The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-09-17

lOTney in this state, whenever be shall havl
reason to behave, or whenever the aGidaVit o
One OF more cFeditable person or pagsOns ShaI
Dc presented 70 him stating that be or theJ
have good reason 70 believe, and do verify be
Eieve that any Incorporated bank, located with
IN his district, has been guilty Of . violation o
any Of the provisions Of ito charter, or Inns done
or omitted TO do any act or acts, the doing oil
omission Of which wOuld ia law work q EoFiei.
ture OfitS charter, or 10 commanded or prohibi.
ted BY its charter, or any statute Of the state Ia
relation to banks, forthwith 70 Gle bill Ia Che
CLERKS once Of the circuit court, of the county
IN which such bank shall be located, an inlog.
nation in the nature Of a quo wRfFantO againoI
such hank, upon the Cling of which in(oFma ton
It shall be, and Thereby made the duty Of the
clerk Of such court 60 issue the proper process
against such bank, FeIuTnable to the term of the
circuit court Aforesaid, next succeeding the day
on which such information shall be 6led.
Sac. 2. That IL shall be the duty Of eaeh and
every district attorney in this state whenever
he shall have reason to believe, OF whenever the
attdavit OF one or more oreditAble person OF per.
sons, shall be presented 10 him, stating that he
nr they have good reason to believe, and do YER.
lily believe, that any corpora tiOn, person or Der.
SOnO are exercising, using aud enjoying within
the district Of such district attorney, without
legal warrant and authority, the franchise Of be-
ing banking corporation, forthwith to Gle In
the clerks once Of the circuit court Of the
county in which such franchise shall be 90 exeF-
cised, used and enjoyed, an information in the
nat1FO Of quo wAFranIO, against the corpora.
ton, person or peTsOns alOTelaid, upon the ding
OF which information Il shall be, and Is hereby
made the duty Of the clerk Of said court, 10 10.
sue the proper process against 'ueh corporation,
person or peFsOns, Teturnable 70 the term Of the
ICsn ~
on which such information shall he fled.
SEC. 3. That when process ahall DO issued
against any bank upon information fled under
the provisions Of this act, the same shall be ser
we'd by the sheriff or other proper officer, who
shall execute the sRme By deTv eFing a copy
thereof to the president, Gather, or secretary
Of snch bank, or il there be M such president,
cashier, or secretary, or If the sheriff or other
officer is unable to 6nd them, then by leaving q
copy Of such process at the banking house, or
OtheF place Of Business Of said hank; and when
pFOcesl shall be iSSued against any person or
peFsOOS, upon information filed in pursuance Of
the pF,wiSiOnS Of the second section of this act,
such process shall likewise be served by the Sher-
ilf or ether proper officer. who shall execute the
same by delivering q copy 10 every such person
or persons whom he can End in his county, and
by leaving copy foe those whom no Is unable
TO end At the banking bouae or other place Oc-
cuPied iOE The purpose Of exercising the fEan.
sEC I. That az Information in pununnes or
this not, shall DO dOck0 ed upon The common
law issue docket. and shall be tried st fhe first
term Of the court after they shall be- 6lel pro.
vided, the process Issued against then shall have
been served twenty days before the Commence.
meat Of the cOnFt and provided, that each par.
~ shall ne entitled TO continuance upon the
pTopeT showing said causes shall have priority
over all other civil causes upon the docket, and
when an iS'ue Of fact shall be made up Il shall
he tried by the ordinary jury in attendance upon
the court in the same manner and under the
sane rules and regulations that govern upon the
trial Of civil Gases,
SIC. S. That the provisions Of this act shall
not extend to the funds which legitimately be-
long to the state Of Mississippi, cF to the Com
meTcial and rail road rank Of VIcksbnrg, or 70
the West FelieiaRa railroad and banking con.
Pany, 90 a. to affect the railrOad' and their Ope-
ratioRs.
SEC. 6. That upon information being GIed in
pursuanes Of the provisions Of this act, il shalI
he the duty Of the clerk, aS a matter Of right on
the part Of this state, TO issue an INJUNCTION or
injnnctiOnS to restrain all peTSonS from the col-
lection Of any demands claimed by said barb OF
hanks, person or persons ~ Assignees or corpora
iions and all their officers and agents, or other
person or persona, until the said Information be
finally tFailed and determined, and said injune
ton shall have the office and effect Of an 1junc-
ton in chanoeFy: which injunction shall be ser.
we'd BY the sheriff OF other proper ofioer Of the
county in which said information may BE- 6led
upon Sneh coFpOEaIiOn, bank assignee OF assis-
NeeSs If any there he, person or persons, or their
officers or agents. in like manner AZ iDjunetiOns |
Ia ohanceTy are served.
SEC. 7. That none Of the provisions Ofthis |
act shall ne % construed as to prevent any bank
mr. corporation, assignee or asSigneeS. or any Of
their O6cerS or agents from suing Out attach |
msnts in the same manner and for the ZANE |
cause that other eTsditOrs are allOW I'd lawfully
10 do.