Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1844-04-20
FAYETTR, MISSOURI, SATURDAY, APRIL 20, Is44.

IN Inc name ana 10 the use OF the State, or
by Indictment; and il shall be the duty of
the grand jury in each county to indict
any person guilty Of violation of either
of the provisions Of the first section Of this
act. ...
Sec. 3. II shall he the duty Of the
proper circuit attorney, upon satisfactory
information, to institute and prosecute, in
the proper circuit court, all civil suits for
the recovery of the forfei,ures in the pre-
ceding sections mentioned.
Sec. 4. If any person exercising any
business or occupation by virtue of IL
cense granted in this State, shall violate
either of the provisions of the first section
Of this act, the license of the person so
offending shall be forfeited, and he shall be
liable on conviction of such offence, to all
the penalties imposed by law for exercising
such business or occupation without IL
cense, if, after such forfeiture, he shall con-
,inue TO exercise such business or occupa-
ton without obtaining new license.
Sec. S. If any incorporated company
in this State, shall violate either of the pro-
visions of the first section of this act, the
charter of such company shall be forfeited;
and it shall be the duty of the circuit at
torney of the proper circuit, or such other
person as the Governor may appoint, to
institute legal proceedings against such in
corporated company in the manner hereto
fore provided.
Sec. 6. Whenever the Governor shall
be satisfied that there is probable cause
for proceedings against any such incor-
ated company, for violation of any Of the
provisions of this act, it shall be his duty
to direct the circuit attorney of the proper
circuit, or such other person as the Cover
nor may appoint, to file in the Office of the
Clerk of the Circuit Court allegations spe-
cifying the charges upon which such pro-
ceeding is instituted, and upon the filing of
such allegations summons, accompanied
with copy of the allegations shall be
issued by the clerk, commanding such in
corporated company, by the corporate
name thereof to appear and answer the
complaints of the State, which summons
shall be returnable in like time, and man.
ner, and Inject to the same rules and regu-
ations as processes in case of individuals.
Sec. 7. When any such summons shall
be issued against any incorporated COM
pany, service on the president, or cashier.
or secretary, or chief clerk, or to any d.
pany, shall be deemed sufficient service of
such summons
Sec. 8. No proceeding, Instituted under
the provisions of this act, shall be dismissed
on account of any defect in any Of the
allegations filed, but the same may be
amended in such time and manner as the
court shall direct.
Sec. 9. To the charges in the allega-
tions contained, such company may plead
not guilty, and therefore the State shall
take issue, which issue shall be tried in the
same manner as like issue between the
State and an individual.
Sec. 10. If such company shall be
found guilty of any of the charges in such
allegations contained, the charter of such
company shall be adjudged forfeited, and
the corporation dissolved, and the costs of
the proceedings shall also be adjudged
against such company. If Judgment of
acquittal shall be rendered, the costs shall
be paid by the State.
Sec. IL. The proceedings upon such
allegations shall be Instituted and prosecu-
ted to final judgment, in any circuit court
of any county adjoining the county in
which such incorporated company may be
situated.
Sec. 10. No incorporated company in
this State, except the Bank of the State of
Missouri and its branches, shall exercise
any banking powers or privileges what
ever, either by issuing money, by receiving
money on deposit, by discounting bonds,
bills or notes, or by buying or selling bills
of exchange, or other money securities;
and all clauses in any act of incorporation,
except as aforesaid, comforting any such
powers or privileges, are hereby declared
TO be contrary to the constitution of this
State, and null and void; and if any such
incorporated company, except as aforesaid,
shall loan money, receive money on depos.
tie, discount bonds, notes or bills, buy or
sell bonds, notes, bills of exchange or other
money securities, or loan bank paper, after
the first day of June next, the charter of
such incorporated company shall be for
feited, and the same measures shall be taken
by the same officer or person, and in the
same court, for declaring and adjudging
such forfeiture, as provided in the preced-
ing sections of this act for violations by
incorporated companies of either of the
provisions of the first section of this act.
Sec. 10. Whenever any circuit attor-
ney shall be satisfied that there is probable
cause for proceedings against any incor-
porated company, within his circuit, for
violation of any of the provisions of this
act, it shall be his duty TO institute and
prosecute such proceedings in the same
way as if he was directed to do so by the
Governor.