; that is to say, the defendant, being a director, did deposit and place to his credit in the bank his check, drawn by himself on the Keystone Bank in favor of the Spring Garden Bank, the amount being in excess of all the sums which he was then entitled to draw from the moneys and funds of the Keystone Bank, and by means of which check, thus deposited, he obtained a false credit upon the books of the Spring Garden Bank, and was thereby enabled, and did thereafter, draw out from that bank the sum mentioned, for his own use, benefit, and advantage, as he then well knew, contrary to the act of congress.
The three counts differ from each other in this: that the tenth count charges the defendant with knowingly and fraudulently aiding and abetting the president of the bank to misapply its moneys, funds, and credits, in the amount mentioned, by receiving on deposit, and crediting to himself, the check mentioned. The eleventh count differs only in alleging that the defendant aided and abetted the cashier of the bank in misapplying its moneys and credits in the manner mentioned. The charge is substantially the same in all three counts,that a false credit was secured by the defendant with the bank by depositing a check drawn by him on the Keystone Bank in excess of what he knew to be his balance there, and which check was not paid. These counts are subject to the general objection that, admitting all their statements to be correct, they are still consistent with the innocence of the defendant. The counts nowhere allege that the check on the Keystone Bank was ever presented to that bank for payment. The defendant may have overdrawn his account in that bank. The check may have been in excess of all sums which he was entitled to draw, and yet it might have been paid upon presentation. There is not, in the mere fact that one overdraws his account at a bank, necessarily any evidence that the drawer intended to defrand the bank, or any other bank with which the check was deposited. It is a matter of every-day practice for depositors in a bank to overdraw their accounts. Whether checks so overdrawn will be paid may depend upon other considerations than the amount of deposits of the drawer in the bank. It would be an extraordinary position to hold that, because a man drew upon a bank for more than he knew he had on deposit, he should be charged by the holder with the commission of a fraud, before the latter had presented the check to the bank for payment, and payment had been refused. Whether or not the Keystone Bank would have paid it, had it been thus presented, may have depended upon the confidence which the bank might have entertained in the drawer's ultimate ability to pay. Though not entitled, in the words of the indictment, to draw at the time any sums whatever, yet he may have had such credit with the bank, from its knowledge of his character and habits, as to induce it to honor his check. It is within the experience of every one that checks thus drawn are often honored, even with a knowledge of the drawer's inadequate deposit. Other facts beside such knowledge by the drawer must be shown, to justify the imputation of criminal intent to him. A demurrer was interposed to the counts mentioned on the ground that they did not aver that the checks in question were presented to the Keystone Bank for payment, and that payment was refused, and that the bank thereby became a loser. In my opinion, the counts were, for that reason, insufficient, and the demurrer was well taken, and should have been sustained.
The second set of counts upon which the prosecution relies are Nos. 6, 7, 8, 9, 12, and 13 of the same indictment. These also allege that the defendant, being a director of the Spring Garden Bank, caused certain checks drawn by him upon the Keystone Bank and the Fourth Street National Bank of Philadelphia for sums greater than he was entitled to draw or obtain from them, to be deposited with the Spring Garden Bank, and placed to his credit on its books, and thereby obtained a false credit and received from that bank, for his own use and benefit, the amount of such checks. But these counts also show that each of such checks was indorsed in this way: 'For deposit to the credit of Nelson F. Evans. Received payment through the clearing house.' The purport of this indorsement is that the checks were passed by the bank through the clearing house, and paid there,a not unusual way of collecting checks in our large cities. The same objections that were made to counts 5, 10, and 11 can be made to these counts, and also the further objection that there is an inconsistency in the allegation that thereby any false credit was obtained, the checks having indorsed on their face the statement that payment was received on them through the clearing house.
These checks are set forth in the indictment with this indorsement, and there is no allegation that the indorsement was false, or was made, or permitted to be made, by the defendant, with any intent to defraud the bank. The very face, therefore, of the checks, negatives the charge of crime, and contradicts the idea of loss to the bank. If, in answer to this view, it be said that it is alleged that the checks were not paid, it must be observed that no averment is made of their presentation for payment, or of anything to exclude the idea of negligence on the part of the bank receiving them, or that the money was not lost through the failure of the bank upon which they were drawn. The six counts differ from each other in this: that in some of them the checks are alleged to have been drawn on the Keystone Bank, and in others on the Fourth Street National Bank; and in some of the counts the misapplication is charged directly upon the defendant, and in others by his aiding and abetting the president or the cashier. On the several grounds stated, a demurrer was interposed to these counts, and in my judgment it was well taken, and should have been sustained.
The third set of counts upon which the prosecution relies are No. 14 in the indictment in Case 922, and No. 20 in the indictment in Case 923. These counts charge the defendant with aiding and abetting the president and cashier of the bank in fraudulently misapplying its funds for the use and benefit of the defendant, by receiving and discounting his note for $15,000, payable in three months, knowing that that note was not secured, and it was not paid at maturity, or at any other time. But these counts are defective in not alleging that the discounting of the note was in excess of the power of the president or cashier, or outside of their regular duties, or that the president or cashier was not the authorized officer of the bank to discount paper. Nor is it averred that the discount was procured by any fraudulent means, or even that the defendant was at the time insolvent, or knew himself to be so. On these grounds a demurrer was interposed, and in our judgment should have been sustained.
The only remaining counts upon which the prosecution relies are Nos. 14, 15, and 16 of the indictment in Case 923, and Nos. 8, 9, and 10 of the indictment in Case 922. These counts charge, in substance, that the defendant aided and abetted the president or the cashier of the bank to fraudulently misapply a large amount of its funds by surrendering to him, for his use and benefit, certain notes of one Nettleton, discounted by the bank, and held as part of its assets, without receiving for the bank the amount thereof, or any part thereof, and that such surrender was fraudulently made to injure the bank. The counts in the indictment in Case 923 charge that the defendant aided and abetted the president of the bank in the fraudulent misapplication. The counts in the other indictment charge that the defendant aided and abetted the cashier in such misapplication of the funds. These counts do not show, in either case, any application of the surrendered notes to the use and benefit of the defendant, as charged, nor do they contain any averment that the defendant did not receive the notes as agent, for collection, or to obtain their renewal, which would readily suggest themselves as an answer to the alleged unlawful surrender, or that the bank was in any way a loser thereby. The defect in these counts is substantially the same pointed out in considering the eighth count of No. 922, a copy of which is set forth in the opinion of the court.
The allegations of fraudulent conduct and motive in the transactions for which the indictments were found are repeated with wearisome frequency, yet they are of no avail, unless accompanied by a statement of facts from which such fraud must necessarily be inferred. A party is not to be condemned by the multitude or opprobriousness of the adjectives applied to his conduct or motives, unsupported by the facts, or, as said by Lord Chief Justice Holt, 'a fact that appears to be innocent cannot be made a crime by adverbs of aggravation.' Fraud is a conclusion of law from facts respecting the transaction designated, and if they do not necessarily tend to such conclusion the allegation falls to the ground, however often repeated, or with whatever amount of earnost asseveration.
