The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-05-14
April 10 1856.
AN ACT

! No. 1870 AN ACT
In addition 10 the several ac is in relation
to the courts Of justice end their pow
ers and duties.
Ssc. /. Be it enacted bv the General
Assembly Of the State of Ohio, That the
courts Of common pleas shall have juris-
diction to enjoin the Illegal assessment
Of taxes, and the collection Of taxes ille-
gally assessed; and of actions to recover
back the amount Of such taxes as may
Fhaye been or shall hereafter be collected,
without regard to the amount thereof
Sec, 2. Actions to enjoin the illegal
assessment of taxes shall be brought
against The county auditor, and also a.
gainst any municipal corporation for
! whose use Cr benefit the assessment may
be made; where such assessment may
not go on to the county duplicate, the &C
ton shall be against the corporation ma
king the same; actions to enjoin the col
lection of taxes shall be brought against
the officer having the collection thereof;
aud actioas to recover back such taxes
after the collection Of the same against
the officer making the collections; or, in
case Of bis death, against his personal
representatives; and where the taxes are
not collected on the county duplicate,
the corporation making the assessment
hall also be made defendant. but no re-
covery shall be had unless the action be
brought within one year after the taxes
shall have been collected.
Sec. 3. When an action shall be
brought to crjon the collection Of taxes,
bond shall be given as in other cases; If
the plaintiff shall admit a part of the tax
es 10 have been Legally assessed, he shall
first pay or tender the sum admitted to
be legally due; and the injunction shall
be sufficient justification Of the officer
having the collection Of such taxes for
not collec ing the same.
Sec A. y petition in error, in the ma
ture of bill of review, may on leave of
the supreme court Or any judge thereof,
be fled in the supreme cours to reverse
or modify any decree in chancery that
heretofore has been or that shall be
hereafter rendered in any district court
in this State, in which the title to real es-
tate is in controversy, or the amount in
controversy is not less than FIVE hundred
dollars, and the proceedings upoa said
petition in error shall in all respects be
governed BY the act Of the General AS.
sembly Of the State Of Ohio, passed Feb
ruary 2l, l843, entitled "an act TO dis.
pense with the necessity of copying the
papers in bills Of review and for other
purposes" aud the act Of March IS,
1851, entitled "an act to amend the act
directing The mode OF proceeding in chan
cery;," provided, however, that the pro.
visions of this section shall not extend to
suits that shall have been commenced
since the first day OF July, A. d. 1858;
and provided also, that said petition in
errcr shall be fled within three years
from the time OF the rendition Of said de-
cree SO sought to be reversed or modi-
fed.
/ Sec. 5. Whenever, in the opinion Of
any Judge Of the court Of common pleas
the public interests shall require it, the
said court shall appoint an assistant pro-
scouting attorney to aid in the prosecu-
zion Of such offence as TO the court shall
seem proper, and the county commis-
sioners shall pay for the services OF such
assistant prosecuting attorney so rem
dered, such compensation as to them
shall seem just and proper, and shall be
approved by the coart.
N. II. VAN WORRIES
Speaker Of the House Of Representatives.
r. H. FORD,
President Of the Senate.
| April 10, 1856.
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