Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1849-05-25

''"' H'eC'eu 10 Inc snerid OF his county
commanding him 10 levy the amount o.
such unpaid taxes, together with his fees
'oF connecting the same, of the goods and
chaitles, lands and Ienements, of the per-
son TO whom such taxes were assessed. and
10 pay the same TO the county treasurer and
return such warrant within sixty days from
The date thereof; or said treasurer NAV. al
any time within said three years sue for
aud recover such unpaid taxes, in an action
10 be brought in the name of the board of
supervisors of his county against such per-
son, IN any county where he may be found,
and The assessment roll and town treasu>
rer's warrant and return, or abstracts there
from certified by the county treasurer un-
der his seal of office, shall be prima facie
evidence of such tax, Of its being unpaid,
and the amount which should be recovered
in such action.
Sec. IS. In case the town treasurer of
any town shall refuse to serve, or shall die,
resign. or remove out of the town, before
ne shall have entered upon or completed
the duties OF his office, or shall be disabled
from completing the same from any cause,
the town board shall forthwith appoint a
town treasurer for the remainder Of the term
who shall give like security, and be subject
to like duties and penalties, and have the
same powers and compensation, as the
town treasurer IN whose place he was ap>
pointed; and the town clerk shall forthwith
give notice of such appointment TO the coun-
ly treasurer; but such appointment shall
not exonerate the former town treasurer
or his sureties from any liability incurred
by him or them.
Sec. rs. If Il warrant shall have been is
sued by the town clerk prior to an appoints
ment under the last section, the original
warrant and the tax list, if the same can be
obtained, shall be delivered to the town
treasurer so appointed. and shall be consid-
cred as giving him the same power as if
originally issued TO himself; but if such
warrant and tax list cannot be obtained,
new one shall be made out by the town
clerk, which shall be directed To the town
treasurer so appointed, upon whirh he shall
collect only the balance of taxes remaining
unpaid, and shall be responsible only for the
same. Upon any such appointment The
town board if they shall think it necessary
may by writing, under their hands, endorsed
upon the assessment roll, extend the time
limited for the collection of taxes, for Pc
Rod not exceeding thirty days.
Sec. II. In case the town treasurer shall
neglect or refuse to file his bond with the
county treasurer, in the manner and within
Tie time prescribed by law, and the town
board shall fail TO appoint a town treasurer,
or he shall fail to give such bond and deli
G. i
/ by the first Monday of December Of the
year in which he is appointed, the town
clerk shall deliver to the sheriff of the coun-
~ the original warrant and tax list, if the
same can be obtained, and if not then the
same shall be made out anew, and signed
and delivered, by him 10 such sheriff, to be
executed by himself or his deputy, who
shall execute To Tho county treasurer a like
bond AS is required of the town treasurer,
and shall make like collections and returns,
and shol he entitled 10 the same compen-
saion, and be responsible to the same ex-
tent as the town treasurers appointed BY the
town boards, on all taxes so handed owe: to
him for collections; and for the purpose of
collecting the same shall he vested with all
the powers conferred upon town treasurers.
Sec. 7S. II any town treasurer shall re-
fuse or neglect 10 pay 10 the several officers
! in his town, or their order. or to the county
treasurer, the sums in his hands required
by law to be paid TO them respectively, or
either OF them, or their order, or ii he shall
neglect or refuse TO account for the moneys
required To be collected and paid by him to
them, or either of them, as provided by law,
fba soil
under his hand, directed to the sheriff of
the county, commanding him to levy such
sum as shall remain unpaid and unaccoun-
ted for. together with his fees for collecting
the same. and interest and damages as spe-
gifted in the l24lh section oi this chapter,
of the goods and chatteIs, lands and iene>
merits Of such town treasurer and his sure
ties, and tn pay the same TO the county trea-
surer, and return such warrant within sixty
days from the date thereof; but no such
warrant shall be issued by the county uea-
surer, for the collection of moneys payable
to townofiiccrS or their order, without proof
by affidavit of the refusal or neglect of such
town treasurer to pay the same. or account
therefor as provided by law; and nothing in
this section contained shall be construed as
prohibiting a prosecution upon any town
treasnrer's bond, in case of breach thereof
See. 10. The county treasurer shall forth
with deliver such warrant 10 the sheriff of
the county, who shall Immediately cause
the same TO be executed, and shall make
return thereof to the county treasurer within
the time therein specified, and pay 10 him
the amount required by such warrant. and
such sheriff shall be entitled to collect and
receive the same fees as are allowed by law
to sherifls on execution.
Sec. so. So much Of the moneys so col
lecied, as ought TO have been paid by the
town treasurer to any town officer or other
person, shall be paid by the county ireasu-
ser to such officer or person; and il the
whole amount of moneys due from The town
treasurer, shall not be collected on such
warrant, the county treasurer shall first re-
tain the amount of state tax which should
have been collected and paid over to him by
such delinquent town treasurer. he shall
, next pay over the amount of town and local
taxes to the officer or person aforesaid, en-
, titled 10 receive the same, and the balance,