Similar views are announced with great clearness and force in U. S. v. Watkins (decided by the circuit court for this district over 60 years ago) 3 Cranch, C. C. 443, Fed. Cas. No. 16,649. The defendant, who was the fourth auditor of the treasury of the United States, was indicted for devising and intending fraudulently to obtain for his private use moneys of the United States, by means of letters to and drafts on the navy agent at New York and the navy agent at Boston, and certain requisitions on the treasury of the United States, also sent by him to them; said letters, drafts, and requisitions being used as false pretenses to enable him to obtain the moneys. There were three indictments found against him, and objections were taken to the sufficiency of their allegations of fraud. In considering the objections the court said: 'Fraud is an inference of law from certain facts. A fraud, therefore, is not sufficiently set forth in an indictment, unless all the facts are averred which in law constitute the fraud. Whether an act be done fraudulently or not is a question of law, so far as the moral character of the act is involved. To aver that the act is fraudulently done is, therefore, so far as the guilt or the innocence of the act is concerned, to aver a matter of law, and not a matter of fact. An averment that the act was done with intent to commit a fraud is equivalent to an averment that the act was done fraudulently. No epithets, no averment of fraudulent intent, can supply the place of an averment of the fact or facts from which the legal inference of fraud is to be drawn. Starkie, in his late treatise on Criminal Pleadings, says: 'Whether particular circumstances constitute an indictable fraud is a question of law; and therefore, according to a fundamental rule of description in indictments, such circumstances must be set out, in order to show that the facts amount to an indictable offense.' And he quotes Archbold on Criminal Pleadings, as follows: 'An indictment for an offense against the statute must, with certainty and precision, charge the defendant to have committed acts under the circumstances, and with the intent, mentioned in the statute; and if any one of these ingredients in the offense be omitted the defendant may demur, move in arrest of judgment, or bring a writ of error. The defect will not be aided by verdict, nor will the conclusion, 'contra formam statuti,' cure it."
The charges in the two indictments, by their very number, setting forth over 75 distinct offenses, after dismissing counts for over 100 other offenses,those retained varying from each other by confusing differences, were calculated to embarrass and oppress the defendant in his defense. The allegations of fraud in conduct and motive not being supported by any averment of facts from which such fraud is necessarily inferable, the other allegations as to the transactions charged are, upon a reasonable construction, consistent with the innocence of the defendant. And indictments, in my opinion, ought not to be viewed with favor, which, by the very multitude of their counts, serve to embarrass and confuse the accused. If an offense cannot be stated in less than 100 counts of an indictment, I do not think that public justice will suffer if the indictment be dismissed.
My conclusion is that the indictments on all the counts retained are insufficient to hold the defendant, and that the judgment below thereon should be reversed in both cases and judgment entered upon the demurrers in each case for the defendant, and that he be discharged therefrom.


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During boreal winters, cold waves over India are primarily due to transport of cold air from higher latitudes. However, the processes associated with these cold waves are not yet clearly understood. Here by diagnosing a suite of datasets, we explore the mechanisms leading to the development and maintenance of these cold waves. Two types of cold waves are identified based on observed minimum surface temperature and statistical analysis. The first type (TYPE1), also the dominant one, depicts colder than normal temperatures covering most parts of the country while the second type (TYPE2) is more regional, with significant cold temperatures only noticeable over northwest India. Quite interestingly the first (second) type is associated with La Niña (El Niño) like conditions, suggesting that both phases of ENSO provide a favorable background for the occurrence of cold waves over India. During TYPE1 cold wave events, a low-level cyclonic anomaly generated over the Indian region as an atmospheric response to the equatorial convective anomalies is seen advecting cold temperatures into India and maintaining the cold waves. In TYPE2 cold waves, a cyclonic anomaly generated over west India anomalously brings cold winds to northwest India causing cold waves only in those parts.
Cold waves that occur during boreal winter months from November to February, exert considerable stress to the people of northern India. During cold wave episodes, a drop of more than 4 °C is observed in minimum temperatures, and these episodes generally persist for 3–5 days1 and their occurrence peaks in the month of January1. Earlier studies2 showed that cold waves occur mostly due to the intrusion of cold air from northern latitudes into the northwestern parts of India. The cold wave conditions over the northern parts of India are often associated with the passage of western disturbances2. Western disturbances, which manifest as an eastward moving well marked troughs in the upper tropospheric westerlies north of 20°N and often seen extending to the lower troposphere2,3,4, transport cold air from northern latitudes into India. There are also few instances of occurrence of cold waves due to a low pressure system over the North Arabian Sea2. In these cases, the easterlies to the north of the low pressure system transport cold air from higher latitudes.
The cold waves are known to increase mortality rate owing to the socio-economic conditions of people of the northern parts of India. For example, the cold wave that occurred in January 2003 resulted in death of about 900 people5. During 1978–1999, a total number of 3264 deaths were reported due to cold waves in the northern parts of India6. The cold waves also affect the Rabi crops, crops that are sown in winter and harvested in the following spring, of the northern regions of India7,8. A survey on the impact of cold wave on the Rabi crops showed that the economic losses were to the tune of 6230 million Indian rupees in the state of Rajasthan during 2005–2006 Rabi season alone7.
Though it is known that cold waves are associated with the western disturbances, to our knowledge, there are no systematic studies to understand the origin and sustenance of these disturbances. Using observed and reanalysis datasets, we made an effort to understand the processes causing the cold waves and the processes maintaining them.
As a measure of intensity of cold waves, we examine statistics of daily minimum temperature (Tmin hereafter). Figure 1a shows the standard deviation of Tmin observed over the Indian landmass for the boreal winter months of November to February during 1982 to 2013. The standard deviation shows marked variability (upwards of 3 °C) over northwest India. To identify cold wave events in historical data, based on coherent fluctuations in daily minimum surface temperature (Tmin), we define an index by taking an area average of Tmin anomalies over the region 71°E-80°E; 21°N-30°N (Fig. 1a). It may be noted here that the results are not much changed with a slight variation in the chosen area. A cold wave event is identified when the defined index in a chosen day is less than one standard deviation, and the anomalies persist for at least 4 days. Furthermore, the standard criterion adopted by the India Meteorological Department (IMD) for defining a cold wave is also considered. The procedure is given in the methods section.
(a) Standard deviation of the Tmin (°C) from 1st Nov to 28th Feb over the period 1982 to 2013. (b) Spatial distribution of significant SST (°C) anomalies during TYPE1 events. (c) same as (b) but for TYPE2 events. (d) Significant Tmin (°C) anomalies associated with TYPE1 events (e) same as (d) but associated with TYPE2 events. (f) The first mode of EOF of Tmin anomalies. (g) The second mode of EOF of Tmin anomalies. (h–k) Significant air temperature anomalies (°C) at 1000 hPa, 850 hPa, 500 hPa and 300 hPa respectively during TYPE1 events. (l–o) Significant air temperature anomalies (°C) at 1000 hPa, 850 hPa, 500 hPa and 300 hPa during TYPE2 cold wave events. Significance is at 99% using two-tailed Student’s t-test. The rectangular box in (a), (f) and (g) represents the region used to identify the cold wave events over India. (Figure was created using a free software Grid Analysis and Display System (GrADS) version 2.1.a3 (http://cola.gmu.edu/grads/downloads.php)).
