The lynx. (Panola, Mi. [i.e. Miss.]) 1845-1845, 1845-09-20
THE BRISCOE BILL.

IL DAlDf-OE DILL.
IN ACT 10 presribe the mode Of pro-
ceeding against Incorporated Banks,
:. for rieiatioa Of their corporate fran
chise, and aggiast persons pretending
10 exercise corporate privileges, IN
der acts of.iRcopore?ioa, AID for 9th
or purposes
Section I. Be ii enacted by the Lee
gislature Of the State of Mississippi,
That II shall be the dutyeof each and
every district attorney in This State.
whenever he shall have ret,soa 10 be
lieye, Or whenever The affidavit of one
o. more credible person. or persons
shalEbe presented TO him, stating that
he or they have good rcaspn to believe,
aud do verify believe that any .-incnrpo.
rated bank, located within his dis rict,
has been guilty OF a violation Of any OF
the provisions of lis chatter, or na6
done or omiuedto do any act or. acfs,
;he doing or omission of which world
IN law work a forfeiture Of lis charter,
Or is commanded or preh biie1 by It's
charter, or any statute of ihn State in
relation 10 banks, forthwith 10 file
bill III the Clerk 5 office of The CircaH
Court, of,he county in which such bank
Sha II ba iocotod ~, ,.x,,a,;,,,, =, a. !.
in the nature Of quo wafranto against
such bank; upon the filing Of which IN
tornintlon, il shall be,. and is hereby
made the duty Of the clerk Of said court,
TO issue the proper process against slch.
corporation, person, or persons, gct9fA
natie to the term Of The circuit court
aforesaid, next succeeding The day on
which such information shall be filed.
Section g. Be it further enacted,
That j, shall be The duty of each aud
every district attorney in this State
Whenever he shall bave reason TO DC.
heve. or whenever The affidavit of one
or, more credible person or persons
shall be presented 20 him, stating that
he or they have good reason 10 believe,
that any corporation, person or per-
sots are exercising, using or enjoying
within The district Of such district at,
tornev without legal war rant an autho-
rity, the franchise of being banking
corporations, forthwith 10 file in the
clerks Office Of the circait court Of the
county III which su CHI franchise shall
be SO exercised, used or enjoyed al in
formation in The nature of a quo war
ranto against the corporation, person
or persons aforesaid, u,lcn the fling OF
which information it shall be, and is
hereby made HE duty of the clerk of
said court, to issue the proper process
against such corporation, person or
persons, relurnable TO the term OF the
circuit court aforesaid next succeeding
the. day onwhich such information shall
be filed.
Section 9. Be it further enacted.
That when process shalt be issued a.
galnst any bank upon Information filed
under the provision Of this act, the
Same Shall be served by the Sheriff or
or other proper officer, who shall exc
cute The same by delivering a copy
thereof to the president, CASHIER, or sec
rotary Of such bank, or if there be no |
such president, CASHIER. or secretary,
or IL the sheriff or other officer is una
bic to lind them, then by lea wing copy !
OF such process al the banking house,
or other place OF business Of SAID bank
and when process Shall be issued a
gainst any person OF persons, upon in
formation filed in pursuance d. The
provisions of the second section OF 4l.ls
ACT, such process Shall likewise be sefv-
cd by the sheriff or oliler proscr Off.
Ger, whe shah execute The same oy dc.
iivering copy 10 every such person
or persons whom he can find ia his
counly' and by leaving a copy, Tor
those whom heHs unable to tna at The
banking house or other place occupied
Tor the purpose OF exercising the fran
chises aforesaid.
Seelt0n 4th' BE it further enacted,
That all information in pursuance Of
this act shall be dockeled upon the com,
mon law issue docket, and shall be tried |
al the first term of.the court alter they
shall be filed: Provided, the process is
sued against them shall have been serv-
ed twenty days before the commence
mentof the court: And provided, that
each party shall be entitled to the con-
tlnuapce upon nroner shav;nrs. 80