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Banking privileges. It has been decided that
discounting Bills of exchange and [illegiable]
notes, drawing checks or drafts, and receiving
money upon deposit, where it is [illegiable] as a
business, are banking privileges, and banks of
discount and deposit without the power of issuing
notes for circulation, are well known in the
commercial history of all countries. [illegiable] act of
1829 ch. 85 is a [illegiable] act, forbidding the
establishment of any banking institution
association or concern; or any office of discount
on deposit, unless authorized by the Laws of this
State, or the United States.
Entertaing this opinion, it becomes our duty
to inform you; why we have not instituted
and prosecuted a suit as required by the
resolution. The [illegiable] of proceeding at common
Law would be by merit of [illegiable] warrants, and
our Supreme Court many years ago in the
case of the State against Turk Martin [illegiable] Zerger
page 293, [illegiable] an opinion that the [illegiable]
of [illegiable] warrants was never introduced in
North Carolina, and was not in force in this
State. A Court of Chancery has no original
jurisdiction to enquire of the abuse of
franchise by a corporation; and to have been the
decisions in New York. In most of the States, the
Legislature have provided the means of proceeding
by a writ of scire [illegiable] or [illegiable] warrants, or something
[illegiable]; but in our State Code there is no [illegiable]
whatever regulating suits against corporations or
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