Based on the criteria, twenty-nine events were identified (Tables 1 and 2) with a propensity of maximum number of events occurring in the months of January (12) and February (10) (Tables 1 and 2). The dates of the events agree with the dates of IMD. To understand if these cold events over India are associated with large-scale changes that could be used as sources of predictability, we compared the period in which the cold wave events occurred with the historical NINO3.4 (5°N-5°S; 120°-170°W) index maintained by the Climate Prediction Center, National Center for Environmental Predication (NCEP), USA. Out of the identified 29 events, 21 (8) events occurred during La Niña (El Niño) years suggesting that both phases of ENSO favor the occurrence of cold wave events over India. Of the 21 events, which occurred during La Niña years, the NINO3.4 area-averaged SST anomalies for four events (events 3, 4, 7 and 21 in Table 1) during December-February were −0.3, −0.3, −0.4 and −0.4 °C- values just above the threshold temperature of −0.5 °C criteria used by the NCEP for identifying a La Niña event. Similarly, one event (event 6 in Table 2), from the events associated with El Niño, shows warm temperatures of 0.4 °C over the NINO3.4 region for the season, a value that is just below the criteria of 0.5 °C used by the NCEP for identifying an El Niño event. Not surprisingly, SST anomalies composited corresponding to the twenty-one events in La Niña years show cooler than normal SST anomalies along the equatorial Pacific extending from the central to eastern Pacific with concurrent warmer than normal SST anomalies in the equatorial west Pacific (Fig. 1b). Similarly, SST anomalies composited for the eight events corresponding to El Niño years, show significant positive SST anomalies in the equatorial Pacific extending from central to eastern Pacific, with cooler than normal SST anomalies in the west Pacific (Fig. 1c). Hereafter, we term cold events that occurred during La Niña (El Niño) as TYPE1 events (TYPE2 events). Furthermore, compositing Tmin anomalies for TYPE1 events show significant reduction in Tmin over most parts of India (Fig. 1d). On the other hand, for TYPE2 events significant reduction in Tmin is confined mostly to northwest India, with positive anomalies along the east coast of India (Fig. 1e).
Table 1: List of TYPE1 cold wave events Over India.
Table 2: List of TYPE2 cold wave events over India.
In order to objectively separate the modes of variation we have adopted an empirical orthogonal function (EOF) analysis over the region 70°E-90°E; 12°N-30°N. Figure 1f shows the first EOF mode that explains 44.72% of the total variance. This mode has large loadings over the region of high standard deviation of the Tmin temperatures (Fig. 1a) and has a pattern similar to the spatial distribution of Tmin anomalies during TYPE1 cold wave events (Fig. 1d). Furthermore, correlation between the Tmin anomalies averaged over the region 71°E-80°E; 21°N-30°N with this mode’s principal component is 0.91. The second mode (EOF2) (Fig. 1g) explains about 20.81% variability of the total variance and shows a dipole structure, similar to TYPE2 cold wave events (Fig. 1e), with opposite phases over the north-west India and along the east coast of India. The correlation of its principal component with the Tmin anomalies averaged over the region 71°E-80°E; 21°N-30°N is only 0.385. Thus, the EOF analysis justifies our procedure of separating the observed cold wave events into TYPE1 and TYPE2.
We plotted temperature anomalies at different levels to see the vertical extent of the cold anomalies. During TYPE1 events, composite air temperature anomalies at 1000 hPa, 850 hPa, 500 hPa and 300 hPa levels (Fig. 1h–k) show that over the northern parts of India colder than normal air is confined to about 850 hPa while warmer air prevails at 500 hPa and above. This is in contrast to the presence of cold air throughout the troposphere over northern China (Fig. 1h–k). Therefore, over India, low-level winds would be an effective agent in advecting cold air from north. During TYPE2 events the colder than normal temperatures are confined to the northwestern parts of India in the lower troposphere (Fig. 1l–m). The temperatures over India are not significant at 500 hPa (Fig. 1n) though significant anomalously cold temperatures are seen at 300 hPa over the Indian latitudes (Fig. 1o) during the TYPE2 events.
We analyze the causes of the negative minimum temperature anomalies over the Indian region in the following sections.
The TYPE1 events exert considerable stress over most parts of the country. Here we investigate the mechanisms and processes associated with these types of cold waves. Figure 2a shows the spatial distribution of composite outgoing longwave radiation (OLR)9 anomalies, a proxy to tropical precipitation anomalies. In response to colder than normal SST anomalies, positive OLR anomalies (indicative of less cloud cover) are observed over the equatorial central Pacific while negative OLR anomalies (indicative of excess cloud cover and more rainfall) are noted from west of the Philippines to the east coast of India. Over northwest India and extending into Pakistan, prevailing colder than normal air temperature in the boundary layer (Fig. 1h–k) enhances the stability and thus limit convection development resulting in positive OLR anomalies there (Fig. 2a).
(a) Significant OLR (W/m2) anomalies of the composite of TYPE1 cold wave events. (b,c and d) same as (a) but for significant eddy streamfunction (×106 m2 s−1; shaded) at 200 hPa, 500 hPa and 850 hPa levels respectively. (e) Horizontal temperature advection (shaded; ×10−6 °Ks−1) of mean temperature by mean winds at 850 hPa during TYPE1 events. Contours represent mean temperatures and mean wind at 850 hPa is shown by vectors (f) same as (e) but advection of mean temperature by anomalous wind (shaded). Mean temperature (contour) and anomalous winds (vectors) are also shown (g) same as (e) but advection of anomalous temperature by mean winds (shaded). 850 hPa temperature anomalies are shown as contours and mean winds as vectors (h) same as (e) but advection of anomalous temperature by anomalous winds (shaded). Contours represent temperature anomalies and vectors represent anomalous winds at 850 hPa (i) Significant wave activity flux anomalies at 200 hPa (vector; either zonal or meridional component is significant) and the streamfunction anomalies (shaded) for TYPE1 cold wave events. Significance is at 99% using two-tailed Student’s t-test. (Figure was created using a free software Grid Analysis and Display System (GrADS) version 2.1.a3 (http://cola.gmu.edu/grads/downloads.php)).
