The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1853-05-27

break and open any out OF inner door,
window or enclosure, aud any vault, safe,
chest, box, desk, drawer, CT other depos~
itory, after verbal demand Of entrance
made, and refusal or neglect forthwith
10 open the sume. And in case any
|pemon or persons should resist, oppose,
OF prevent The treasurer or commissioner,
or any deputy or person acting by the
command Of eilhor, in the execution Of
The duties enjoined by this act, such
person OF persons shall he liable 10 the
same prosecution and punishment, in all
respects, as if he or they had resisted
opposed, or prevented sheriff. or con-
stable in the execution OF State writ.
Sec. IL. That il nng county treasu-
rer, or commissioner, shall refuse or neg
lee, TO perform any Of the duties en-
Joined upon him, by this act, at Tie times
herein specified, i; shall be taken and
deemed as breach of the condition OF
bis official bond, aud shall subject him
ard his sureIies 10 an action, in that be-
half, to recover the amourA Of the taxes
asse ssed and unpaid as aforesaid, with
interest and ten per centum pcnally, and
costs Of SUIT. Which action shall be in.
sltuted and conducted by the attorney
general, as specified in the seventh Sec
lion Of the act 10 prescribe his duties,
passed the lst day Of May, in the year
1852.
( Sec. l2 That wherever an ipjnnc>
ton has been, or may hereafter be,
gfanied by The court Of common pleas,
or court Of probate, of any district or
county, or by any judge of either Of the
said courts, against any person holding
the Office Of county treasurer, or county
auditor, or commissioner herein speci-
fed, or any other county or State officer,
TO restrain such person from performing
any duty Of his said office, directed or
authorized by any statute or statutes, OF
this State, for the. collection Of the pub
lie revenues, the attorney general may,
upon receiving copy Of The said pros
ceedings, file in the Office Of The clerk
of The proper couri, a motion TO dissolve
The injunction with casts; and at any time
thereafter, on FIVE days notice 10 the
CON plainanis, or his, her OF their counsel,
the attorney general, or the prosecuting
attorney otthe county, may demand tha,
the said motion shall be heard by the
proper court, il in session, or by any
Judge Of such court, if in vacation, and
such court or Judge, as aforesaid, shall
,hereupon hear, and speedily determine
The same. And in case The said court or
Judge should refuse to dissolve the said
injunction, with Gusts, the attorney gen.
eral may file notice of appeal from such
decision in The clerks office of the said
court; and ihereupon the clerk shalt
forthwith make out and deliver 10 the
attorney general, or prosecuting attorney,
certified transcript Of all the proceed
ings aforesaid, and copies of all the
Epleadings, exhibits, and proofs, the ex-
pense whereof shall be taxed and allowed
10 the clerk in The cosl-bill o( the cause
And The attorney general, or prosecuting
attorney, after ten days notice 10 the
complanant or compliments, or his, her,
or their counsel, may present The said
Transcript and copies TO The district codrl
Of the said county, or TO the sunreme
court, or any judge thereof, and cause
Ilhe said motion TO be again heard. Aud
the said district ecu or supreme court
as the case may be, or Judge Of the SUI
preme court shall entertain the said me-
lion, and fiually decide the snme. And
The said district or supreme court under
lis seal, or Judge Of the supreme court
under his hand, shall certify the decision
Of !he said motion 10 The court whence
the same was appealed, and, in case o
dissolving the injunction, shall seno
herewith mandate, under seal of iht
court, or hand Of the Judge, granting the
same, directing the court below to pro-
ceed in accordance with the decision 81
certified. And thoreupon, in case o
such mandate, The injunction shall b'
dissolved, and the complainant or com
plainants, shall be charged in the COS
bill, with all the expenses mad cost
thereof. And il shall not be lawful 10
such complainant or complainans, npo'
The same bill or any other bill founde'
upon The same matters, 10 have any olhc
injunction.
I Sec. l3. That whenever an action a
law, or suit in chancery has been com
menced, or may hereafter be commenced
Eagains, any person holding the Office 0
county treasurer, county auditor, or olhe
county Office, for performing or attempt
Il ing to perform, any duty authorized, o
i directed by any statute ors,atuies OF lhl
| State, for the collection of the pnbl
revenuet such treasurer, auditor. or oihe
officer, shall be allowed, and paid out q
j The county tbeasury, reasonable fees Q
counsel and other expenses for defending
! such action or suit, and the amount q
any damages and costs ajjudged agains
him, which said fees, expenses, damage
and COSTS, shall be apporlioned raieably
lby the county auditor, among all the par.
lies entitled 10 share the revenue so col
llected, and by the said auditor shall u