The Ohio star. [volume] (Ravenna, Ohio) 1830-1854, 1853-04-06

made, procured, obtained suffered. with intent
to evade hinder posfl the operation effecf
of this act shall deemed utterly void and of no
effect.
SEC. 9. Tint if any person shall conceal or
or make way with. or by any eoniriyance remove
out Of this State any coin. bullion. bank bills, prom
ssory no,es, bills of exchange, other securities
gools or chattels, for the pnrrose of evadlnF-f
hinderng. pos.poning the operation Or sheel u
this acf he or she shall be deemad gulf9 oi "'is
,Iemeanor and u,,on coarictian thereof 10 the court
of roper snd jurisdiction. shall be hnen
in any sum not exceeding one thousand dollars OF
imnr;soaed in the Jail of the county not exceeding
sxty days. or both nj III" discrection OF the court
and pay the costs Of prosecution.
SIC. TO- That in the execution Of the duties
snioned by this act, the county treasurer or the
conrnssione and n the deputies or persons nc,
ting By the command of either. shall have power
to break open any onier or inner door, window or
enclosure, and any vault, safe, chest. box, desk OF
drawer or other depository, after verbal demand OF
entrance made and refusal or neglect forthwith
to open the same. And in case any person or per-
sons should resist oppose, or prevent the treasu-
rer or commits -ioner or any deputy or person act
| ing by the command Of ei her in the execution of
| the duties enjoired by This act, such person or
persons shall be Iiabls TO the Same prosecution
md punishment in ali respects as if he or they
had resisted opposed or prevented sheriff or con-
stable in ihe execution OF State writ.
SEC. II. Thst if any county treasurer or COM
missioner shall refuse 6r neglect to perform any
Of the duties enjoiued upon him by this act, ri
the times herein specified. it shall be taken and
deemed rs breach of the condition of his oiic al
boni and shall subject him and kss sureiies TO an
action in that bebalfto recover the amount oil the
taxes assessed and unp#l aforesaid with in
, terest and ten per cenium penalty, and costs OF
, suit. Which aciicn sEui be instituted and con-
Quoted by The Attorney General ss specified in
, the seventh section of the act TO prescribe his
duties, passed the LIST day of May, in the year
: eighteen hundred and fifty two.
5 SEC. l2. That whenever an INJUNCTION has
been or may hereafter be granted, bg the Court of
Common Pleas or Court of Probate Of any dis tr ct
or county, by any iadge of either of the said
Courts, against any person holding the office of
County TreasursHor or County Auditor. or commits
soner hers,.u SPECIFIED. or any other County or
State officer, 10 restrain such persons from per-
Corning any duty of his said Office directed
thorizedby any statute of this State for The coec-
, ton Of the public revenue, the Attorney General
may, upon receiyinga copy of the said proceedings
file. in the office of the Clerk Of the proper Court.
a motion to dissolve the Injunction with costs. and
at any time thereafter on five days notice to the
: complainant or compliments. his her or their
counsel, tho Attorney General or the Prosecuting
: Attorney of the County, may demand that the said
. motion nay'b heard by The proper Court in ses-
sion, OF by any Judge Of such Court if in vacation,
and such Court Judge as aforesaid shall there
upon hear and speedily determine the same. And
in the said Court Judge should refuse to dis
solve the said injunction with costs. the Attorney
General may file motion of appeal from such de-
cision in the Clerks Office Of the said Court. and
thereupon tho Clerk shall forthwith make out and
deliver to the Atorney Generator Prosecuting At
torney certified transcript OF Rll the proceedings
aforesaid, and copies Of all the pleadings, exhibits
Dnd proofs, the expense whereof shall be taxed and
allow to the Clerk fhe cost BIZ Of the said cause.
And the Attorney General or Prosecuting Attor-
ney after ten day notice to the complainant COM
piainsnss, or his her their COUNSEL may present
the said transcript and copies to the District Court
of said county. or to the Supreme Couit or any
Judge thereof, and cause The said motion to be a
gain heard, and the said District Cou,t or Supreme
Ceurt, as the case may be- or Judge of the Supreme
Court. shall entertain the said motion and finally
decide The same, and the said District or Supreme
i Court under its SEAL Judge of the Supreme
Court under his hand, shall certify the decision OF
The said motion to the Court whence the same was
appealed ard in case of dissolving the injunction
shall send Herewith mandaAs under the seal OF
the Court or hand of the Judge granting the same,
directing the Court below TO proceed in accordance
, with the decision SO certified. And thereupon in
case ofsuch mandate the injunction shall be dssoi-
we'd, and the complainant or comptainants shall be
charged in the cost bill with allihe expenses and
costs thereof Bot it .hall not be lawful for such
complainant or eomplaipants upon the same bill, or
any other, bill founded upon the same matters, to
, have any other injunction.
!, Sec l3. That whenever an action at law
or suit in ChaEcery has been commenced, or
: may hereafter be commenced, against any per-
son holding the Office Of County Treasurer or
: County Auditor, or any other county. officer,
i for pei forming or attempting tt perform any
| duty authorized or directed by any statute or
statutes of this State for The collection OF the
public revenue, such Treasurer, Aud tor OF
:, ether officer shall be allowed and paid out oil
! lhe Counfy Treasury, reasonable fees for
counsel and other expenses for defending
s..ch acti IN or suit, and tho amount of any
damasss and costs ndjudged against him,
which saio ses expenses damages aud costs
shall be apporhoned ra!eably by she County
RI Auditor. among all the parties entitled to
| xol and hx, ti,e
said Auditor shall be deducted from the shares
, or portion. of revenue al any time payable
to each. including as one OF the said parties
: the Safe i'self, as well as the cosniies, iowE-
ships, ties, villages, and school districts, arc
j orgaIiza,ot.s entitled as aforesaid.
= tsigned,) JAMES JOHNSON,
y Speaksr Of the House of Representatives,