To understand if a remote teleconnection was the cause of the TYPE1 cold waves, we plotted composite of 200 hPa eddy (zonal mean removed) streamfunction anomalies (Fig. 2b). Prominent features evident in the composite (Fig. 2b) and which could have contributed to the TYPE1 cold wave events over India can be divided into two parts. i) A region of anomalous positive anomalies over the Ural-Siberia region and a wave train originating from there and extending to South China with a trough over most parts of China and a ridge over South China and the northeastern parts of India and, ii) A region of anomalous anticyclone over the Indian landmass. The anomalous wave pattern from the Ural-Siberia region and extending to South China seen in Fig. 2b, is often observed during cold surge events over East Asia10. The wave train from the Ural-Siberia region was the cause of the cooler than normal temperatures observed over China during the events (Fig. 1h–k). The calculation of waveactivity flux anomalies11 at 200 hPa (Fig. 2i) also shows fluxes from the region of anomalous positive anomalies over the Ural-Siberia region to the South China Sea. The waveactivity flux anomalies also show that the anomalous positive anomalies over the Ural-Siberia region may not necessarily be linked to the climate conditions over the equatorial Pacific. Nevertheless, the cold waves though not directly linked to cooler SST anomalies in the Pacific, are anchored by the low level cyclonic anomaly generated by the anomalous Matsuno-Gill12,13 response to the anomalous maritime convections, as discussed later. This feature, that helps in transporting cold temperatures from higher latitudes into Indian latitudes and sustain the cold waves, is also seen clearly in Fig. 2b as an anticyclonic anomaly at 200 hPa over the Indian latitudes.
The anomalous trough over China and the anomalous ridge over South China is seen extending from 500 hPa to 200 hPa level (Fig. 2c). At 850 hPa (Fig. 2d), the anomalous ridge over the Ural-Siberia region and the associated trough is seen covering the Indo-China region causing cooler than normal temperatures over the region (Fig. 1i). The trough that extends throughout the troposphere results in colder than normal temperatures over China (Fig. 1h–k). Also, at 850 hPa (Fig. 2d) a pair of anomalous cyclones is seen to straddle the equator in the Indian Ocean as the Matsuno-Gill response to the equatorial convection in the region extending from the Bay of Bengal to the west of Philippines (Fig. 2a). The atmospheric response to equatorial convection, however, is baroclinic in nature and is seen as an anomalous anticyclone at 200 hPa (Fig. 2b) over the Indian landmass and the surrounding regions. The north-south orientation of the cyclonic anomaly over north India is favorable for advection of cold air from higher latitudes into India.
We calculated the 850 hPa horizontal advection of mean observed temperature by mean observed winds (Fig. 2e) to investigate if the cold waves over India are caused by horizontal advection of cold air from higher latitudes. During TYPE1 type events, northwesterly winds are seen advecting cold temperatures from higher latitudes into the Indian subcontinent resulting in reduction of the temperatures over the Indian landmass (Fig. 2e). To understand the role of the anomalous cyclone generated as a response to the tropical heating in the maintenance of the cold waves, we examined the contribution of the advection of mean observed temperature by the anomalous winds (Fig. 2f), the contribution of the advection of the anomalous temperature by the mean observed winds (Fig. 2g) and the advection of the anomalous temperature by the anomalous winds (Fig. 2h). Comparing the contribution of the three terms (Fig. 2f–h), it is seen that the advection of the mean observed temperature by the anomalous cyclonic response (Fig. 2f) largely explains the cold air advection over large parts of India. This term (Fig. 2f) has a higher contribution compared to any other terms (Fig. 2g–h). The anomalous cyclonic winds advect warmer temperatures from the equatorial region resulting in higher than normal temperature over the east coast of India (Fig. 2f). The effect of the cold advection by the anomalous winds is reduced over the northern parts of India by warm advection of the anomalous temperature by the mean winds (Fig. 2g) and also by the advection of the anomalous temperature by the anomalous winds (Fig. 2h). Both the advection of the anomalous temperature by the mean observed wind (Fig. 2g) and by the anomalous wind (Fig. 2h) are seen to bring cooler temperatures to the head Bay of Bengal and also to the western parts of India.
The low level cyclonic anomaly observed over India during the TYPE1 cold wave events (Fig. 2d) may be partly attributed to the seasonal mean equatorial cyclonic anomaly observed during La Niña events. Figure 3 shows composite OLR anomalies, 850 hPa eddy streamfunction (shaded) and 850 hPa wind (vector) anomalies constructed by averaging December-February monthly anomalies during La Niña years over the period 1982 to 2013. In response to a spatially coherent negative OLR anomaly noted over the Maritime Continent and the west Pacific regions (Fig. 3a), a pair of cyclones straddling the equator is seen (Fig. 3b) over the Indian Ocean. The poleward flank of the Northern Hemisphere part of the cyclonic anomalies (Fig. 3b) is favorable to advect cold temperatures from higher latitudes into the Indian region during La Niña years.
(a) Significant OLR anomalies composited over Dec–Feb months during the La Niña years over the period 1982 to 2013. (b) same as (a) but is for significant eddy streamfunction (×106 m2 s−1) anomalies at 850 hPa and significant wind anomalies (vectors; either zonal or meridional component is significant). Significance is at 90% using two-tailed Student’s t-test. (Figure was created using a free software Grid Analysis and Display System (GrADS) version 2.1.a3 (http://cola.gmu.edu/grads/downloads.php)).
We composited the 850 hPa eddy streamfunction anomalies of all the TYPE1 cold wave events from 5 days (DAY-5) before the event to the day the event started (DAY0), to understand the initiation of the cold wave events over India and presented the results in Fig. 4. Day0 is considered the day when the events started. Five days before the TYPE1 cold wave events occurred over India (DAY-5) (Fig. 4a), anomalous high in the higher latitudes and the associated wave with anomalous trough over China and over India are oriented north to south. The trough has a maximum to the northwest of India (Fig. 4a). The anomalous trough is seen moving eastward from DAY-4 (Fig. 4b–d) and is seen covering whole of the Indian landmass. The maxima in the cyclonic anomaly is over India from DAY-2, two days before the events started (Fig. 4c). On DAY0, the anomalous wave is oriented such that an anomalous cyclone is seen anchored to Indo-China region. The anomalous cyclone to the south of equator in the Indian Ocean is seen from DAY-5 to DAY0 (Fig. 4a–d), however it intensifies from DAY-2 (Fig. 4c). As the TYPE1 events occurred during La Niña type of SST distribution in the equatorial Pacific, the spatial distribution of the equatorial convection in those years provides the required background for the anomalous Matsuno-Gill response (Fig. 3). The daily variations in the anomalous diabatic heating influence the intensity and location of the anomalous Matsuno-Gill response. Our study shows that the anomalous Matsuno-Gill response intensifies two days before the cold wave conditions over the Indian Landmass and anchors the wave to the Indian region. Most notably, the cyclonic anomaly over India and its corresponding pair in the equatorial South Indian Ocean persist through the life period of the cold wave event (Fig. 2d).
(a) Composite of significant eddy streamfunction (×106 m2 s−1) anomalies at 850 hPa five days before TYPE1 events (DAY-5). (b,c and d) same as (a) but four days (DAY-4) before, two days (DAY-2) before and on the day (DAY0) respectively of the TYPE1 event. (e–h) same as (a–d) but for TYPE2 cold wave events. Significance is at 90% using two-tailed Student’s t-test. (Figure was created using a free software Grid Analysis and Display System (GrADS) version 2.1.a3 (http://cola.gmu.edu/grads/downloads.php)).
