The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-09-24


shall be the duty OF each and every disirict at-
IorneY in this state, whenever be shall have
reason TO believe, or whenever the afidayit of
one or more credilable person or peES0nS shall
be presented TO bin stating that be or they
have good reason to believe, and do verify be-
lIeve that any incorporated 5aDks located with
in his district, has been guilty off violation oil
any Of the provisions Of It's charter, or has done
or omitted TO do any act or actss the doing o.
omission Of which would in law work foriei.l
tuFe Ofiis charter. or is commanded or prohibits
ted BY its charter, any statute Of the state ~
relation TO banks, forthwith 70 hls a bill in the
clerkis Office Ofthe ciToHit court, 0f the county,
in which such bank shall be located, an infor-l
nation in the natOpa Of quO wnEEantc agNinstl
such hank, upon the Cling Of which Information
it shall he, and is hereby A. ds the, duty Of the
clerk Of such court 70 issUe the proper process
against such bank, FeIurnable to the term Of the
circuit court aforesaid, next succeeding the day
ON which such information ahall be 6led.
SeO. 2. That it shall be the duty of esch and
every district attOrnry in this state whenever
he shall have reason to believe, or whenever the
fidayit Of one or more creditnble person or per.
sons, shall BE- presented 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
legal warrant and authority, the franchise Ofbe-
| ing a banking corporate ION, forthwith TO hle IN
the clerks Office Of the circuit court OF the
county in which such franchiae shall be SO exefs
cised' used and enjoyed, an Information in the
nature Of quo wHrranIO, against the corpoFa-
ton, person OF persons Aforesaid, upon the thing
of which information it shall be, and IS hereby
made the duty OF the clerk OF said c"urta loais-
.ue the proper process against such corporation,
| Ia IN fhn n hA
circuit court aforesaid next succeeding the day
on which such information shall he filed.
SEc 8. That when process shall be 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 Oiilstr, who
.haIl execute the same by delIV eFiIg copy
h4raOf to the president, cashier, or secrt tary
of snoh bank, or iG there be no such president
cashier, or secretary, or If the sheriff or Other
,fficer is unable TO End them. then by leaving a
. capy of SUCH process at the banking house, Of
,ther place Of business Of said bank; aud when
roces, shall be issued against any person OI
aersons. uoOu lnfoFmHtiOn fled in pursuance o.
tho provisions of the second srctiOn Of this act
suci process shall likewise he served bV the shPT
q Or ether proper oficPr WHO shall execute chs
same by delivering a copy 10 every such peTs,I
ut o. rsenS whom he can find in his county, ant
nv leavins copy for those whom he 10 unab
to And at the banking hon'e OF other place oe
cmpied fof the puTpose Of exercising the fran
cnises Aforesaid. t3 e~- Hat.
SEC, a. That all information in pursnsuce. o
this act shah Oe dOcke ed upon the cOlmOt
lay issue docket, and shall BE- tried at the iTs
term Of the court after they shall be filed; plo'
,ided. the process issurd against them shall have
been serS ed twenty days before the commence
meat o. the court and provided, that ca IN par
~ shall ne entitled 10 continuance upon thu
roper showing said causes shall have priority
over all olher civil causes upon the docket, an
7 when an issue Of fact shall be made up It shal
be tried by the ordinary jury in attendance npoI
The court in the same manner and under th'
: aame rules and regulations that govern upon III
, trial of civil cases, s H3 y
SIC. s. That the provisions Of this act shall
: not extend 10 the funds which legitimatelg be
long tn the state of Mississippi. ~ to the Cum
> meroiaI and rail road bank Of VIck.bnrgs or &
the West Fehciana railroad and banking com
u, my, 90 % TO Affect The FAilrOadS and their Ope
' ratiOns. -s t III sea ID. ..s.
SEC. 6. That upon information being 6Ied j
nursuance At the provisions Of this act IL Rhal
he the duty Of the clCrk, as matter of right OF
the pnrt " this state, 10 issue an injunction o
liniuneI0ns to rastrain all persons from the col
0 lection Of any denaads claimed by said back o
a blanks, person or persons HsSignees OF corpora
ltioqs aud all their officers and Hgents, or Othe
9 nPrson or persons, until the said affirmation b
finally trailed aud determined, and said injunc
ton shall have the office and effect Of an injunc
: ton in chsnceTy; which injunction shailbe ser
a tv,i BY the sheriff or other proper Oficer OF tn
county in which said iuioFmstIUn may be Gle
q upon such corporation, bank; assignee or assig
neps, il any there he, peFgon or pefsOnS, Or thei
officers or agents, in like manner as injunction
: Ein chaDceFV aFe served.
SEC. I. That none Of the provisions OFfhi
act shall be 90 construed ne to prevent any ban
s W corporation, assignee or assignees or any
their o6icrrs or agents frlm snug out attach
menIs in the 90 ne manner and for the sam
y eanss that other creditors are allOaed lawful
o to do.
r IT,. l.., ,Av,css t,om The Pacific max