Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1856-06-11
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.
INa. 1901 AN ACT

Nv ~
In addition to the several acts in relation TO the co1its
ofjustice and their powers aud duties
SECTION l.. BE IL enacted by the General assembly
Of the Slate Of Ohio, That the courts OF common pleas
shall have Jurisdiction to enjoin the illegal assessment
oftaxes, and the collection ottaxes Illegally assessed
and Of aetionst to recover back the amount Of such taxes
"A may have been or shall hereafter be collected, With
out regard TO the amount thereof
SECTION ?. Actions to enjoin the Illegal assessment
Of taxes shall be brought against the county auditor,
and also against any municipal corporation for whose
use or benefit the assessment may he made; where such
assessment may not go on to the county duplicate, the
action shall be against the CORPORATION making the
same; actions to enjoin the collection OF taxes shall be
brought against the officer having the collection there
OF; and actions to recover hack suchtaxes after the col
lection Of the same against the officer making the col
lections; or. in case Of his death, against his personal
representatives; and Wher- the taxes are not collected
on the county duplicate, the corporation making the
assessment shall also be made defendant but no re-
covery shall be had unless the action he brought within
one year after the taxes shall have been collected
SECTION 3. when an action shall he brought to en-
join the collection Of taxes. bond shall be given as in
other cases; il the plaintiff shall admit a part OF the
taxes to have been legally assessed, he shall first pay
or tender the sum admitted TO be legally due aud the
Injunction shall be a sufficient Justification Of the Off
Ger having the collection OF such taxes for not collect
srcT1oN 4. A petition in error. in the nature of a
bill Of review, may on leave OF the supreme court or
any Judge thereof, be filed in the SUI RENE court 10 re-
verse or modify any decree in chaDcery that heretofore
has been or that hereafter shall be rendered in any dis
trict court 10 this State, in which the title to real estate
is in controversy, or the amOult in controversy is not
less Than i've hundred dollars. ana the proceedings
upon said petition in error shall in all respects be gov
erned by the act of the general assembly OF the State oil
Ohio passed February a, lS4s. entitled 'an act to dis
pense with the necessity of copying the papers in bills
OF review and for other Purposes, and the act OF March
rs, 1851, entitled " an act 10 amend the act directing
the mode Of proceeding in chancery = provided, how
ever, that the provisions of this section shall not ex'
tend to suits that shall have been commenced since the
first day of July, A. d 1883 and provided also, that
said petition in error shall be filed within three years
from the time Of the rendition of said decree so sought
to be reversed or modified.
Section s.. Whei ever, in the opinion Of any Judge
Of the court Of common pleas the public interests shall
require II, the said court shall appoint an assistant
prosecuting attorney to aid in the prosecution of such
offence as to the court shall seem proper, and the
county commissioners shall pay for the service OF such
assistant prosecuting attorney so rendered, such com
psnsation as to them shall seem just and proper, and
shall he approved by the court
April 10, l>56.
N. VAN WORRIES
Speaker Of the House Of Representatives.
THOMAS II. FORD,