The anomalous high pressure over the Ural-Siberia region (Fig. 2b–d) seen during the TYPE1 cold wave events over India, is sometimes linked to an atmospheric blocking event. Here, we investigate if all the atmospheric blocking events over the region could be linked to TYPE1 cold waves over India. We identified atmospheric blocking events of duration of four or more days, over the longitudes 20°W to 120°E, and over the period NDJF 1982/83 to NDJF 2012/13, using a blocking index14. We applied 5-day running mean to the 500 hPa geopotential height field before applying the index. We classified the atmospheric blocking events into two classes: (i) those which occurred during La Niña years, and (ii) El Niño and positive neutral years, associated with positive SST anomalies in the NINO3.4 region though weaker in magnitude. We identified a total of 76 blocking events during La Niña years and 69 events during other El Niño and neutral years.
On comparing the 76 blocking events during the La Niña years to the 21 TYPE1 cold wave events, we found that 13 of the TYPE1 cold wave events were associated with atmospheric blocking events over the Ural-Siberia region. These 13 TYPE1 cold events, and the remaining 8 TYPE1 events not associated with atmospheric blocking are composited separately and presented in Fig. 5. The 500 hPa eddy streamfunction anomalies of both the composites show positive anomalies over the Ural-Siberia region (Fig. 5a,b) and a wave train from there and reaching South China with an anomalous trough over China and over the latitudes to the north of India, though the magnitude of the ridge is stronger in the composite associated with the blocking events (Fig. 5a). The ridge over the Ural-Siberia region is also significant at 850 hPa in the composite of the events associated with atmospheric blocking (Fig. 5c), while the positive anomalies are insignificant in the other composite not associated with blocking (Fig. 5d). Cyclonic anomalies over India are seen at 850 hPa in both the composites (Fig. 5c and d). A composite of 850 hPa temperature anomalies shows anomalous cool temperatures over the Indo-China region in both the composites (Fig. 5e and f), though the extent and magnitude of anomalous cool temperature are higher in the composite of events associated with blocking over the Ural-Siberia region. The above analysis shows that the cold waves over India can occur with or without blocking events over the Ural-Siberia region but what is important is the presence of anomalous low temperatures over the Indo-China region which can be advected into the Indian latitudes by the anomalous cyclonic circulation over India.
Composite of significant eddy streamfunction (×106 m2 s−1) anomalies of TYPE1 events associated with blocking in the Ural-Siberia region at (a) 500 hPa and (c) 850 hPa. (b and d) are same as (a and c) respectively but for TYPE1 events not associated with blocking over Ural-Siberia region. (e) is same as (c) but for temperature anomalies (oC). (f) same as (d) but for temperature anomalies. Significance is at 99% using two-tailed Student’s t-test. (Figure was created using a free software Grid Analysis and Display System (GrADS) version 2.1.a3 (http://cola.gmu.edu/grads/downloads.php)).
In a separate analysis, 63 blocking events, observed during La Niña years but not associated with cold wave conditions over India, are composited (Fig. 6) to understand why those blocking events over higher latitudes during La Niña years did not lead to cold wave conditions over India. In the 850 hPa eddy streamfunction composite, anomalous high can be seen over the Ural-Siberia region (Fig. 6a) with an anomalous low over China. The anomalous low over China is seen causing low temperatures over the region (Fig. 6b). However, these anomalous cold temperatures are not significant toward latitudes closer to India. Also, the anomalous cyclonic circulation over India is not prominent in the composite (Fig. 6a). Therefore, significant cold temperatures in the latitudes closer to northern India and the low-level cyclonic circulation anomalies over India are important factors to favor advection of cold temperatures into India leading to cold wave conditions. Hence, blocking over the Ural-Siberia region is not a necessary condition to favor TYPE1 cold waves over India.
Figure 6: Composite of significant 850 hPa eddy streamfunction (×106 m2 s−1) anomalies of blocking events during La Niña years over higher latitudes not associated with TYPE1 cold wave events over India.
Significance is at 90% using two-tailed Student’s t-test. (Figure was created using a free software Grid Analysis and Display System (GrADS) version 2.1.a3 (http://cola.gmu.edu/grads/downloads.php)).
The above analysis shows that the TYPE1 cold waves are seen to be associated with a northwest-southeast oriented wave train from the Ural-Siberia region to South China with a cyclonic anomaly over the Indo-China region. The northwest-southeast oriented wave train results in cooler than normal temperatures over China in the latitudes closer to the northern parts of India. An anomalous low level trough as a part of an anomalous wave train from the Ural-Siberia region is seen anchored to the Indian latitudes by the anomalous Matsuno-Gill response to the anomalous equatorial tropical convection from 2 days before the start of the event and is seen persisting throughout the life of the cold wave. The anomalous trough is oriented such as to encourage anomalous transport of cold temperatures from higher latitudes into India, thus resulting in TYPE1 cold waves over India.
Composite of Tmin anomalies during TYPE2 cold wave events shows a significant negative anomaly confined to northwest India (Fig. 1e). We examined low-level temperature anomalies and 200 hPa eddy streamfunction anomalies of the individual events to understand the physical processes causing the TYPE2 cold waves. Of the eight identified events, six events had a similar distribution of temperature and eddy streamfunction anomalies and the other two events, 5 and 7 (Table 2), had 200 hPa wave pattern with a phase slightly different from the other six events. Therefore, we composited the six events to understand the characteristics of TYPE2 cold wave events. The other two events are studied separately.
Composite of OLR anomalies (Fig. 7a) shows negative anomalies in the equatorial central Pacific due to warmer SST anomalies in the region (Fig. 1c) and positive OLR anomalies over west Pacific (Fig. 7a). The associated eddy streamfunction anomaly at 200 hPa shows cyclonic anomalies covering whole of the Indian subcontinent and parts of China (Fig. 7b). The cyclonic anomaly over the Indo-China region is seen extending to lower levels and is also seen at 500 hPa (Fig. 7c) and 850 hPa (Fig. 7d), similar to the often-observed extension of upper level troughs associated with western disturbances as closed lows in the lower troposphere2,3,4. At 850 hPa (Fig. 7d), the cyclonic anomaly is seen confined to the west coast of India. The other significant feature of the eddy streamfunction anomaly at 500 hPa and 850 hPa is a pair of anticyclones over west Pacific, which is the well-known Matsuno-Gill response to the equatorial west Pacific SST anomalies. The major difference between TYPE1 and TYPE2 events is the barotropic pattern of cyclonic anomalies over India in TYPE2 (in TYPE1, it is baroclinic). Therefore, at low-levels, different processes appear to force the cyclonic anomalies over India in TYPE1 and TYPE2 events.
Figure 7: Same as Fig. 2 but for TYPE2 events.
(Figure was created using a free software Grid Analysis and Display System (GrADS) version 2.1.a3 (http://cola.gmu.edu/grads/downloads.php)).
