Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-05-22
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pITRJ ySTJEn nv ATrrunR1TY
AN ACT

PUBLISHED BY AUTHORITY.
AN ACT
In addition TO the several acts in relation to tn
courts ofJustlce and their powers and duties.
| Sec. l. Be il enacted by the General Assembl
of the State of Ohio. That the courts OF common
pleas shall nave jurisdiction toienIoin the illega
assessment OF taxes, and the collection of take
illegally assessed and of actions TO recover bacl
the amount OF such taxes as may have been or shall
hereafter be collected without regard 20 the amour
thereof
Sec. Actions to enjoin the illegal assessmen
of taxes shall be brought against the county auditor
| and also against any municipal corporation fo
whose use or benefit the assessment may be made
where such assessment may not go on TO the coun
ty duplicate the action shall be against the cor.
poration making the same; actions 10 enjoin the
collection of taxes shall be brought against the Of
fcer having the collection thereof and actions
recover back such taxes after the collection of the
same against the officer making the collections; or
in case OF his death, against his personal represen-
tatives; and where the taxes are not collected or
the county duplicate, the corporation making the
assessment shall also ;be made defendant; but nc
recovery 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
crin the collection of taxes, bond shall be given
as in other cases; if the plaintiff shall admit part
OF the taxes to have been legally assessed he shall
first pay or tender the sum admitted to be legally
due, ard the Injunction shall be sufficient jusrifi-
cation d the officer having the collection of such
taxes fol not collecting the same.
Sec. A petition in error, in the nature of q
bill of review. NAV on leave of the supreme cour,
or any ildge thereof, be filed in the supreme court
to revese or modify any derree in chancery that
heretofore has been or that shall be hereafter rend-
cred any district court in this State. in which
the title to real estate is in controversy, the a.
mount m controversy is not less than five hundred
dollars and the proceedings upon said petition in
error slal in all respects be governed by the act OF
the General Assembly of the State of Ohlo passed
February "a, lS4S, entitled "an act to dispense
with the necessity of copying the papers in bills of
reviewand for other purposes" and the act of
March Is, 1851. entitled "an act to amend the act
directing the mode ofproceeding in chancery" pro-
vided however that the provisions Of this section
shall no, extend to suits that shall have been CON-
mencet since the first day of July, A. D. 1853: g.
provided also, that said PETITION lin error shall be
filed within three years from the time OF the rendi-
tio1 of said decree so sought to be reversed or mo-
difed.
Sec-s Whenever, in the opinion of any Judge
of the court OF common pleas the publis interests
shall require it, the said court shall appoint an as
sisant prosecuting attorney to aid IN the prosecu
ton OF such offence TO the court shall seem pro-
per. and tie county commissioners shall pay for
the services CT such assistant prosecuting attorney
so rendered. such compensation as 10 them shall
seem Just and proper, and shall be approved by the
court.
Nh VAN WORRIES,
Speaker of the House of Repre- sentatives.
THOMAS H. FORD,
President of the Senate
April 10. 1856.
AN ACT
TO an act entitled "an act prescrib.
ing'the duties of supervisors and RELAXING TO roads
and highways" rassed Febu ary Is 1853
SECTION l. Be it enacted by the General As
semblv of the State of Ohio, That if the county
of any county hereafter levy a road
tax, it shall be as follows: If the taxable property
Of the county be over fifty millions of dollars, the
levy shall not be more than one half mill. nor less
than one tweDty-fifth mill on the ar; Ifsuch pro
pery amount to over three and less than fiftv mil
lions Of dollars the levy shall not be more than one
mill nor less than tanih mill an-the dall1r if
uch properly amount to less than three millions of
iolla rs. the levy shall not be more than one and
halt mills nor less than two tenths of mill on the
dollar; but 1.-THE trustees of any township shall
deem in additional road tax necessary the trustees
shall determine the oddinonal per centum, to be
levied on the property ofsuch township, not ex-
ceeding enc half mill on the dollar. and shall
certify the same in writing to the county auditor
On before the first Monday in June in each year
who shall, by the 18th day of the same month for.
ward the list OF road taxes made out sas required
oy the twenty-eghth section Of the act to which |
this is supplemental, the clerk of each township,
who shall Immediately make out list for each |
supervisor, OF all persons in his district, agninst
W HON any road ia may stand charged, together
with the amount Of such tax charged against each:
md each supervisor shall, prior to the first day of
August following, notify every such person, agree
ably 10 the provisions of the thirty fourth section
'f said act, TO which this is supplemental, to work
)ut the same;
Sec. g The county commissioners NAV M. !
nroprate one third of the tax levied by them under
he first section of this act, to bridge purposes and
cause the same to oe collected in oney on the |
county duplicate and no other bridge tax shall be
evied or collected.
Sec 5. Any person charged with a road tax,
nay discharge the same by labor on the road with
n the district where the same is charged prior to
he fifth day of August at the rate OF one dollar
yer day for each days work OF an able bodied man
md ra.abl7 allowance per day for any team
furnished by any person which labor shall be per-
ormed under the direction Of the supervisor OF such
district
Sec 4. Each supervisor shall write on the mar
,in OF his list opposite to the amount charged a.
,aInst all such as may pay the same by labor the
vorl Paid" and shall return lis list on or before
he eventh Of August Of the same year to the town.
IMP clerk who shall write on the margin of The list
ent TO him by the auditor opposite the amount
harged against each person who may have paid
he same in labor shown by the returns of the
uperSlSOTS tne WO1u dlu ana snail t0fthwlth
Onward the snme to the county auditor, who shall
harge all such as may remain unpaid rs shown by
he returns OF the clerks on the duplicate OF the
ounty, and the same shall be collected, as other
monies are collected by the county treasurer. And
he supervisor shall also give TO each person who
nay pay his road tax receipt fer the same and it
" mistake any person who may have paid his road
nx shall be charged with a road tax on the dupli-
ate the receipt OF the proper supervisor shall be
conclusive evidence that such road tax is uniusty
harged.
SIC s. All road taxes collected by the county
reasurer shall be paid over to the treasurer of the
ownshp ir m which the same were collected and
hall be expended on the public roads o! the district
rom which the same were collected.
Sec 8. That such persons are requi ed by
he first section OF the act ID yu:l I supple
mental. TO do add perform two days work on the
ublic roads, shall dc and perform the same be-
ween first day of Apr! and the first day OF July OF
ach year, no person shall be released from silch
aLor y the neglect OF the supervisor to order him
put on or before the first day of July.
Sec. I. The act entitled 'an act TO amend the
entitled aci prescribing the duties of supervi
ors and relating TO roads and highways" passed
April Z 1854, and the act entitled an act TO amend
he act entitled IAN act prescribing the duties of
upervisors and relating TO roads and highways"
assed April 29, 1854. are hereby repealed.
N. II. VAN WORRIES,
Speaker OF the House of Representatives.
THOMAS II. FORD.
President OF the Senate.
April 8, 1856.
AN ACT