§ 99-9-7. Corporations; order to appear mailed and published if corporation not found; appearance and plea entered; execution.
214 words·~1 min read·
/ms/title-99-criminal-procedure/chapter-9-process/99-9-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If it be made known to the court, by affidavit of any credible person, as required in suits in chancery against non-residents, that the defendant corporation is non-resident, or cannot be found in this state, it shall order said corporation to cause its appearance to be entered, and to plead to the indictment, on or before the first day of the next term of the court, a copy of which order shall, within thirty days, be forwarded by mail to the corporation, postage paid, by the clerk of the court, if the post-office address be made known by the affidavit; and it shall also be published for three weeks in one of the public newspapers printed in this state, as the court may direct.
If the corporation shall not appear within the time limited by such order, or within such further time as the court shall appoint, then, on due proof of the mailing and publication, or of the publication, the court shall order the clerk to enter an appearance and plea of not guilty for said corporation, and, thereupon, further proceedings may be had on such indictment as if the corporation had appeared and pleaded thereto. In case of conviction, execution may be issued and proceedings had thereon as described in section 99-9-5.