Louisville messenger. (Louisville, Miss.) 1842-1843, 1843-08-19
NO. VIII.

a'"h " ri'"h ut Nlu uuly vi cdCH ana
every District Attorney in this State,
whenever he shall have reason 10 be-
lievc, or whenever the AFFIDAVIT of
one or more credi'able person, or per-
sons, shall be presented to him, sta
Ting that he, or they, have good rea-
son to believe, and do verify believe,
that any corporation, person, or per-
sons are exercising, using and enjoy
ing, within the district of such
district attorney, without legal war
rant and authority, the franchise Of
being a banking corporation. forth
with TO file in the clerks Office of the
circuit court OF the county, in which
such franchise shall be SO exercised,
used and enjoyed, an Information in
the nature of IA quo warauto, against
the corporation, person or persons
aforesaid, upon the filing Of which
information IT shall be, tndis hereby
made the duty Of the clerk Of said
court, to issue the proper process
against such corporation, person, or
persons, returnable 20 the term ofthe
circuit court aforesaid, next succeed
ing the day on Which such informa-
ton shall be filed.
Section 8. Be it further enacted.
That when process shall be issued
against any bank upon information
filed under the provisions Of this act,
the same shall be served by the sher-
1T or other proper officer, who shall
execute the same by delivering a
copy thereof TO the President, Cash
lei, or Secretary of such bank, or If
there be no such President, Cashier,
or Secretary, or ifthe Shelifrcr other
officer is unable to find them, then
by leaving copy of such process at
the banking house, or other place of
business OF said bank. and when pro-
Cess shall be Issued against any person
upon Information filed in
pursuance of the provisions Of the
second section OF this acf. such pro.
cess shall likewise be served by the
Sheriff or other proper officer, who
shall execute the same by delivering
a copy to every such person, or per-
sons, whom he can find in his county,
ana by leaving copy for those
whom he is unable to find, at the
banking house or other place occu-
pied for the purpose of exercising the
franchise aforesaid. ~ $50
Section 4. Be it further enacted,
That all information in pursuance of
Ills act, shall be docke,ed upon the
Common law issue docket, and shall
be tried at the fir.t term Of the court
after they shall be filed, provided,
he process issued against them shall
nave been served twenty days be-
lore the commencement OF the court,
and provided that each party shall be
entitled TO continuance upon The pro-
per showing; said causes shall have
over all other civil causes
upon the docket, and when an issue.
,i fact shall be made up. it shall be,
-ried by the ordinary jury in atten-,
lance upon the court in the same
manner and under the same rules &
regulations that govern upon the
rial OF civil cases.
Section S. Be it further enacted,
That the provisions of this act shall
not extend 10 the funds which legiti-
mately belong TO the State Of Missis-
ippi, OF the Commercial and Railroad
tabk of Viz ksburg, or 10 the West
Feliciana Railroad and Banking
so as to affect The Rail
Road and heir operations.
Section 6. BE it turther enacted,
That upon information being iIed in
PURSUANCE of the provisions of this
act, it shall be the duty Of the clerk
as matter of right, on the part of.
this Stale, 10 issue all injunction or
injnc tions to restrain all persons
from the collection of any demands
claimed by, said bank or banks, per.
son or persons, or assigne s Of, cor9o-
and all their officers and
agents or other person or pesaons,-
un il the said information be finally
tritd and determined, and said in
junction shall have the office and
feet Of an injunction in chancery;
which iniuncuo shall be served by
The sheriff or other proper officer Of
The county in which said information
may he 6led npop such ihcorporatlon,
bank, assignee or asslgnees, IT any
there lie, person or persons, or other
lnff,cnrS or nnGnlr In Lie manner az