The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-09-10

| ohaH uo tue uuty OF euCn auU every UtSIElCG ate
orneY in this state, whenever he shall have
reason to believe, or whenever the affidavit OF
one or more crediiabe person or persons shall
be presented TO him stating that me or they
have good reason to believe, and do verify be-
lIeve that any Incorporated bank, located with.
IN his district, has been guilty Of violation Of
any OF the provisions Of its charter, or has done
or omitted TO do any act or acts, the doing or
omission Of which would in law work forfeit
ture Ofits charter, or is commanded or pruhib-
ted by its charter, or any Statute Of the state in
relation TO banks, forthwith 20 file bill in the
CLERKS office OF the circuit court, Of the county
IA which such bank shall be located, an i1IoF.
nation in the nature Of quo wmrranto against
such bank, upon the filing Of which Interruption
1t shall be, and is hereby il ade the duty Of the
clerk of such court to issue the proper process
against such bank, Teturnable to the term of the
circuit court Aforesaid, next succeeding the day
on which such information shal he fled
Sec. 2. That it shall be the duty of each and
every district attorney in this state whenever
he shall have reason 70 believe, or whenever the
oifidavit Of one or more credtable person or per
sons, shall be present ted TO him, stating that he
or they have good reason to believe, and do yer.
lily believe, that any corporation person or per-
sons are exercising, using and enjoying within
the district of such district attorney, without
iCShl "HiIdHL dIu dutUOttfys the IfdnCDIse 81 he
ing banking corporation, forthwith TO file in
the cleik's office of the circuit court Of the
equity in which suoh franchise shall be so exer-
cised, used and enjoyed, an Information in the
nature Ola quo warranto, against The corpora
ton, person OF persons aforesaid, upon the filing
OF which information it rise nice is hereby
made the duty Of The clcagainst lrt, 10 is
sue the proper process ag ~ s,ftcf 5rporatioM,
person or persons, retuTnahle 10 the term Of the
circuit court aforesaid next succeeding the day
on which such information shall be fled
SEC. g. That when process shall be issued
against any bank upon information fled under
the provisions Of this act, the same shah be ser
we'd by the sheriff or other proper Office r, who
shall execute the same by delivering a copy
thereof TO the president, cashier, or eecrrtar,
Of snGh bank, OF il there be no such president,
cashier, or secretary, or If the sheriff or other
officer is unable TO find them. then by lea ting
copy of such process at The banking house, or
other place ot business Of said bank; and when
process shall be issued against any person or
persons, upon information fled in pursuance OF
tina provisions Of the second section Of this act
such process shall likewise he served by the shpr
IF or ether proper officer VITO shall execute the
same by delivering a copy 10 every such pers n
or p' rsens whom he can 6ud in his county. and
by leavinI a cory for those whom he is unable
to find at the banking house or other place oc-
cuped for the purpose az exercising the fran,
,ittsee 4 fyTasgfitls 5ssssssf isss
SEc. 4. That all inormation in pursuance OF
this act shall De docke ed npon The oonmons
law issue docket, aud shall be- tried at The FIRST
term Of the court after they shall be ile,i pto
vided, the process Issued against them shall have
been seTN ed twenty days before the commence
ment OF the court and provided, that ca n par.
~ shall he entitled TO continuance up0n the
proper showing said causes shall have priority
over all other civil causes upon tho docket, AMI
when an issue OF fact shall be made up it shalI
be tried by the ordinary jury in attendance upon
The court ia the same manner and under the
same rules and regulations that govern upon the
trial Of civil cases,
SIC. 5. That the provisions Of this act shall
not extend to the funds which Iegitimafely be.
long to the state of Mississippi, OF to the Com
mercial and rail road hank Of VlCk,barg, or 10
the West Feliriana railroad and banking COM
prny, so as to affect the railroads and their ope-
ralions.
SEC. 6. Thst upon information being fled in
OF the provisions of this act, it shall
he the duty of the clerk, as matter Of right on
the part Of this state, 10 issue Injunction or
to restrain all persons from the col
lection Of any demands claimed by said bank or
banks, person or persons assigDees or corpora
lions and all their officers and agents, or other
person or persons, until the said information b.
finally tFailet and determined, and said iuiunc
ton shall have the office and effect Of an niunc-
ton in chanceTy; which injunction shall be ser.
we'd by the sheriff or other proper officer Of the
county 10 which said information may he fled
upon snch corporation, bank assignee or assig- |
uees, il any there he, person or persons. or their
nficers or agents.in like manlier as injunetions
10 ohancerY are served.
SEC. 7. That none Of the provisions Of this |
act shall he construed as to prevent any bank |
ar corporation, assignee or assignees. or any OF
their oficeFs or agents from suing out attach |
menls in the same manner and Tor the same
cause that other creditors are allowed lawfully
to do.