Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1845-09-10

FOR whenever the affidavit Of one Or moro
crediiablc person Or persons shall be pre-.
scented 10 him stating that he or they have
good reason TO believe, and do verify Be-.
lievc, that any incorporated bark, local
ed within his district, has been guilty ola
violation Of any Of the provisions or liz
charter, or has done or omitted to do any
act Or acts, the doing Or omission Of which
would in law work forfeiture Of It's char
ter, or any statute Of the State ia relation
to banks, forthwith 70 file d bill in lhc
clerks office OF the circuit court, Of The
/ county in which such bank shall be located
an information in the nature Of aud
warranto against such bank, upon the iii:
ing Of which information it shall be, and
is hereby made the duty Of the clerk of
such court ID issue the proper process d.
gainst such bank, returnabIe 10 the termo(
the circuit court aforesaid, next succeed.
ing the day on which such informatioa
shall be filed.
| Sec. 2. That shalt 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
creditable person or persons shall be pre-.
scented 10 him, stating that he or they have
good reason TO believe, and do verify be-
lieve, that any corporation, person OF 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 tho
circuit court of the county in which such
franchise shall be so exercised, used and
enjoyed, an information in the nature of
quo rdrdnto against the incorporation,
person or persons aforesaid, upon the I'll:
ing Of which information Il shall be, and
is hereby made the duty Of the clerk q
said court, to issue the proper process a.
ganst such corporation, person Or persong
reiurhable TO the term Of the circuit court
aforesaid next succeeding the day on which
such information shall be filed
| SEc. B. 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 CT
other proper officer, who shall execute the
sans by delivering a copy thereof to thepto'
sident, cashier, or secretary Of such bank
or if there be no such president, cashier Of
secretary, or if the sheriff or other officer
is unable 10 find them, then by leayinga
copy of such process at the banking house;
Or other place Of business Of said bank;
and when process shall be issued agans!
any person or persons, upon information
filed in pursuance of the provisions Of the
2nd section Of this act, such process shall
likewise be served by the sheriff OF other
proper officer, who shall execute the same
by delivering copy to every such person
Or persons whom he can find in his coun-
", and by leaving copy for those whom
he is unable to find al the banking house
or other place occupied for the purpose of
exercising The franchises aforesaid.
SEU. 4. That all information in pirsi-
ance Of this acl, shall be doclSeted upoi
the common law issue docket, and shall be
tried at the first term Of the court after
they shall be filed: Provided, the process
issued against them shall have been serv.
ed twenty days before the commencement
of the court: And prorided, that each
party shall DO entitled 10 continuance up;
ON the proper showing; said causes shall
have priority over all otber civil causes on
the docket, and when al issue Of fact shall
be made up il shall BIO tried BY the ordina-
ry jury in attendance upon The court m
the same manner and under The same rules
and regulations that govern upon the trial
Of civil cases.
Sec. 5. That the provisions Of this act
shall not extend 10 the funds which legiti-
mately belong TO the State Of Mississippi
or to the Commercial & Ran Road Bank
Of Vicksburg, or the West Feiciana Rail
Road and Banking Company, so as TO at
feet the rail roads and their operations.
SEC. 9. That upon information being
filed in pursuance Of the provisions Of this
act, 1t shall be the duty Of the clerk, as q
matter Of right on the part Of this State, 70
issue an injunction or injunciions to re.
strain all persons from the collection OF
any demands claimsd by said bank OF
banks, person or persons, assignees or
corporations, and all their officers and a.
gents, Or other person Or persons, until
the said Information be finally tried and
determined; and said injunction shnll have
the office und effect Of an injunction in
chancery; which injunction shall be sers,.
ed by the sheriff or other proper officer y
The county in which said Information may
be filed upon such corporation, bank, as
signee or assignees, it any the:e be, per.
son or persons, or their officers or agents;
il the manner as injunctions IN chancey
are served
i SIC. z. That none Of tho provisions Of
this act. shall DO SO construed DIS 70 pre-
; vent any bank or corporation. assipnees