The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-08-31

should fa refuse accept the loan. and take the
shares 70 Wilrh they We're entitled under the act
ms c,hten plated failure To- take any psI1 Of the
fund offered 20 then and an which WAS
ns teCfWu without fault ON their part. And atho the
Application i'r q part u' the fund di uot give them
N' iAtt l'' it" ' inc iNtiiN w lna-Iu much a. they
JG,vcnt.i iy the action o! the Aud tor from, az
plying for their cutrc rateshle shares, their ApIlica
uun i'r Sueh portion a. they could receive would M
der the circumstances show willingness 20 accent
the l1w and would ho good reason ny they should
not forfeit th" balance" which they were prevented
from receiving. Under such circumstances and A.
the terms of the statute we're not strictly complied
with by any Of the parties if his fund wa er,cpd
o, the statute, II competent for the Legislature
e. treat the rights of the other companies not for
feitrd TO give them further indulgence or to make
other provision, for their benefit.
md. After the application by all the companies re-
cOrplzlng the AUDITOR account and receiving their
shares 10 accordance with H. the other cSmpane-
were justified IN acting upon tc hcH"t that no other
claim would be made hy any of them Tor the balance
alleged 10 be due: and 20 give effect o. such sub-c-
nupnt gppcaou by the petitioner under the cIrcUIn-
stances at the case, would bc to allow undue ndran-
t,rq no, justified by the general spirit 81 tn" act
3rd. Il appears that the petitioners did not make
thor application for the fund here ia med p ne HI
fr,or until until marc than Two mphth- ellfr we ~
s.ge of the act. Il true the dppc1Uun Wa maze
&, the Treasurer and ihH bonds 81 ue 'oHI51l
were Deposited N the Treasury "fh'h ninety ut'S :
fer The massage ot the act. Tn" act appears clearly
10 contemplate that the Application 7h9l De mao" ~
~. iui,f,,r within the ninety days. The houd- 10
the amount of the dstTIbutlyc share Al" 9tqlIta 70
IL sled with the Treasurer who- to give TO We Tom
many certificate Of the fact But that c"rth''" Is
+, H. presented 10 the Auditor who l. therenPoh re-
ouircd 10 issue hs warrant on the Treasury IN LAY Q!
6f the Company. for one NTH part 81 me luhup'l
If either Of the panles should ial Tor ninety 'i'
Ia make 3ppcatiou for their dsttibutlf" shares w n
surh .Iura or shares should b. distributor ~ me 4 If
Ijtgr among the road or roads applying "lthh the
ninety DAYS. Thus the Application l"T thg wa 5li'
f.r The di.frlbutye share J. to be made 10 III" Aud
oI d. TO issue his warrant thcreupon for one mn
part of the fund Al all events and u any shTe
not be- aupIrd for within ninety dayshe same shouIh
He distributed bv him 20 such D.h"T road- a. 'llh ap
ply within that time Fir, m tins Il J. clear thai te
application wa be made 20 him WITHIN me h.h'tS
days. rs present 10 to linn The Treasurer crTth s'
/ for the 'fuI amcu claimed hy the company FOR
after that tim. be j. Tequ.r 70 make dl~tritE 'rh ~
any share or shares applied r VIII "a tuat uHl'
90 such a. did apply within Hat time ITO" Wa ~
| 10 k'fpW 20 whom q make 81 p Distribution hirI
ninety days unless the pHTtie, claiming II hau lnit
applicant i'm rs presenting to him then cerudcai"s ~
fore the ration of IA. ninety days. suppose at
me companies had fled their bonds IN he Ir's-lry
and obtained their Crrthcate~ for the tu.I afn"uit
I their p-ct s.. shares and but one Of them had
presented her certificate To- the AudtIr within nne'
y days. when the Auditor procc' d to make dl~tT
button after The ninety days To- whom must b" make
lt'- CERTAINLY - the Company. which had presented
~ claim 10 him. within tn. ninety dHy-. fcr EH
could not -ec"guIz' any other entitled than The
. Company which had made app cn'i n and press" :
- H. o"rrlt Inn He could not take 'tire q
oud~ FLEET 90 the Treasury and mU have yoUchf
IN hls oWD office TO Justify hi~ making distributor
or l~-uInE his warrant.
Therefore the fling q the petitioners bond. n
the Treasury On the 18th February lS5N without tho
presentation OF the certificates e. the Auditor within
IN" n'ty days gave the 'tl':Ouer no right 20 de
9th 2 Cufup4Ut.
Upon any view 81 the subject we are satisfied tha'
the claim csuno: re maintained ard the Judgment
must De reversed and the petition dismissed