The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-09-03

suhH DC the uuly OF cach ana every uletttcb at
loFney in this state, whenever be shall have
lsasOn TO believe, or whenever the AFFIDAVIT o.
one or more creditabIe person or persons shall
be presented to him stating that he or they
have good reason to believe, and do verify be.
lieve that any Incorporated bank, located with.
in bis district, has been guilty Of a violation Of
any Of the provisions Of its charter, or hns done
Or omitted 70 do any act or acts, the doing al
omission Of which would in law work foffei.
ture 0fils charter, o. is commanded ~ hFOhibi-
d1f Is chatter Of any staluteof lh tate in
gtIafi0a banks, i0fthWith 10 fle bill Ell tie
clerk's Office Of the circuit court, OF the county
% which such bank shall be located, an infoF-
nation 10 the nature Of quo waTTnnto against
such hank, upon the fling of which information
it shall he, and is hereby made tie duty of the
clerk of such court to issue the proper process
agAinsI such bank, Feturnable to the term of the
circuit court Aforesaid, next succeeding the day
on which such information shall be sled.
SFc. 2. That it shall be the duty of each and
every district attorney in tbs state whenever
he shall have reason to belieyf, or whenever the
ofidavit Of one or more oFedithble person or per.
sons, shall be presented to HIM, stating that he
or they have good reason tObelieVe, 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 Of be-
ing a banking corporation, forthwith to file in
the clerks office of the circuit court Of the
county in which such franchise shall be go exeF-
cised, used and enjoyed, an Information in the
nature o. a quo waFraHJO, against the corpora
ton, person or persons aforesaid, upon the filing
Of which information il shall be, and is hereby
made the duty Of the clerk Of said court, 10 is
sue the proper process against such corporation,
person OF persons, Fetornable to the term 81 The
circuit court aforesaid next succeeding the day
On which such information shall he filed.
SEC. ,. That when process shall be issued
against any bank y Son information fled under
the pFOvi ions Of this act, the same shal be ser.
we'd BY the sherif or other proper officer, wha
shall execute the same BY delivering i copy
hera1f lO the president, Cashier, OF SECRETARY
4 gn6 bank, Of II there Be no such president,
oashier, Of secretary, 81 II the sheriff or Other
ofioer - unable 10 find Them. then by leaving a
copy such process az The banking house, 81
oh place q business Ofiaid hank and when
pFoeess shall - issued against any person d
persons, upon Information FLED Ii pnrsnance u
tia provisions Of the seennd section of this act,
s8cl process shall likewisa bs served BY TIE sher.
81 ar other proper ofiicer who shall execute the
siffRihs Cory Al everg such pefseI
ll4N 81 oNfi sIstltE ~ ssIis eeuIlt mn
hy ea9ing cory for those whom he Is unable
"a End at the banking house or O4herplace Oc.
cnPied for the purpose Of exeroisiDg the fran
ebiseA Aforesaid. .fH N4
Sac. 4. That al information in pursuance o.
this act, shall be dOcke ed upon the common
law issue docket, and shall be tried ab4be FIRST
term of the court after they shall be fled pro-
vided, the process Issued against them shall have
been served twenty days before the commence
ment Of the court and provided, that ea,h par.
Hall no IN Ia
proper showing said causes shall have priority
over all other civil cAuses upon the docket, and
when an issue Of fact shaIl 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 cases,
SIC. s. That the provisions Of this act shall
not extend to the funds which legitimately be-
long to the state Of Mississippi, or to the Com
mercia and rail road hank Of VIcksbnrg, or TO
the West Feliciana -railroad and banking con-
pany, 50 as to affect the railroads and their ope-
rations.
SEC. 6. That upon Information being fled in
pursuance Of the provisions Of this act, il shall
he the duty Of the clerk, ne a matter OF right on
the part Of this state, 20 issue an injunction or
iniunciions to restrain all persons from the coll
lection Of any demands claimed by said bark or
banks, person or pers0ns cr assignees or corpora
tioqs and all their officers and agents, or other
person or persOns, until the said INFORMATION b.
finally traiIed and determined, and said iuiunc
ton shall have the office and effect Of an injunc-
ton in chancery: which injunction shall be SER
Ved by the sheriff or other proper officer Of the
county in which said information may be fled
upon such corporation, bank; assignee or assig-
nees, if any there he, person or PRISONS or their
officers or agents, in like manner as iniunetiOns
IN chancere are served.
Sec. 7. That none OF the provisions Of this
aci shall Re 30 construed as to prevent any bank
or corporation, assignee or ashignees or any Of
ihaig offers o. agents from aiing out aitaeh-
meHis 81 TIE same manner and lor tie same
saoss iat other creditors are alloH ed lawfully
o 90.