Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1845-08-30

Sec. 4. That all infnrmalions in pur-
suance Of this oct, shall be docketed upon
The common law issue docket, and shall
be treI at the frs term oil the court af-
ter they shall be FLED: provided, the pro.
cess issued against them shall have been
served twenty days before the commence-
ment OF the court: and provided, that
each party shall DO entitled to coaiinu.
ance upon the proper showing; said eau.
ses shall have priority over all other civil
causes upon the docket, and when an issue
of TACT shall be made up ii shall be tried
by the ordinary jury in attendance upon
the court in the same manner and under
tho same rules and regulations that gov
ern upon the trial of civil cases.
Sec. s. That the provisions Of this act
shal not extend to the funds which legit
imSteIy belong to the State'of Mississippi,
or TO the Commercial and rail road bank
Of VicksburG, or the West Feliciana rail
road and banking company, so as TO affect
the rail roads and their operations.
Sec. 6. That upon Information being
filed in pursuance Of the provisions of
this act, It shall be The duty Of the clerk,
as matter Of right, on the part Of this
state, TO issue an injunction or in;uncsions
TO restrain all persons from the collec
ton of any demands claimed by said bank
or banks, person or persons, or assignees
or corporations, and all their officers and
agents, or other person Or persons, until
the said Information be- finally tried and
determined and said injunction shall have
the Office and effect Of an injunction in
chancery; which injunction shall be ser.
we'd 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 a.
gents, in like manner as injunctions in
chancery are served.
Sec. 7. That none Of the provisions OF
this act shall be so construed as to prevent
any bank or corporation, assignee or rs.
signees, or any OF their officers or agents
from suing out attachments ia the same
manner and for the same cause that other
creditors are allowed lawfully to do.
[The four following sections constitute
the AMENDMENT TO the Original Bill
Sec. 8. That upon judgment or forfeit
ure against any bank or banks, corpora
ton or corporations, person or persons,
pretending to exercise corporate powers
in this state, as contemplated by this act,
the debtors Of such bank or banks, cor
poration or corporations, person or per
sous. pretending to exercise corporate
privileges, shall not be released by such
Judgment from their debts and liabilities
to the same; but il shall be the duty Of the
court rendering snch judgment to appoint
one or more trustees 10 take charge OF
the books and assets Of the same 10 sue
for and collect all debts due such bank or
banks, corporation or corporations, per-
son or persons pretending TO exercise cor
porate powers, and 70 sell and dispose Of
all property owned by such bank or banks,
corporation or corporations, person or
persons pretending TO exercise corporate
powers, or held by others for its or their
use, and the proceeds Of the debts when
collected, and Of the property when sold,
10 apply as may hereafter be directed by
aw 10 the payment. OF The debts of such
bank o. banks, corporation or corpora
tons, person or persons pretending to ex-
ercise corporate powers: provided fur.
Their, that the notes Of any such bank or
banks, corporation or corporations, or
others pretending TO exercise corporate
powers, shall at all times be received in
payment Of any debts due the same.
Sec. 8. That such trustees shall give
bond with good and sufhcien. security, in
penalty TO be prescribed by tho court or
determined by law, conditioned to dlligent'
y and faithfully collect the debts due
such bank or banks, corporation or cor.
poratloas, or person or persons, pretend
ing TO exercise corporate powers, and to-
sell and dispose Of the property belong.
ing TO the same, and the proceeds when
collected, to pay over as may hereafter
be directed by law: provided, however,
that The compensation allowed to such
trustees shall be paid in preference 10 all
others, but shall in no case be chargeable
upon the pubic treasury.
Sec. 10. That If any trustee shall en-
bezzle or convert to his own use, or fail
to pay over TO his successor in Office, or toI
OF hers, as may be directed by law, any oil
the proceeds or assets Of any such bank
or banks, or other corporations, or per.
son or persons pretending to exercise cor.
poratc powers shall upon indictment and
conviction thereof, in addIsi to the pay
ment Of his bond, be imprisoned in the
penitentiary not less than two years, nor
more than ten, for each and every offence.
Sec. II. That the foregoing section Of
this act shall not, nor any part thereof, bel
so construed as to release any person or
persons interested in, or any way connec-
led with any such bank or banks, corpor
alton or cornorations or perSon or persons