To see whether the cyclonic anomaly at 200 hPa (Fig. 7b) was a response to the Pacific SST anomalies during the event, we calculated waveactivity flux diagnostic at 200 hPa. Waveactivity flux shows anomalous flux from Pacific to indirectly contribute to the anomalous cyclonic anomaly over the Indian latitudes (Fig. 7i). The flux from the southern parts of North America is seen maintaining the anomalous anticyclone over the North Atlantic. The waveactivity flux from the North Atlantic anomalous anticyclone is seen contributing to the anomalous cyclonic anomalies over India (Fig. 7i). Therefore, the cyclonic anomaly over the Indian latitudes is indirectly linked to the Pacific due to the anomalous response and chain reactions to the Pacific SST anomalies during the events.
We calculated the horizontal advection of mean and anomalous temperature by mean and anomalous winds at 850 hPa to understand the processes maintaining the TYPE2 cold waves over India. The results are shown in Fig. 7e–h. During the TYPE2 cold wave events, north-westerly winds are seen advecting cold temperatures into the north-western parts of India causing cold temperatures and southerly winds are seen advecting warm temperatures from the equatorial region into the central and northern parts of India causing warm temperatures over the region (Fig. 7e). The western flank of the low level anomalous cyclone over the west coast of India, a response to the Pacific convection anomalies, advects cooler temperatures into northwest India from higher latitudes (Fig. 7f) and the eastern flank of the anomalous cyclonic circulation advects warmer equatorial temperatures into central and northern parts of India (Fig. 7f). The advection of cold temperatures to the northwest of India and warm temperatures to other parts of India is also due to the advection of anomalous temperature by the mean observed and the anomalous winds (Fig. 7g–h). The anticyclonic anomaly over the west Pacific and the Bay of Bengal is also seen contributing to the advection of warm temperatures to the Indian landmass (Fig. 7e–h). The above analysis shows that the maintenance of the TYPE2 cold waves over India and their confinement to the north-western parts of India can largely be explained by the advection of the temperatures from the higher latitudes and equatorial regions by the mean and anomalous winds observed during the TYPE2 cold wave events.
We plotted the composite of 850 hPa eddy streamfunction anomalies from 5 days before (DAY-5) to the day of the events (DAY0) (Fig. 4e–h) to understand the origin of TYPE2 cold waves. On DAY-5, 5 days before the cold wave events were observed over the Indian region, cyclonic anomalies can be seen over parts of China and to the northwest of India (Fig. 4e). The cyclonic anomaly is seen moving eastward to the western parts of India from DAY-5 to DAY0 (Fig. 4e–h). The cyclonic anomaly over west India is seen to persist as a significant low throughout the period of the TYPE2 cold wave event (Fig. 7d). Anomalous anticyclone over the North Atlantic is seen prominently from DAY-5 to DAY0 (Fig. 4e–h). The above analysis shows that the TYPE2 cold waves originate as eastward moving transients in the higher latitudes and are seen persisting over west India as a cyclonic circulation throughout the life of the event.
Events 5 and 7 (Table 2), which had an opposite phase of eddy streamfunction anomalies at 200 hPa over the Indo-china region compared to the other identified TYPE2 events, are also due to an anomalous quasi-stationary wave from the Pacific to the Indian region (Fig. 8a and b). However, it is seen that during event number 5, the teleconnection caused an anticyclonic anomaly over India and the area of negative temperature anomalies is smaller compared to other events (Fig. 8c). During event 7, anticyclonic anomalies that are to the north of India (Fig. 8b) result in positive temperatures to the north of India (Fig. 8d). Over India, southern parts of India experienced cooler temperatures.
(a) Eddy streamfunction (×106 m2 s−1) anomalies at 200 hPa for the event 5 of TYPE2 (Table 2). (b) same as (a) but for event 7 of TYPE2 (Table 2). (c) same as (a) but temperature (°C) anomalies at 1000 hPa. (d) same as (b) but for temperature anomalies at 1000hPa. (Figure was created using a free software Grid Analysis and Display System (GrADS) version 2.1.a3 (http://cola.gmu.edu/grads/downloads.php)).
In the present study, we tried to understand the processes causing and maintaining cold waves over India. Based on the standard deviation of the Tmin and following the criteria of IMD, a total of twenty-nine cold wave events were identified. Interestingly, it is found that of the twenty-nine identified events twenty-one events occurred during La Niña years (TYPE1) and eight events during El Niño years (TYPE2) indicating that ENSO provides favorable conditions for the occurrence of cold waves over India. Compositing the events showed that TYPE1 events during La Niña years had a larger spatial extent and caused cooler temperatures over most parts of India whereas TYPE2 events caused cooler temperatures only confined to northwest India.
Analysis of 200 hPa eddy streamfunction anomalies shows the TYPE1 cold waves to be associated with an anomalous wave train from the Ural-Siberia region to South China. The anomalous wave train not necessarily related to La Niña, causes cyclonic anomalies over the Indo-China region causing cooler than normal temperatures over the region. The Matsuno-Gill response to the equatorial convection is such as to cause cyclonic anomalies over Indian region during the cold wave events. A north-south oriented trough covering the whole Indian landmass is seen by the merging of the high latitude cyclonic anomalies with the Matsuno-Gill response. The anomalous north-south oriented trough is seen transporting cold temperatures from higher latitudes into India, resulting in cold waves over India. Therefore, presence of the Matsuno-Gill response to the La Niña type SST anomalies, in association with the anomalous wave train from the Ural-Siberian region, was a key factor for the sustenance of the TYPE1 cold waves.
The TYPE2 cold waves are also seen to have a link to the anomalous conditions in the equatorial Pacific during the events. The anomalous flux from the equatorial Pacific is seen maintaining an anticyclone over the North Atlantic. A wave train from the North Atlantic is then seen causing upper level cyclonic anomaly over the Indian latitudes. The upper level cyclonic anomaly is seen extending to lower levels as a low pressure system over the west coast of India. The low level cyclonic anomaly helps advect cold temperatures from higher latitudes into northwest India causing cold waves over the region. The cyclonic anomaly also advects warm temperatures from lower latitudes into the Indian landmass; thus, confining the cold waves to northwest India.
The identification of the processes causing cold waves, will help in improving their forecast and hence will be beneficial to the society.
i) Cold waves need not be considered till minimum temperature of a station reaches 10 °C or lower.
ii) When normal minimum temperature of a station is more than or equal to 10 °C: A departure of 5 °C to 6 °C from normal is to be considered a cold wave.
iii) When the normal minimum temperature of a station is less than 10 °C: A departure of 3 °C to 4 °C from normal is to be considered a cold wave.
EOF analysis is carried in the study on the daily Tmin anomalies from 1st November to 28th February over the period 1982 to 2013, covering the region 70°E-90°E; 12°N-30°N.
The European Center for Medium range Weather Forecast (ECMWF) Interim (ERA Interim) reanalysis18 dataset at 2.5° × 2.5° horizontal resolution is used to diagnose various mechanism and processes of the cold waves. Daily anomalies of various fields are derived from the daily climatology based on 1982–2010 period. The daily anomalies corresponding to the cold wave events are composited and the significance of the composites is tested using two-tailed Student’s t-test19,20.
