The Yazoo Democrat. (Yazoo City, Miss.) 1844-18??, 1845-08-06
To Messrs.
To Messrs.
JOHN M. ELDER,
DAVID M. FULTON, Committee.
FRANKLIN SMITH.
THE BRISCOE BILL.

An act to prescribe the mode Of proceeding
against Incorporated banks for viola
ton Of their corporate franchises, and
against persons pretending to exercise
corporate privileges, O1der acts Of incOr-
POrGtiOn, and for other purposes.
SECTION l. Be Il enacted b. The Legis-
laturc of the State Of Mississippi, That ii
shall be the duty Of each and every district
attorney in this state, whenever he shall
have reason to believe, or whenever the
affidavit Of one or more cfeditable person
or persons shall be presented to him sta
ting that he or they have good reason to
believe, and do verify believe that any in.
corporated bank, located within his district,
has been guilty Of violation Of any Of the
provisions Of its charter, or has done or
omitted to do any act OF acts, the doing or
omission Of which would in law work a
forfeiture Of its charter, or is commanded
or prohibited by its charter, or any statute
Of the state in relation to banks, forthwith
ID file bill in the clerks Office Of the
circuit court, Ofthe county in which such
bank shall be located, an information in
the nature Of a quo rarraRtO against such
bank, upon the filing Of which information,
it shall be, and is hereby made the duty Of
the clerk Of such court to issue the proper
process against such bank, returnable to
the term Of the circuit court aforesaid, next
succeeding the day on which such informa.
ton shall be fled,
Sec. 2. That it shall be the duty Of each
and every district attorney in this state,
whenever he shall have reason to believe,
or whenever the affidavit Of one or mora
creditable person OF persons, shall be pre-
scented to him, stating that he or they have
good reason to believe, and do verify be.
lieve, 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 being 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 3
quo loarranto, against the corporation, per-
son or persons aforesaid, upon the filing Of
which information it shall be, and is here
by made the duty oft clerk Of said court,
to issue the proper process against such
corporation, psrson or persons, Tetunable
to the term Of the circuit court Aforesaid
next succeeding the day on which such in
formation shall he fled.
SIC. 8. That when process shall be h
sued against any bank upon information
fled under the provisions Of this aci, the
same shall be served BY the sheriff or other
proper officer, who shall execute the same
BY delivering a copy. thereoftO the Presi-
dent, cashier, or secretary Of such bank, OF
fthere be no such president, cashier, or
secretary, or If the sheriff or other officer IS
unable 60 find them, then BIZ leaving copy
Of such process At the banking house, o.
other place Of business 81 said bank; and
when process shall Be issued against auY
person o. pssons, upon Information dlsdin