Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1840-02-13
HOUSE OF REPRESENTATIVES,
JANUARY so, 1910.
AABILL,
To Se entitled, An Act 70 reform the Banks and
Currency Of this State.

4
To Se entitled, An Act 10 reform the Banks and
Currency Of this State.
SECTION ] Be ID enacted By the legislature
oftks Stale of Mississippi, That il shall be the
duty ofthc Governor Immediately to cause
proceedings to be instituted in the circuit courts
Of the county in which the principal bank is
located, by writs Of quo warranto, 20 enforce
forfeiture OF the charters Of all such banks as
he has reason to believe were founded in fraud.
or have been conductedor managed fraudulent
", or which, during the whole the last twelve
months, have failed topay specie for their
notes on demand; which wrts of quo warranto
NAV DO issued on the information oflhe attorny
general, district atty Of the proper district, or
Of such individual as may be empowered by
commission, o be issued by the Gov.to prosecute
tho same; to the issuance of which!writ, said in.
formation shall be sufficient without further
showing; and such writ being returned execu.
ted by the sheriff, or other proper officer on
the president, cashier, or other chief officer of
such bank, or q majority of the directors,
managers or trustees thereof, or failing these,
by copy left aiand posted on the last place of
business Of such bank, at least ten days before
the day 10 whichihe same may be MADE return
able, shall be triable al the return term thereof
and shall have precedence of all other suits,
causes, plants, motions and actions whatsoever,
whenever the State may desire the trial there
Of
Sec. 9. BE IL further enacted, That said
writ shall be returnable to such day in term, or
to such day out Of regular term as aforesaid, to
be specially named and designated for the trial
Of said writ, which sessions shall be special
terms; and every circuit Judge, on application
as aforesaid, shall, at the instance Oft the State,
laying by all other business appointments or
terms prescribed, and providing first of all for
the trials herein provided for, fix and order
special terms 10 be holden for the trial of said
wrts, and make the same returnable and try
the same accordingly, and at such terms, rs
well as at the regular terms, shall continue its
sessions without limitation, for the trial oil such
writs, and may adjourn the same TO special
terms for trial or further proceeding therein,
aud have full and ample powers to order wrts
Of venire lacias, TO empanncl juries, whether
previously warned or not, and 10 proceed final
ly to adjudicale upon the said writs.
SEC. 3. Be IL further enacted, That said
writs may issue either in term time or vaca-
iion, on information then filed, and no excep-
ton, demurrer, motion to .quash, or other mo-
ton, shall be sustained against such writ, in
formation, or other part Of the proceedings in
mid suit, for want Of form; but said courts
shall proceed in and determine the said writ
as speedily as practicable, consisten. with
justice.
Sec A. Belt further enacted, That when.
ever judgment of forfeiture or judgment in
favor ofthe State may be rendered upon such
writ or proceeding, the court before which such
suit mx4 be tried, shall 'appointthree commits
sioners, who shall have been for at least twelve
months next previously citizens Of the county
where such judgment may be rendered, to take
INTO possession and charge, a.! the books, pa
pers, evidences Of debt or title, goods, effects
and property, Of whatsoever nature or kind,
belongngto such bank; to efiectwhich object
a writ commanding the same shall be issued
by the clerk OF said court, and executed by the
sheriff or other proper officer ofthe county I'M
which such principal bank maybe located and
like writ or wri.s shall be issued to, and execu-
ted by, the sherifs or other proper officers of
any county or counties in which any branch Of
said bank may be located, or in which any OIL
it's effects may be; and il shall be the duty oil
the sheriff or other officer executing said writ
or writs, TO cause full and perfect inventory
70 DO made in the presence Of at least two res
pectable citizens, duly sworn TO make the same
fully and 'fairly, OF all the books, papers, evi- /
dences ofdebt or title, goods, effects and prop
crty, and to return the said inventory with the
receipt ofthe commissioners for the said assets, (
together with the writ, to the clerks office OF
said circuit court, to be there filed, aud to be-
come part Of the record Of said suit.
SIC. 5. Be il further enactsd, That each
commissioner shall, before entering upon the
duties imposed by this act, execute bond, TO
be approved by said court, in such penalty and
with such sureties and conditions as may be
required by said court; which bond shall be
payable to the Governor and his successors in
Office, and may BE- prosecuted at the instance
q thc State, Or Of any party aggrieved by
breach thereof, and Shall not be void on the
ntst recovery, but may represented until the
lnh penalty thereof be paid. Said commits
sioners Shall continue as such tor two years,
unless sooner removed by the court appointing
lhem; and all vacancies shall be supplied by /
appointment, to DO made as aforesaid Said
shall, likewise, before executing
sald duties, each make oath or affirmation be-
'ore SEINE Judge or justice Of the peace, that he
will faithfully and honestly, and without favor
y prejudice, discharge his duties as commits
'loner as aforesaid, according 10 law, and file
certificate of said oath in the clerks Office of