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This research was supported by the Environmental Research and Technology Development Fund (2–1405) of the Ministry of the Environment, Japan. Authors are thankful to India meteorological department for providing the high resolution gridded temperature data. Authors are also thankful to ECMWF for making available the ERA-Interim reanalysis dataset through their web site http://apps.ecmwf.int/datasets/data/interim-full-daily/ and to NOAA/ESRL PSD, Boulder, Colorado, USA for providing the SST dataset (http://www.esrl.noaa.gov/psd/data/gridded/data.noaa.oisst.v2.highres.html). The anomalies for the fields were derived using the NCAR Command Language (http://www.ncl.ucar.edu/). All the figures were created using a free software Grid Analysis and Display System (GrADS) version 2.1.a3 (http://cola.gmu.edu/grads/downloads.php). We thank the anonymous editor and an anonymous reviewer whose comments and suggestions substantially improved the manuscript.
J.V.R. conceived the central idea, carried out the analysis and wrote the paper. S.K.B., H.A., S.B.R., M.R. and T.Y. provided guidance for the analysis and commented on the manuscript.
Correspondence to J. V. Ratnam.

matches: V. V. V. V. V. V. V.


Effective October 1, 1979, the aggregate principal amount of loans under the programs authorized under each subchapter of this chapter during each three-year period thereafter shall not exceed such amounts as may be authorized by law after August 4, 1978. There shall be two amounts so established for each of such programs and for any maximum levels provided in appropriation Acts for the programs authorized under this chapter, one against which direct and insured loans shall be charged and the other against which guaranteed loans shall be charged.
(ii) $3,500,000,000 shall be for operating loans under subchapter II.
Of the amounts made available under paragraph (1) for direct farm ownership loans, the Secretary shall reserve an amount that is not less than 75 percent of the total amount for qualified beginning farmers and ranchers.
Of the amounts reserved for a fiscal year under subclause (I), the Secretary shall reserve an amount not less than 2/3 of the amount for the down payment loan program under section 1935 of this title and joint financing arrangements under section 1927(a)(3)(D) of this title until April 1 of the fiscal year.
(III) for each of fiscal years 2008 through 2023, an amount that is not less than 50 percent.
Except as provided in clause (i)(II), funds reserved for qualified beginning farmers or ranchers under this subparagraph for a fiscal year shall be reserved only until September 1 of the fiscal year.
Of the amounts made available under paragraph (1) for guarantees of farm ownership loans, the Secretary shall reserve an amount that is not less than 40 percent of the total amount for qualified beginning farmers and ranchers.
Of the amounts made available under paragraph (1) for guarantees of operating loans, the Secretary shall reserve 40 percent for qualified beginning farmers and ranchers.
Funds reserved for qualified beginning farmers or ranchers under this subparagraph for a fiscal year shall be reserved only until April 1 of the fiscal year.
If a qualified beginning farmer or rancher meets the eligibility criteria for receiving a direct or guaranteed loan under section 1922, 1935, or 1941 of this title, the Secretary shall make or guarantee the loan if sufficient funds reserved under this paragraph are available to make or guarantee the loan.
(ii) beginning on September 1 of each fiscal year, the Secretary shall use available unsubsidized guaranteed farm operating loan funds to provide direct farm ownership loans approved by the Secretary to qualified beginning farmers and ranchers, if sufficient direct farm ownership loan funds are not otherwise available.
The Secretary shall limit the transfer of funds under subparagraph (A) so that all guaranteed farm operating loans that have been approved, or will be approved, by the Secretary during the fiscal year will be made to the extent of available amounts.
Notwithstanding subsection (a), subject to subparagraphs (B) and (C), beginning on September 1 of each fiscal year, the Secretary may use available funds made available under subchapter III for the fiscal year to fund the credit sale of farm real estate in the inventory of the Secretary.
The transfer authority provided under subparagraph (A) shall not apply to any funds made available to the Secretary for any fiscal year under an Act making supplemental appropriations.
The Secretary shall limit the transfer of funds under subparagraph (A) so that all emergency disaster loans that have been approved, or will be approved, by the Secretary during the fiscal year will be made to the extent of available amounts.
If the Secretary determines that the amount needed for a fiscal year for direct operating loans (including microloans) under subchapter II is greater than the aggregate principal amount authorized for that fiscal year by this Act, an appropriations Act, or any other provision of law, the Secretary shall make additional microloans under subchapter II using amounts made available under subparagraph (C).
(iv) the Committee on Agriculture, Nutrition, and Forestry of the Senate.
There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2019 through 2023.
The Secretary shall develop long-term cost projections for loan program authorizations required under subsection (a) of this section. Each such projection shall include analyses of (1) the long-term costs of the lending levels that the Secretary requests to be authorized under subsection (a) of this section and (2) the long-term costs for increases in lending levels beyond those requested to be authorized, based on increments of $10,000,000 or such other levels as the Secretary deems appropriate. Long-term cost projections for the three-year period beginning with fiscal year 1983 and each three-year period thereafter shall be submitted to the House Committee on Agriculture, the House Committee on Appropriations, the Senate Committee on Agriculture, Nutrition, and Forestry, and the Senate Committee on Appropriations at the time the requests for authorizations for those periods are submitted to Congress. Not later than fifteen days after October 13, 1980, the Secretary shall submit to such committees long-term cost projections covering authorized lending levels for the loan programs for fiscal years 1981 and 1982.
(1) Notwithstanding any other provision of law, not less than 25 per centum of the loans for farm ownership purposes under subchapter I of this chapter, and not less than 25 per centum of the loans for farm operating purposes under subchapter II of this chapter, authorized to be insured, or made to be sold and insured, from the Agricultural Credit Insurance Fund during each fiscal year shall be for low-income, limited-resource borrowers.
(2) The Secretary shall provide notification to farm borrowers under this chapter, as soon as practicable after April 10, 1984, and in the normal course of loan making and loan servicing operations, of the provisions of this chapter relating to low-income, limited-resource borrowers and the procedures by which persons may apply for loans under the low-income, limited-resource borrower program.
This chapter, referred to in subsecs. (a) and (d)(2), was in the original "this title", meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307 , known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 1921 of this title and Tables.
This Act, referred to in subsec. (b)(5), is Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 294 , known as the Agricultural Act of 1961. Title III of the Act, which is classified principally to this chapter, is known as the Consolidated Farm and Rural Development Act. For complete classification of these Acts to the Code, see Short Title notes set out under sections 1911 and 1921 of this title and Tables.
2018-Subsec. (a). Pub. L. 115–334, §5401(g), struck out comma before period at end.
Subsec. (b)(1). Pub. L. 115–334, §5302, substituted "$10,000,000,000 for each of fiscal years 2019 through 2023" for "$4,226,000,000 for each of fiscal years 2008 through 2018" in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which set aside, out of the $4,226,000,000 loan amount authorized, $1,200,000,000 for direct loans and $3,026,000,000 for guaranteed loans.
Subsec. (b)(2)(A)(ii)(III). Pub. L. 115–334, §5303, substituted "2023" for "2018".
Subsec. (b)(5). Pub. L. 115–334, §5304, added par. (5).
2014-Subsec. (b)(1). Pub. L. 113–79, §5304, substituted "2018" for "2012" in introductory provisions.
