The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-07-09

more creditable person or persons, shall be
presented to him, stating that he or they
have good reason to believe, and do verify
believe, that any corporation, person or
persons are exercising, using and enjoying
within the district of such district attorney,
without legal warrant and authority, the
franchise Of being a banking corporation,
forthwith 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 a
quo tGrraptO, against the corporation, per-
son or persons aforesaid, upon the filing of
which information it shall be, and is here
by made the duty Of the clerk ofsaid court,
to issue the proper process against such
corporation, person or persons, returnable
to the term ofthe circuit court aforesaid
next succeeding the day on which such in
formation shall he filed.
sSEd. 8, That when process shall be is
sued against any bank upon information
filed under the provisions Of this act, the
same shall be served by the sheriff brother
proper officer, who shall execute the same
by delivering a copy thereof to the pFesi-
dent, cashier, or secretary ofsuch bank, or
ifthere be no such president cashier, or
secretary, or ifthe sheriff or 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 process shall be issued against any
person or persons, upon information filed in
pursuance of the provisions Of the second
section Of this act, such process shall like
wise be served by the sheriff or other pro-
per officer, who shall execute the same by
delivering a copy to every such person or
persons whom he can find in his county,
and by leaving copy for those whom he
is unable to find at the banking house or
other place occupied for the purpose ofexer-
cising the franchises aforesaid.
SEC. 4. That all information in pursu-
ance of this act, shall be docketed upon the
common law issue docket, and shall be
tried at the first term ofthc court after they
shall be fled: provided, the process issued
against them shall have been served twen-
ty days before the commencement of the
court: and provided, that each party shall
be entitled to continuance upon the proper
showing ;rsaid causes shall have priority
overall other civil causes upon the docket,
and when an Issue of fact shall be made up
it shall be tried by the ordinary jury in at
tendance upon the court in the same man
ner and under the same rules and regula-
tons that govern upon the trial of civil
cases.
SEC. 5. That the provisions Of this act
shall not extend to the funds which legiti-
mately belong to the state of Mississippi, or
TO the Commercial and rail road bank of
Vicksburg, or to the West Feliciana rail
road and banking company so as to affect
the railroads and their operations.
SEC, 6. That upon information being
fled in pursuance of the provisions Ofthis
act, it shall be the duty of the clerk, as a
matter of right on the part Of this state, to
issue an injunction or injunctiOns to restrain
all persons from the collection of any de-
mands claimed by said bank or banks, per-
son or persons or assignees or corporations,
and all their officers and agents, or other
person or persons, until the said informa-
ton be finally trailed and determined, and |
said Injunction shall have the Office and eff.
feet of an Injunction in chancery; which |
injunction shall be served by the sheriff or
other proper officer Of the county in which
said information may be filed upon such
corporation, bank; assignee or assignees, if |
any there be, person or persons, or their
officers or agents, in like manner as injunc- |
lions in ebapcery are served.
SEC. z. That none of the provisions of
this act shall be so construed as to prevent
any bank or corporation, assignee or as
signees, or any Of their officers or agents
from suing out attachments in the same