Subsec. (b)(2)(A)(ii)(III). Pub. L. 113–79, §5305, substituted "2018" for "2012" and struck out "of the total amount" before period at end.
2008-Subsec. (b)(1). Pub. L. 110–246, §5303(1), substituted "$4,226,000,000 for each of fiscal years 2008 through 2012" for "$3,796,000,000 for each of fiscal years 2003 through 2007" in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 110–246, §5303(2), in introductory provisions, substituted "$1,200,000,000" for "$770,000,000", in cl. (i), substituted "$350,000,000" for "$205,000,000", and, in cl. (ii), substituted "$850,000,000" for "$565,000,000".
Subsec. (b)(2)(A)(i). Pub. L. 110–246, §5302(b)(1)(A), in subcl. (I), substituted "an amount that is not less than 75 percent of the total amount" for "70 percent" and, in subcl. (II), inserted "; joint financing arrangements" at end of heading and, in text, substituted "an amount not less than 2/3 of the amount" for "60 percent" and inserted "and joint financing arrangements under section 1927(a)(3)(D) of this title" after "section 1935 of this title".
Subsec. (b)(2)(A)(ii)(III). Pub. L. 110–246, §5302(b)(1)(B), substituted "2008 through 2012, an amount that is not less than 50 percent of the total amount" for "2003 through 2007, 35 percent".
Subsec. (b)(2)(B)(i). Pub. L. 110–246, §5302(b)(2), substituted "an amount that is not less than 40 percent of the total amount" for "25 percent".
2002-Subsec. (b)(1). Pub. L. 107–171, §5311, reenacted heading without change and amended text generally. Prior to amendment, text related to guaranteed loans under subchapters I and II of this chapter from the Agricultural Credit Insurance Fund provided for in section 1929 of this title for fiscal years 1996 to 2002.
Subsec. (b)(2)(A)(ii)(III). Pub. L. 107–171, §5312, substituted "2003 through 2007" for "2000 through 2002".
1996-Subsec. (a). Pub. L. 104–127, §641(1), in second sentence, struck out "with or without authority for the Secretary to transfer amounts between such categories within a given program for more effective administration" before period at end.
Subsec. (b). Pub. L. 104–127, §641(2), added subsec. (b) and struck out former subsec. (b), which set forth maximum amounts for direct and guaranteed loans under the Agricultural Credit Insurance Fund for fiscal years 1991 to 1995.
1992-Subsec. (b)(2). Pub. L. 102–554, §20(b), inserted sentence at end.
Subsec. (b)(3)(D) to (G). Pub. L. 102–554, §20(c), (d), added subpars. (D) to (G).
Subsec. (b)(5), (6). Pub. L. 102–554, §20(a), (e), added pars. (5) and (6).
1991-Subsec. (b). Pub. L. 102–237, §702(i), repealed Pub. L. 101–624, §2388(i). See 1990 Amendment note below.
Subsec. (b)(3)(C). Pub. L. 102–237, §701(h)(1)(F), substituted "this chapter" for "this Act" in two places.
1990-Subsec. (b). Pub. L. 101–624, §2388(i), which amended subsec. (b), in par. (1)(B), by striking "subparagraph (C)" and inserting "paragraph (3)"; in par. (1)(C), by striking "subparagraph (A)" and inserting "paragraph (1)"; by redesignating pars. (1)(A), (B), (C), (D)(i), and (E) as (1), (2), (3), (4), and (5), respectively; in par. (2), by redesignating cls. (i), (ii), and (iii) as subpars. (A), (B), and (C), respectively; in subpars. (A) to (C) of par. (2), by redesignating subcls. (I) and (II) as cls. (i) and (ii), respectively; and in par. (5), by redesignating cls. (i), (ii), and (iii) as subpars. (A), (B), and (C), respectively, was repealed by Pub. L. 102–237, §702(i). See Construction of 1990 Amendment note below.
Pub. L. 101–508, §1202(a), amended subsec. (b) generally, substituting present provisions for provisions relating to maximum amounts for loans under the Agricultural Credit Insurance Fund and the Rural Development Insurance Fund for fiscal years 1986 through 1988.
1985-Subsec. (b). Pub. L. 99–198, §1317(a), amended subsec. (b) generally, substituting provisions setting maximum amounts for loans under the Agricultural Credit Insurance Fund and the Rural Development Insurance Fund for each of fiscal years ending September 30, 1986, through September 30, 1988, for provisions setting such amounts for each of fiscal years 1980, 1981, and 1982.
Subsecs. (d), (e). Pub. L. 99–198, §1317, struck out subsec. (d) which authorized special amounts for fiscal year 1982, redesignated subsec. (e) as (d), and in par. (1) substituted "25 per centum" for "20 per centum" wherever appearing and "each fiscal year" for "fiscal year 1984".
1984-Subsec. (e). Pub. L. 98–258 added subsec. (e).
1981-Subsec. (d). Pub. L. 97–35 added subsec. (d).
1980-Pub. L. 96–438 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Amendment by section 701(h)(1)(F) of Pub. L. 102–237 to any provision specified therein effective as if included in act that added provision so specified at the time such act became law, and amendment by section 702(i) of Pub. L. 102–237 effective as if included in the provision of the Food, Agriculture, Conservation, and Trade Act of 1990, Pub. L. 101–624, to which the amendment relates, see section 1101(b)(7), (c) of Pub. L. 102–237, set out as a note under section 1421 of this title.
Pub. L. 101–508, title I, §1301, Nov. 5, 1990, 104 Stat. 1388–12 , provided that: "This title and the amendments made by this title [enacting section 940d of this title, amending this section, sections 511r, 1441–2, 1444–2, 1444f, 1445, 1445b–3a, 1445c–3, 1445j, 1446e, 1446f to 1446h, 1722, 1736, 1736a, 1783, 1999, and 5822 of this title, and section 136a of Title 21, Food and Drugs, enacting provisions set out as notes under sections 136w, 1421, and 1445b–3a of this title, and amending provisions set out as notes under sections 1421 and 1999 of this title] shall become effective 1 day after the date of enactment of the Food, Agriculture, Conservation, and Trade Act of 1990 [Nov. 28, 1990], or December 1, 1990, whichever is earlier."
Pub. L. 102–237, title VII, §702(i), Dec. 13, 1991, 105 Stat. 1881 , provided that: "Subsection (i) of section 2388 of the Food, Agriculture, Conservation, and Trade Act of 1990 (104 Stat. 4053) [Pub. L. 101–624, amending this section] is hereby repealed and the Consolidated Farm and Rural Development Act [title III of Pub. L. 87–128, see Short Title note set out under section 1921 of this title] shall be applied and administered as if the amendments made by such subsection had never been enacted."
Pub. L. 106–2, §1, Mar. 15, 1999, 113 Stat. 5 , provided that: "Amounts shall be made available pursuant to section 346(b)(1)(D) of the Consolidated Farm and Rural Development Act [7 U.S.C. 1994(b)(1)(D)] for guaranteed loans, without regard to any reservation under section 346(b)(2)(B) of such Act."